Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the work force beyond normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. attrition.
B. 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit Employee shall be laid off by reason pursuant to a necessary reduction in the work force unless said Employee shall have been notified of duties being assigned said layoff at least fifteen (15) work days prior to one or more part-time employeesthe effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification-by- classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a reduction in the work hours of an employee, the Hospital shall pay its share of insured benefits premiums employee may claim seniority over another employee in the same classification for the duration purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up employee he/she seeks to the end of the month in which the lay-off occursreplace. The employee mayreplaced shall be the least senior employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, if possible under and at his/her option, be granted priority status on the terms and conditions substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the insurance benefits programs, continue to pay the full premium cost of a benefit classification from which they were laid off or benefits for up to three (3) months following the end of the month in classifications in which they have seniority. Qualified is defined as meeting the lay-off occursminimum requirements for the position.
G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employee’s records. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at The recall notice shall state the time and date on which the Employee is to report back to work. It shall be the Employee’s responsibility to keep the Board notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the lay-offposition on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an employee declines recall or fails to report within the aforementioned time limits, this shall constitute his/her resignation from employment and arranges with forfeiture of his/her seniority and employment rights.
H. A laid off Employee shall lose all recall rights in the Hospital event he/she is not recalled within one (1) year from the appropriate payment hed I e.effective date of layoff.
Appears in 2 contracts
Samples: Bus Driver Agreement, Bus Driver Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject A. The Board may determine to layoff has the ability Employees due to meet the normal requirements a lack of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this articlework, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level lack of service corresponding to that funds, abolishment of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent positions, or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. leave.
B. In the event of a layoff of an employeeplanned reduction in force, the Hospital shall pay its share Board will notify the Union at least thirty (30) calendar days before any layoffs take effect. Within seven (7) calendar days of insured benefits premiums such notification, a meeting will be scheduled between the Board and the Union to discuss the reasons for the duration layoff, the affected Employees and the date of the five-month notice layoff.
C. The Board will layoff Employees in any affected classification on the basis of reverse classification seniority.
D. When an Employee is to be laid off, the Employee shall have bumping rights within the job classification over all Employees with less classification seniority. Any Employee bumped will then have bumping rights within the classification until the least senior person is laid off.
E. Employees who have previously worked in another classification, and are subject to a layoff, may bump the least senior Employee in their former classification, providing the following conditions are met:
1. The Employee must have satisfactory experience in the former classification.
2. The Employee must have more years of classification seniority in the former classification, or the Employee must have more total years of system seniority when combining their current classification with their former classification, than the least senior Employee who is currently working in the former classification.
3. The Employee must be willing to accept the pay scale of the former classification.
F. The names of laid off Employees will be kept on a Recall List by classification for a period provided for of two (2) years from the Employee’s last workday. Vacancies within any classification affected by layoff will be filled in accordance with the bid procedure in Article 9.08." O BENEFITS ON LAYOFF 7. However, Employees laid off from that classification must be recalled to any vacancy before the event position can be filled by an Employee from another classification or a new hire. Laid off Employees will be recalled in order of a lay-off their seniority. The offer of an employee, the Hospital shall pay its share of insured benefits premiums up recall will be made by written notice sent to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of Employee at his or her intent most recent address of record by certified mail. It is the Employee’s responsibility to do so at keep the time Board informed of his up-to-date address. The Employee shall have fourteen (14) work days after the lay-offnotice is mailed to accept the offer of recall and report to work. If she or he does not report during such fourteen (14) day period, his or her name will be eliminated from the Recall List and arranges with the Hospital employment relationship between him or her and the appropriate payment hed I e.Board will cease.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Layoff and Recall. An employee in receipt Section A. Employees will be given as much advance notice as possible whenever it becomes necessary to reduce the work force. Whenever possible, reduction of notice of layoff pursuant to may: accept the work force shall be based on seniority.
Section B. Accrued benefits will be prorated for personnel who are on layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under less than ten months into the terms of year.
Section C. No position shall be filled by the Hospitals of Ontario Pension Plan Administration until all persons laid off have been called back to work within classification. No substitutes shall be hired by the Administration for a permanent position until all persons laid off within classification are back to work.
Section D. As long as outlined a person on layoff keeps in Article good standing with this Union (keeps his/her monthly dues paid) he/she must return to work when called, up to one year. If permanent full-time or displace another employee who has lesser bargaining unit seniority in part-time openings occur, the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff Board has the ability responsibility to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a recall laid-off employee persons in order of seniority for up to 12 months after layoff.
Section E. When an employee's job is eliminated he/she shall have the right to displace another use his/her seniority and bump any other employee with lesser having less seniority who is within the least senior same job classification or, when qualified, an employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An lower wage classification.
Section F. Any employee who has been recalled to such temporary vacancy shall not be required to accept such recall bumped by another employee may use his/her seniority and may instead remain on layoff. No full-time bump any other employee having less seniority within the bargaining unit shall same job classification or, when qualified, an employee in an equal or lower wage classification.
Section G. An employee may only use this bumping right once, and must stay at the position he/she bumped into, but may bid on any position which is up for bid.
Section H. All bumping rights must be laid off by reason of duties being assigned exercised in writing and must be submitted to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up Operations Office prior to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions second business day of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months day following the end employee's notification of displacement.
Section I. It is understood that if the deadline passes and no written notification is received by the Operations Office, the employee forfeits his/her bumping right and shall be assigned permanently to the position that is left after the bumping process is completed. In the meantime, the employee will be assigned at the discretion of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Employer.
Appears in 2 contracts
Samples: Maintenance and Operations Master Agreement, Maintenance and Operations Master Agreement
Layoff and Recall. An Section 1. When any employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retirewithin any classification is laid off, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has with the ability to meet the normal requirements of the job. An employee so displaced least classification seniority shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital first.
A. A minimum of his or her intention to do so and the position claimed within seven twenty (720) working days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall will be given preference for notice on layoffs due to a reduction in staff, excluding temporary vacancies which are expected to exceed ten (10) working daysemployees.
Section 2. An employee who has been laid off may, at any time, displace an employee in any other classification in which he/she has previously worked, if he/she has more seniority in the other classification than the employee to be displaced.
A. Such employee shall be paid the highest wage rate in the other classification or his/her classification wage rate, whichever is lower.
Section 3. If an employee in the Maintenance and Operational department cannot displace any other employee under the provisions of this Article 10, an employee in said department may displace the employee in the custodial classification with the least bargaining unit seniority if the laid-off employee has more bargaining unit seniority than the employee to be replaced.
A. Such employee shall be paid the highest wage rate in such classification or his/her classification wage rate, whichever is lower.
Section 4. Employees having the most applicable seniority will be the first recalled to jobs from which they were laid off or to jobs referred to in this Article 10 if such jobs become available before recall to the jobs from which they were laid off.
Section 5. No job shall be filled, except in case of emergency on a temporary vacancy basis, so long as any employee entitled to be recalled is laid off.
Section 6. In all instances in which a senior employee displaces a junior employee, provisions of this Agreement guaranteeing a trial period or qualifying period shall not apply, and any employee who displaces another must be required capable of performing the duties of the job after a period of two (2) days in which to accept such familiarize himself/herself with the duties of his/her job.
Section 7. Notice of recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned given to one or more part-time employees. In the event of a layoff of an employee, employee entitled to be recalled at the Hospital shall pay its share of insured benefits premiums for the duration last address of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF employee recorded at the event of a lay-off of an employeeHuman Resources Office by certified mail, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occursreturn receipt requested. The employee may, if possible under the terms and conditions shall report to work no later than ten (10) working days after mailing of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.notice.
Appears in 2 contracts
Samples: Maintenance Operational Master Contract, Maintenance Operational Master Contract
Layoff and Recall. An Section 1. Layoffs. If the City, in its sole discretion, determines that layoffs are necessary, employees will be laid off in the following order:
a) Temporary, part-time or seasonal employees in the affected classification within the affected department or division;
b) Newly hired probationary employees in the affected classification within the affected department or division;
c) In the event of further reductions in force, employees will be laid off from the affected classification within the affected department or division starting with the least classification seniority. When such reduction shall occur, the employee in receipt of notice of layoff pursuant to may: accept with the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit least classification seniority in the same or affected classification shall, based on City-wide seniority, displace the least senior employee in a lower or an identical-paying equally rated job classification in the bargaining unit unit, provided he is qualified to do the job and has the necessary City-wide seniority. For the purposes of this section, an employee shall be presumed to be qualified for a lower or equally rated job classification if the employee originally subject has previously held and satisfactorily performed in such position for not less than one (1) year or if the employee has previously been on the hiring list for such position within the previous five (5) years. For the purposes of this section, an employee shall not be considered unqualified for a lower or equally rated job classification solely because the employee does not then currently possess a license required by a current job description if such job description allows for a period of time to layoff has obtain such required license. For the ability to meet the normal requirements purpose of the job. An clarification, such an employee so displaced shall be deemed required to have been laid off and shall be entitled to notice thereafter obtain the required license within the time period specified in accordance with Article the job description.
d) An employee who chooses is on layoff with recall rights shall retain his seniority and unused benefits accrued up to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes effective date of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee layoff and shall have the right to displace another maintain insurance coverage by paying in advance the full applicable monthly premium for employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to or dependent coverage, whichever may apply; provided, however, that of the employee is within of shall not be eligible to accrue seniority, sick leave and vacation leave during the laid-off employee's straight-time hourly ratelayoff. An employee who electing to participate in the insurance coverage while on layoff shall be allowed up to twenty-four (24) months of said participation and shall be reimbursed for any overpayment. If any non-probationary employee is subject laid off as a result of the foregoing layoff provisions, said employee may, at his option, bump any non-bargaining unit temporary, part-time, or seasonal employee employed by the City to layoff other than a layoff perform work the same as or similar to work performed by bargaining unit employees, provided he is qualified to do the job of a permanent the displaced temporary, part-time, or long-term nature including a full time seasonal employee. In such event, the employee whose hours of work areshall not be in the bargaining unit; provided, subject to Article reducedhowever, that such employee shall have retain the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee be recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the bargaining unit position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss provisions of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08this Agreement." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. An Section 1: Layoff shall be defined as a reduction in work year day, or hours, as well as an assignment to a lower Classification. Layoffs and recalls will be based upon seniority within the District. The employee with the least seniority in receipt the Classification in which the reduction of notice of layoff pursuant work occurs, will be laid-off first. The employee laid-off may exercise the individual’s District seniority to may: accept displace the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another least-senior employee who has lesser bargaining unit seniority in the same or any lower rat- ed Classification, on a lower District-wide basis, whose duties the employ- ee is capable of performing, or an identical-paying classification in accept a voluntary layoff. Employees displaced under this procedure may, likewise, displace other employees on the bargaining unit if same basis or accept a voluntary layoff.
a. Employees who exercise their seniority under this section will be paid at the employee originally subject to layoff has the ability to meet the normal requirements rate of the jobClassification to which they are as- signed. An The employee so displaced shall be deemed will drop back to have been laid off and shall be entitled a rate comparable to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser her/his seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job Classification to which the employee em- ployee is eligible assigned.
b. Employees who exercise their seniority under this section will be returned to be recalled and their previous position before any other laid- off employees with less seniority, in the date and time at Classification from which the senior employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. was laid-off, are recalled.
c. Employees on layoff who exercise their seniority under this section to assume a new position shall be given preference on a trial basis for temporary vacancies which are expected to exceed ten a period of thirty (1030) working days. An During the trial period, the Board shall provide the employee who with all assistance, including training to update skills, neces- sary to qualify the employee to perform satisfactorily. However, if, after the employee has been recalled provided with the assistance available, the employee is determined not to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time qualified for the new position by the Superintendent, or de- signee, the employee within the bargaining unit shall be laid eligible to exercise the rights provided above.
Section 2: Members who are laid-off by reason shall be given a two (2) week written no- xxxx and will be placed in seniority sequence, at the top of duties being assigned to one or more part-time employeesthe em- ployment and substitute lists. In the event of a layoff of an employeeShould such members be rehired before they have lost their seniori- ty, the Hospital shall pay its share employee will return to work on the same step of insured benefits premiums the Hourly Rate Schedule, unless the employee completed the year, in which instance the employee would automatically be eligible for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured next increment. All sick leave allowance and accumulated benefits premiums up will be restored to the end employee upon return.
Section 3: Recall shall be in the reverse order of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoff.
Appears in 2 contracts
Samples: Secretarial Contract, Secretarial Contract
Layoff and Recall. An Section 1: Layoff shall be defined as a reduction in work year day, or hours, as well as an assignment to a lower Classification. Layoffs and recalls will be based upon seniority within the District. The employee with the least seniority in receipt the Classification in which the re- duction of notice of layoff pursuant work occurs, will be laid-off first. The employee laid-off may exercise the individual’s District seniority to may: accept displace the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another least-senior employee who has lesser bargaining unit seniority in the same or any lower rated Classifi- cation, on a lower or an identicalDistrict-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classificationwide basis, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of whose duties the employee is within capable of performing, or accept a voluntary layoff. Employees displaced under this procedure may, likewise, displace other employees on the same basis or accept a voluntary layoff.
a. Employees who exercise their seniority under this section will be paid at the rate of the laid-off employee's straight-time hourly rate. An employee who is subject Classification to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 procedurewhich they are assigned. The posting procedure in employee will drop back to a rate comparable to her/his sen- iority and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job Classification to which the employee is eligible assigned.
b. Employees who exercise their seniority under this section will be returned to be recalled and their previous position before any other laid-off em- ployees with less seniority, in the date and time at Classification from which the senior employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. was laid-off, are recalled.
c. Employees on layoff who exercise their seniority under this section to as- sume a new position shall be given preference on a trial basis for temporary vacancies which are expected to exceed ten a period of thirty (1030) working days. An During the trial period, the Board shall provide the employee who with all assistance, including training to update skills, necessary to qualify the employee to perform satisfactorily. However, if, after the employee has been recalled provided with the assis- tance available, the employee is determined not to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time qualified for the new position by the Superintendent, or designee, the employee within the bargaining unit shall be laid eligible to exercise the rights provided above.
Section 2: Members who are laid-off by reason shall be given a two (2) week written notice and will be placed in seniority sequence, at the top of duties being assigned to one or more part-time employeesthe employment and substitute lists. In the event of a layoff of an employeeShould such members be rehired before they have lost their seniority, the Hospital shall pay its share employee will return to work on the same step of insured benefits premiums the Hourly Rate Sched- ule, unless the employee completed the year, in which instance the em- ployee would automatically be eligible for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured next increment. All sick leave allowance and accumulated benefits premiums up will be restored to the end employee upon return.
Section 3: Recall shall be in the reverse order of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoff.
Appears in 2 contracts
Samples: Secretarial Contract, Secretarial Contract
Layoff and Recall. An employee A. When it becomes necessary in receipt any department through lack of notice work or funds to reduce the number of layoff employees in a given classification, emergency, provisional, temporary, seasonal and probationary permanent employees shall be laid off first in that order.
B. Permanent employees in a given classification shall be laid off next, pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms Section 124.32 of the Hospitals Ohio Revised Code and Civil Service Rule XIII.
C. If a reduction is necessary in the number of Ontario Pension Plan as outlined employees in Article or displace another a classification normally filled by promotion, the employee who has lesser bargaining unit with the least seniority in the same classification, or a lower or an identical-paying classification in other classifications at equivalent pay level, will be demoted first rather than laid off. Thereafter, the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements procedure of the job. An employee so displaced Section B shall be deemed to apply.
D. The names of permanent employees who have been laid off and shall be entitled put on an appropriate recall list according to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layofftheir seniority. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding a period not to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classificationexceed one (1) year, as defined in this articleaccording to their standing on such list, a laid-off employee they shall have the prior right to displace another employee with lesser seniority who is the least senior employee recall any vacancy in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. their classification.
E. In the event of a layoff of an employeeclassified or unclassified employees, the Hospital appropriate union(s) shall pay its share of insured benefits premiums for be notified as soon as possible and shall be given a layoff list as soon as it becomes available, identifying the duration seniority and the classification of the five-month notice period provided for employees affected. The Board shall consult with Local 232 on the effect of the layoff on their bargaining units and on the rights of any employee laid off directly or by bumping procedure. Local 232 shall be given a seniority list of employees at such time as such list is obtained from The Employee Labor Relations Department.
F. With respect to the layoff of unclassified employees, the employee with the greater seniority as defined in Article 9.08." O BENEFITS ON LAYOFF the event of XI (A) shall be retained if a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up choice needs to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his between two or her intent to do so at the time of the lay-offmore employees who have substantially equal training, experience, and arranges with the Hospital the appropriate payment hed I e.individual qualifications for a specific position. For a period not to exceed one (1) year, employees shall be recalled by seniority to any vacancy in their classification for which they are qualified.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. An Section 1 – Layoff becomes necessary in a job classification due to abolishment of positions, lack of funds or lack of work. The following procedure shall govern such layoff:
A. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements insofar as practical for employees who resign, retire, or otherwise vacate a position.
B. Whenever it becomes necessary to lay off employees by reasons as stated above, affected employees shall be laid off according to seniority within the classification, with the least senior employee laid off first. Seniority shall be defined as the uninterrupted length of continuous service with the Board in receipt a particular job classification computed from the latest date of appointment to the present classification. Authorized leaves of absence, except for maternity leave without pay, do no constitute a year of service for seniority purposes. The employee with the least seniority within a job classification, has the right to displace any employee with less overall continuous seniority in the affected job classification series, who is an any lower paying job classification in the displacing employee's same classification series.
C. The following classification shall be used for the purpose of defining classification in the event of layoff:
1. Cook, Food Service Coordinator
2. Custodian, Head Custodian
3. Elementary School Secretary, Secondary School Secretary
4. Aides, Clerical Aides
5. Direct Service Aides
6. Maintenance I, Maintenance II
7. Transportation Specialist
8. Mechanic, Head Mechanic
D. The Board shall determine in which classifications the layoff shall occur and the number of employees to be laid off.
E. Fourteen days prior to the effective date of layoffs, the Board shall prepare and post for inspection in a conspicuous place, a list containing the names, seniority dates and classifications and indicate which employees are to be laid off. Each employee to be laid off shall be given advance written notice of the layoff. Each notice of layoff pursuant to may: accept shall state the following:
1. Reasons for the layoff or reduction.
2. The effective date of layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms .
3. A copy of the Hospitals layoff and recall provisions of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in this Contract.
F. For the same or a lower or an identical-paying classification in which layoffs occur, the bargaining unit if Board shall prepare a reinstatement list and the employee originally subject to layoff has the ability to meet the normal requirements name of the job. An employee so displaced shall be deemed to all employees who have been laid off and shall be entitled placed on a reinstatement list in the reverse order of layoff. Reinstatement shall be made from the list before any new employees are hired in that classification.
G. Vacancies which occur in the classification of layoff shall be offered to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed accepted within seven (7) days after receiving of receipt of notice by the employee standing highest on the layoff list. Any employee who declines reinstatement or fails to respond within seven (7) days of receipt of notice of layoff. For purposes of recall shall be removed from the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity reinstatement list.
H. The notice 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity made by registered mail, addressed certified mail to the last address on record file with the Hospital (which notification shall Superintendent. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to be received have declined reinstatement seven (7) days after postal delivery by certified mail was attempted.
I. The employee's name shall remain on the second day following appropriate list for a period of two (2) years from the effective date of mailing)layoff. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the If reinstated from layoff during this period, such employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08retain all previously accumulated seniority." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of Section 1: A layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid occurred when the City, within its sole discretion, announces that it is laying off and shall be entitled employees for lack of work or lack of allocated funds.
Section 2: The City agrees to notice in accordance with Article An employee who chooses to exercise notify the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes Union of the operation names of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a being laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee same time notice is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to affected employees or immediately thereafter.
Section 3: The City Manager or his designee shall designate the layoff should it become vacant job classifications in which the layoffs shall occur and the number of employees within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed each classification 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 Hospitallaid off. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit covered under this Agreement shall be laid off by reason of duties being assigned to one or more partjob classification and, within each classification, by City employment seniority. However, no regular full-time employees. In employee shall be separated from his/her classification while there are emergency, provisional, probationary, part- time, or temporary employees in the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month classification in which the lay-off occurslayoff(s) is occurring and who have not been laid off.
Section 4: Any employee covered by this Agreement who is affected by a layoff may be considered to displace any employee with less City employment seniority in any lower rated classification covered by this Agreement, provided that said employee is immediately qualified to perform the necessary services to be performed in that lower rated classification. The City manager and/or the Personnel Manager shall determine lower rated classifications and whether the affected employee may, if possible under is immediately qualified to perform the terms and conditions necessary services to be performed in that lower rated classification. Such determinations shall be made in the sole discretion of the insurance benefits programsCity Manager and/or the Personnel Manager and shall be final and binding. When an employee elects to "bump" into a lower rated classification, continue said employee will be paid the rate of pay of that lower rated classification.
Section 5: Employees who have been laid off will have the recall rights for a period of time not to pay the full premium cost of a benefit or benefits for up to three exceed twenty-four (324) months following to the end of the month in which the lay-position they held when they were laid off occurs. Such payment can be made through the payroll office of the Hospital or into a lower rated classification covered by this Agreement, provided that the employee informs is immediately qualified to perform the Hospital of his necessary services under the employee classification or her intent in the lower rated classification, should the position become available. All employees who are recalled shall be required to do so at the time of the lay-off, pass a physical examination and arranges with the Hospital the appropriate payment hed I e.a drug test prior to being authorized to return to work.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. An employee in receipt In the event the layoff of notice of layoff pursuant employees is determined to may: accept be necessary by the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retireEmployer, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identicaltemporary, casual, seasonal, part-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced time and probationary employees shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layofffirst. For purposes of this collective bargaining agreement, those employees know as the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same "reserve unit or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees reserve deputies" 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more considered part-time employees. If additional layoffs are scheduled, seniority employees shall be laid off in reverse order of their job classification seniority. Laid off employees shall be entitled to exercise their departmental seniority and be assigned to another job classification of equal or lower pay rate, providing Employer determines such employee is capable of performing the work in such other job classification. The decision of the Employer as to the capability of the employee shall not be arbitrary or capricious. Should an employee or employees be displaced by the procedure outlined in this Section, it shall be the employee(s) with the least job classification seniority. Such employee(s) shall be entitled to exercise departmental seniority as conditioned herein. Effective January 1, 1991, all newly hired employees will not be able to bump into a classification of equal or lower pay rate unless the employee served in that classification. The employee, if eligible, may only bump persons with less classification seniority than the classification seniority earned by the bumping employee. However, during times of layoff, when full-time bargaining unit employees are laid off, reserve deputies may assist full-time bargaining unit employees with their duties, for safety related reasons. No reserve deputy will replace or perform duties normally done by full-time employees, except as provided herein. In the event a full-time bargaining unit employee refuses to work with a reserve deputy for reasons related to the competency level or abilities of a layoff of an employeethe reserve, the Hospital full-time employee shall pay its share of insured benefits premiums submit the reasons for refusal in writing. Refusals to work with reserve officers shall be reviewed by the duration Safety Committee. The Safety Committee shall conduct an investigatory hearing regarding the reasons for refusal. Upon completion of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF investigatory hearing the Safety Committee shall make its' recommendation, which shall be final and binding upon the refusing employee. In the event special duty work opportunities become available, such work opportunities shall be offered, by seniority, to full-time bargaining unit personnel on a voluntary basis. The rate of a laypay for special duty events will be determined by the special duty event contract. For purposes of this agreement special duty events shall be defined as marine patrol, boat races, beer tents, parade duty, fair duty, snowmobile patrol and other such similar special community functions. In the event full-off time bargaining unit personnel decline special duty work opportunities or the required number of an employeefull-time bargaining unit personnel cannot be obtained, special duty work opportunities may be offered to part-time or reserve personnel. During periods of layoff, however, the Hospital opportunity to work special duty jobs shall pay its share of insured benefits premiums up be offered to full-time laid off personnel laid off personnel prior to allowing part-time or reserve personnel to work.
i) Recalls from layoff shall be made by written notice sent by certified mail to the end employee's last known address of record. All employees are required to notify proper post office address or change of address shown upon the month Lapeer County Sheriff's Department records for all purposes.
ii) Each employee who is recalled from layoff shall report in which person or by certified mail to the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to Lapeer County Sheriff's Department within three (3) months following working days after being notified of recall, whether or not he intends to return to work for the end Sheriff's Department, and, if he states he will return to work for the Sheriff's Department, he shall report to work on the date specified by the Lapeer County Sheriff's Department which shall not be less than five (5) calendar days from the date of notification of recall.
iii) Employees who have been reduced in rank shall be returned to their former rank in order of their classification seniority. If an employee fails to notify the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital Lapeer County Sheriff’s Department of his decision, within the three (3) work day period as defined in Section 5, subparagraph (c) of this Article, or her intent notifies the Lapeer County Sheriff’s Department that he will not return to do so at work for the time of Lapeer County Sheriff’s Department, or having agreed to return to work for the lay-offLapeer County Sheriff’s Department, fails to report on the date specified, unless the failure to report is for justifiable reasons, he shall be considered as having voluntarily quit, and arranges with the Hospital next employee in order of seniority having the appropriate payment hed I e.necessary ability shall be recalled to work. The Union Xxxxxxx shall be given the names in order of layoff or recall whenever employees are laid off or recalled to work.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. An employee Section 1 When it becomes necessary to lay-off bargaining unit members, those not on a seniority list shall be laid off first, and then bargaining unit members shall be laid off in receipt inverse order of notice of layoff pursuant to may: accept their seniority within the layoff; or opt to receive a separation allowance as outlined affected classification. Provided, that those bargaining unit members not laid off following this procedure are, in Article 9.12; or opt to retire, if eligible under the terms opinion of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in Employer, qualified to perform the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within work of the laid-off employeebargaining unit members. Employees to be laid off will be given at least five (5) working days advance notice of the lay off. This notice will be in writing and the union will be furnished a copy.
Section 2 For purposes of lay off only, a bargaining unit member may bump into another classification covered by this agreement to which they are not currently assigned at the time of lay off if all of the following conditions are met:
a. The bargaining unit member has greater seniority than the employee to be bumped.
b. The bargaining unit member is presently qualified to perform work in the other classification.
c. No bump is possible within the bargaining unit member's straight-assigned classification at the time hourly rate. An employee who is of lay off.
d. A bargaining unit member bumping into another classification, as outlined above, shall be subject to a thirty (30) work day probationary period in that classification. If the Employer determines that that the work performance of the employee is not acceptable in said other classification, the bargaining unit member shall be returned to lay off status but shall not forfeit rights to recall in their previously assigned classification. Return to layoff other than status under this provision shall be at the sole discretion of the Employer.
Section 3 In recalling bargaining unit members following a layoff of a permanent or longlay-term nature including a full time employee whose hours of work areoff, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, employees will be recalled 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant seniority within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance their respective classifications with the loss of seniority provision, or have been found unable most senior bargaining unit member being called first. If a bargaining unit member fails to perform the report for work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital within five (which notification shall be deemed to be received on the second 5) working day following the date of mailing)mailing the notice of recall, he shall be considered to have voluntarily quit and shall be removed from the seniority list. Exceptions may be made if, in the opinion of the Employer, circumstances warrant. The notification shall state union will be provided with copies of all notices of recall.
Section 4 A laid off bargaining unit member may be recalled to a classification other than the job classification from which they were laid off if all of the following are met:
a. The bargaining unit member is presently qualified to work in the classification to which recall is sought and there are no laid off employees in that classification eligible for recall.
b. There is no available vacant assignment in the employee is eligible to be recalled and the date and time at classification from which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be member was originally laid off by reason of duties being assigned to one or more part-time employees. for which the bargaining unit member is qualified and possesses sufficient seniority.
c. In the event of that a layoff of an employee, bargaining unit member is recalled to a classification different than the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up classification to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so they were assigned at the time of the lay-lay off, the bargaining unit member shall be subject to a thirty (30) work day probationary period in the other classification. If the Employer determines that the work performance of the bargaining unit member is not acceptable in that classification, the bargaining unit member shall be returned to lay off status and arranges with shall not forfeit rights to recall in their previously assigned classification. Return to lay off status under this provision shall be at the Hospital sole discretion of the appropriate payment hed I e.Employer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. An employee In the event of a layoff at the Hospital of a permanent or long term (in receipt excess of weeks} nature, the will: provide the Union with no less than calendar days' notice of layoff pursuant to may: accept the layoffs and no less than months' notice of permanent layoff; or opt meet with the Union through the Labour Management Committee to receive a separation allowance as outlined in Article 9.12; or opt review the following: the reason causing the layoff the method of implementation including the areas of and employees to retire, if eligible under be laid off ways the Hospital can assist employees to find alternate employment. Any agreement between the Hospital and the Union resulting from the above review concerning the method of implementationwill take precedence over the terms of layoff in In the Hospitals event of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority layoff, the Hospital shall lay off employees in the same or reverse order of their seniority within their classification, providing that those employees who remain on the job have the qualifications and ability to perform the work. Employees shall be entitled to months' notice of permanent layoff. In the event of a lower or an identicallong-paying classification in the bargaining unit if term layoff, the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses the provisions of the Employment Standards Act. It is agreed and understood that Regulation Section of the Employment Standard Act applies. It is further agreed that notice to exercise both the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so Union and the position claimed within seven (7) days after receiving the notice of layoffemployees may run concurrently. For purposes of layoff under Article the operation clinical laboratory department would include the sub-disciplines of clause laboratory medicine. For purposes of layoff under this Article, a discipline is a function within a department. An employee who is subject to or long term layoff shalt have the following entitlements: accept the layoff and be placed on a recall list for (24) months; or the employee may displace an identical-paying classification shall include any classification where employee who has lesser bargaining unit seniority and who is the straight-time hourly wage rate at the level of service corresponding to that of the laid off least senior employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-her classification, identical paying classification, as defined or lower paying classification in this articleher discipline or department, if the employee originally subject to layoff can perform the duties of the least senior employee within her classification, identical paying a laid-off classification, or lower paying in her discipline or department without training other than orientation. If the employee shall have cannot displace an employee in her discipline or department, the right to employee may displace another an employee with who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in another department, if the classification and where employee originally subject to layoff can perform the straight-time hourly rate at the level of service corresponding to that duties of the least senior employee is within of the laid-off employee's straight-time hourly ratein a lower or identical paying classification in another department without training other than orientation. An employee who is subject to layoff other for a period not greater than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, thirteen weeks shall have the right to following entitlements: accept the layoff and be placed on a recall list for (24) months; or displace another an employee within her classification who has lesser bargaining unit seniority and who is the least senior employee within her classification, if the employee originally subject to layoff can perform the duties of the least senior in her classification in her discipline without training or orientation. If the employee cannot displace an employee in accordance the employee may displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in her discipline, if the employee originally subject to layoff can perform the duties of the least senior employee in a lower or identical paying classification in her discipline without training or orientation. Where an employee has her cancelled, the employee shall not be entitled to displace another employee. An employee who displaces an employee in a lower paying classification will be placed on the salary grid of the lower classification consistent with (a) the level he would have achieved in the lower classification based on his and aboveexperience with the Hospital. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the qualifications and ability to perform the work 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 completecompleted. In determining An employee who is recalled shall be credited with the ability of an employee to perform seniority he had at the work for the purposes time of the paragraphs above, the Hospital shall not act in an arbitrary or unfair mannerlayoff. An employee recalled to work in a different classification from which he or she was laid off off, or an employee who has displaced an employee in a lower classification shall have the privilege of returning be entitled to return to the position he held prior to the layoff should it become vacant within six twenty-four (624) months of being recalledthe layoff, provided that the employee remains qualified and able to perform the duties of his position. 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 available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second fifth 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 Hospital. Employees on Where there is an available opening which has not been filled in accordance with Article an employee who has either accepted a layoff shall or is under notice of layoff and is unable to displace any other employee will be given preference an opportunity for temporary vacancies which are on-the-job retraining of up to months, subject to the staffing requirements of the hospital, if, with the benefit of such retraining, the employee reasonably be expected to exceed ten (10) working daysobtain the qualifications and ability to perform the work, Such opportunities will be provided in order of seniority. An During the period of on-the-job retraining the recall period will continue to apply from the original date of layoff. If, following the period of on-the-job retraining the employee has not obtained the qualifications and ability to perform the work, the employee will be returned to the recall list or will be terminated in accordance with Article In the event that 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 bargaining unit shall be laid off and is placed on a recall list is assigned, by reason of duties being assigned the Hospital, ad hoc shifts or to one or more part-time employees. In the event of a layoff of an employeetemporary vacancy, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employeeshe will retain, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms but not accumulate her seniority and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so service held at the time of the laylayoff. Employees in such assignments will be treated as part-off, time. Where an employee is recalled pursuant to Article she will receive credit for service and arranges with the Hospital the appropriate payment hed I e.seniority for shifts worked under this provision. Any assignments under this provision will be offered on a voluntary basis.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An A. When it becomes necessary, through Jack of work or funds, to reduce the number of bargaining unit employees, emergency provisional, part-time, temporary, seasonal and probationary employees in the departments covered herein shall be laid off first in that order if such is not prohibited by law.
B. If it becomes necessary to reduce the permanent work force in any classification in any department, the permanent employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying such classification in the bargaining unit if department with the least seniority as defined in Article 20 shall be the first laid off in that department. This employee shall have the right to bump any less senior employee in that classification in any other department, provided he/she has the basic qualifications to perform the duties of the job.
C. Any permanent employee who is then laid off from a classification shall have the right to bump into any other classification which contains permanent employees with less seniority than the laid off employee regardless of department but provided the employee originally subject to layoff has the ability basic qualifications to meet perform the normal requirements duties of the job. If such occurs, then the employee in such classification with the least seniority shall then be laid off subject to the right to bump into any other classification having basic qualifications to perform the duties of the job. Such procedure shall continue until the least senior employee is laid off. Supervisory personnel can perform union work in the water and sewer plants and shall perform the comparative analysis for the length of time necessary for certification of the effected employee.
D. In the event an unlicensed employee bumps into a classification that requires a license said employee shall have two (2) months to obtain a CDL license.
E. The City shall prepare a seniority list for posting and delivery to the Union. This list shall contain the seniority date of all permanent employees. Employees shall review the list and any disputes shall be subject to the grievance procedure. Employees who fail to grieve shall be bound for all purposes by the seniority date as shown by the City's list.
A. Permanent employees who are on layoff shall be placed on a recall list according to seniority. The employee with the most seniority shall be recalled first when jobs are to be filled or when funds and work are available. Employees shall be recalled from layoffs in the reverse order from which they were laid off before any new employees are hired. Recalled employees must possess the basic qualifications to perform the work for which the recall occurs. If an employee is recalled into a job other than his/her regular job held before layoff and that job comes open at a later date, he/she will have the right to take that job.
B. Laid off employees shall furnish the City and the Union with their current address and phone number at all times. Laid off employees who are to be recalled shall be notified by both telephone call and registered mail that they are recalled and the employee shall report for work within ten (10) workdays of recall or else forfeit all recall rights under this Agreement.
X. Xxxxx to written notice of the layoff, the City shall meet and discuss the layoff and its impact with the Union. Permanent employees shall be given two (2) weeks advance written notice of the layoff. An employee so displaced who receives a notice of layoff shall be deemed have three working days from receipt of the notice to have been bump, however, the placement shall not take effect until the expiration of the two week period. A laid off and employee shall be entitled to notice in accordance with Article unemployment benefits.
X. Xxxx off permanent employees shall be placed on a recall list for a period of two (2) years. An employee who chooses to exercise has the right to displace another decline a recall, if so declined then the employee with lesser seniority shall advise moves to the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes bottom of the operation of clause recall list. In the event that the City is required to hire an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within as a result of the laid off employee's straight time hourly wage ratedecline, then the employee loses all recall rights. In A permanent employee who has been taken off a recall list may make application for new City employment and shall be considered for new employment before any applicants.
E. When it becomes necessary to layoff bargaining unit employees the event that there are no employees with lesser seniority employee shall be compensated for fringe benefits earned and not used in the same or a lower or identical-paying classificationmanner as indicated in Article 12, Section 12.6, retirement pay for unused vacation and holidays. When laid off employees are recalled in accordance with Article 21, Section 21.2 the vacation and personal days shall be "earned" in the same fashion as defined in this article, a laid-calculated under Article 12. Laid off employee employees shall have the right option, for a term not to displace another exceed ninety (90) days, to leave with the City any accumulated but unused fringe benefits vacation time, sick leave, holiday leaves earned while employed. If employee with lesser seniority who is has not been called back to work within the least senior ninety (90) day period after layoff, said benefits shall be paid to the employee in the classification and where the straight-time hourly rate laid off at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, request.
F. Senior employees shall have the right to accept voluntary layoff in lieu of the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from other employees under this Article for 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 period 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An three months.
X. Xx employee who has been recalled laid off, whether such layoff has resulted in a loss of employment with the City of Fostoria or displacement from bid job to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within another position with the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made city through the payroll office of the Hospital provided that layoff procedure, and their previously held position becomes available, then the employee informs the Hospital of his or her intent must return to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.their previously held position.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least weeks notice. This notice is not addition to required notice for individual employees. In the event of a layoff pursuant to may: accept of a permanent or long-term nature, the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to Home will provide affected employees with notice in accordance with Article An the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice In the event of lay-off, the employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. accept the lay-off; or First bump an employee with less bargaining unit seniority within his or her bargaining unit (full or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation. Chain bumping be allowed with the understanding that an employee subject to lay off who chooses to exercise bump, must bump the right to displace another employee with lesser less seniority shall advise who has scheduled hours equal to or less than the Hospital of his or her intention employee laid off, subject to do so and paragraph (vi) below. Consistent with the position claimed within seven (7) days after receiving the opportunity to chain bump all employees who are potentially impacted will be given notice of layoff. For purposes layoff at the outset of the operation of clause an identical-process. An identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees within the laid off classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee’s regularly scheduled bi- weekly hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. In the event that there are not employees in either bargaining unit with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a laid-laid off employee shall will have the right to displace another an employee with lesser seniority less seniority, who is has schedule d hours equal to or less than the least senior employee laid off, in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laidlaid off straight time hourly rate provided he or she is qualified for and can perform the duties without training other than orientation. The decision of the employee to choose or above shall be given in writing to the Administrator within three ( 3 ) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off employee's straightlay-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff off to an available opening, in order of seniority, provided he or she has the ability and qualifications as required by law 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 completecompleted. In determining the ability and qualifications as required by law as agreed between the parties of an employee to perform the work for the purposes of the paragraphs paragraph above, the Hospital Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position she held prior to the layoff lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.six
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee A. When there is a reduction in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retireworking force, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit members shall be laid off in accordance with seniority, that is the employee with the least seniority shall be laid off first. In the selection of employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority provided the bargaining unit member is qualified to perform the work.
B. W~enever a bargaining unit member is to be school district shall notify the bargaining the Association president by reason mailing notice working days of the Board meeting in which layoff action, except in case of emergency. laid off, unit member within ten the Board
C. Laid-off bargaining unit members shall be recalled in accordance with seniority; that Ls ; the bargaining unit member with the greatest seniority shall be recalled first, provided they have the ability and are able to perform the duties being assigned to one of the job that is open.
D. When recalling laid-off bargaining unit members, the school district will notify them by certified mail at the last known address. If such bargaining unit member does not notify the school district within seven [7] working days from the mailing date of such notice that he/she will report for work on the date specified, or more part-time employees. give a legitimate reason, as determined by the superintendent, for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated.
E. In the event of a layoff reduction in the work hours in a classification, bargaining unit members with the greater seniority may use same to maintain his/her normal work schedule by displacing bargaining unit members with less seniority on the work schedule. In no case shall a reduction of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month any bargaining unit member's work hours take effect until ten [10] work days after written notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of affected bargaining unit member[s] is given by the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Employer.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. A. Seniority within job classifications shall prevail in the layoff of employees. In reducing the work force of a job classification, the employee last hired in the job classification shall be the first employee laid off.
B. In the event of a program closure or a program change/alteration which eliminates the position(s) of bargaining unit employees, an overall bid meeting will be held for all employees within the job classification.
C. All bargaining unit members who might be affected shall be notified of the time and place of a meeting whose purpose shall be to post and fill all resulting vacancies on the basis of qualifications and accrued seniority.
D. When positions become available while there are child care employees on lay off, the position will be posted and filled based on qualifications and seniority of currently working union members. Laid off union employees shall then be recalled by qualifications and classification seniority. Any exception to the above must be approved by management and the Union Chairperson/designee.
E. Should layoffs become necessary, management shall notify employees by certified letter or by personal contact at which time the employee would sign for the notification with the presenter. An employee in receipt being laid off will be notified at least fifteen (15) working days prior to the effective date and time. Recalls will be made by certified or hand delivered letter for which the employee would sign. In the event of notice of layoff pursuant to may: accept an emergency, recall may be by phone.
F. If employees are laid off for a period longer than ten (10) days the layoff; or opt to Union Chairperson shall receive a separation allowance as outlined in Article 9.12; or opt list from the Employer of the employees being laid off on the same day notice is issued to retire, if eligible the employees. An employee’s layoff status shall not exceed two (2) years.
G. An employee who is laid off under the terms of the Hospitals of Ontario Pension Plan Agreement and works as outlined a substitute in Article or displace another employee who has lesser a bargaining unit seniority in position during the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to time of layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage paid their rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the step and classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of layoff, not to exceed $10.00/hour.
H. Notwithstanding their position on the lay-offseniority list, the Union Chapter Chairperson, Vice Chairperson and arranges with Xxxxxxx, in the Hospital event of layoff of any type shall be continued at work as long as there is a job in their department, which they can perform. Qualifications shall be determined jointly between the appropriate payment hed I e.Employer and the Union.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. (a) In the event of layoff, the Employer shall layoff employees within their classification from the part-time or full-time seniority list, provided that there remain on the job employees who have the ability and qualifications to perform the work.
(b) For the purposes of layoff, full-time and part-time seniority lists are deemed to be separate except as may be amended below.
(c) An employee in receipt of notice of who is subject to layoff pursuant shall have the right to may: either:
i) accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or or
ii) displace another an employee who has lesser bargaining unit seniority in seniority, and is of the same status (full-time or part-time) in a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has is qualified for and can perform the ability to meet the normal requirements duties of the jobidentical or lower paying classification without training other than orientation. An Such employee so displaced shall be deemed laid off and may bump an employee who is of the same status (full-time or part-time), and who is a less senior employee in a lower or identical paying classification in the bargaining unit, if the employee originally subject to layoff is qualified for and can perform the duties of the lower or identical paying classification without training other than orientation. Such employee so displaced shall be laid off.
iii) where there are no employees with less seniority in lower or identical paying classifications, a laid off employee will have been the right to displace an employee with less seniority in another higher paying classification provided she is qualified for and can perform the duties without training other than orientation. Such employee so displaced shall be laid off and subject to the language in (c) ii) paragraph (2) two.
iv) where a full-time employee cannot bump another full-time employee in accordance with the above, she can displace a part-time employee in an equal or lower paying classification who is less senior provided she is qualified for and can perform the duties of the classification without training other than orientation. Such part-time employee so displaced shall be laid off and shall be entitled to notice the rights as set out in accordance with Article An (ii) above. A part-time employee who chooses to exercise cannot bump another part-time employee shall likewise have the right to displace another a less senior full-time employee with lesser seniority provided she is qualified for and can perform the duties of the classification without training other than orientation. Such full-time employee so displaced shall advise be laid off and shall be entitled to the Hospital rights set out in (ii) above. The decision of his the employee to choose (i), (ii), (iii) or her intention the above shall be given in writing to do so and the position claimed Human Resources within seven (7) calendar days after receiving following the notice notification of layoff. For purposes Employee failing to do so will be deemed to have accepted the layoff. Any other employee subsequently bumped must exercise their bumping rights within three (3) days of their being bumped.
v) orientation is defined as an opportunity for the Employer to advise the bumping employee of any particular requirements, procedures or aspects of the operation of clause an identical-paying classification shall include any classification where job and for the straight-time hourly wage rate at bumping employee to become familiar with the level of service corresponding to that of the laid off employee job processes and requirements. It is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or not a lower or identical-paying classification, as defined in this article, a laid-off training period.
(a) An employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 qualifications and ability to perform the work before such opening is filled without training other than orientation. For clarity, in all matters of posting (permanent or temporary positions) the position(s) will be posted first. Applicants currently working, as well as those on a regular basis under a layoff, will be considered in accordance with the job posting procedure, Article 25. The posting procedure in A laid off employee shall retain the collective agreement shall not apply until rights of recall for a period of thirty (30) months from the recall process has been complete. date of layoff.
(b) In determining the ability of an employee to perform the work for the purposes of the paragraphs paragraph above, the Hospital Employer shall not act in an arbitrary or unfair manner. An .
(c) In the event that a layoff commenced on the day immediately following a paid holiday, an employee recalled to work in a different classification from otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six commenced.
(6d) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall available.
(e) It is the sole responsibility of the employee who has been laid off to notify the employee Employer of recall opportunity her 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 mailmail pursuant to the application of Article 12.08, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be have been received on the second day following the date of mailing)) and to return to work within seven (7) 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 or her proper address being on record with the HospitalEmployer. Employees recalled to temporary positions as a result of being the successful applicant are entitled to refuse such offer without losing their recall rights. Employees recalled to permanent positions as a result of being the successful applicant will be advised that the recall satisfies the requirements for recall in the Collective Agreement and that they will not be entitled to further recall.
(f) When a laid off employee bids for and is successful in obtaining a posted permanent position, she shall have no further recall rights.
(g) Employees on layoff are responsible for maintaining the necessary qualification for performing the work of the classification from which they are laid off. If the Employer lays off employees from a particular department, the employees will be considered qualified for purposes of recall in that department during their entire recall period, unless absolutely prohibited by law.
12.09 Persons on layoff shall be given preference deemed to have applied for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to all such temporary vacancy shall not be required to accept such jobs while they retain recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08rights." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. For the purposes of layoffs and recall to employment, seniority shall be defined as continuous service with the Employer since the date of last hire by the Employer. the event of layoff, 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 perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser bargaining bargaining-unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled subject to notice in accordance with Article the layoff procedure. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid laid-off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a laid-off employee shall will have the right to displace another an employee with lesser seniority less seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid-off employee is within of the laid-off employee's straight-’s straight time hourly raterate provided he can perform the duties without training other than orientation. An Such employee who is so displaced shall be laid off subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and aboveprocedure. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, 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 completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. : An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall available. It is the sole responsibility of the employee who has been laid off to notify the employee Hospital of recall opportunity his intention to return to work within five 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 Hospital (which notification shall be deemed to be have been received on the second day following the date of mailing)) and to return to work within ten 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 or her proper address being on record with the Hospital. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who 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 bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-part- time employees. In the event of that a layoff of commenced on the day immediately following a paid holiday, an employee, the Hospital employee otherwise qualified for holiday pay shall pay its share of insured benefits premiums for the duration not be thereto solely because of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF day on which the event of a laylayoff commenced. A laid-off employee shall retain the rights of an employee, recall for a period of twenty-four months from the Hospital shall pay its share date of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoffs.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee a. If, in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms sole discretion of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in Board, it is determined that a layoff is necessary for any reason, the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedures shall govern such layoff.
a.1.1 Affected employees shall be deemed to have been laid off and shall be entitled according to notice in accordance with Article An employee who chooses to exercise seniority within the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying job classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee laid off first.
b. Seniority shall be as defined in Chapter 3, Article 1.01.
c. The following classifications shall be used for the purpose of defining classification in the classification and where the straight-time hourly rate at the level event of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, layoff: ● Bus Drivers ● Mechanics ● Maintenance ● Secretaries ● Cooks ● Custodians ● Aides
d. The Board shall have the right to accept determine in which classifications the layoff or displace another employee in accordance with (a) shall occur and above. An employee shall have opportunity the number of recall from a layoff employees 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 completebe laid off. In determining the ability classification of an employee to perform the work for the purposes of the paragraphs abovelayoff, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of least seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties first. However, full time employees within a given classification shall not be laid off when part time employees are working.
e. A full time employee who is being assigned to one laid off in his/her current job classification may transfer his/her seniority into another job classification if that employee worked in that job classification for Fairfield Local Schools and is qualified (or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee maylicensed, if possible under the terms and conditions of the insurance benefits programs, continue required) to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month work in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so job classification at the time of the lay-layoff notification. He/she will be placed at the salary step commensurate with his/her experience in that classification.
f. At least seven (7) calendar days prior to the effective date of layoffs, the Board shall prepare and share via email a list containing the names, seniority dates and classifications of those employees who are to be laid off. A copy of this posting shall be provided to the FEA. Employees laid off shall be paid for all earned but unpaid overtime and vacation days (if the employee desires or so requests) no later than fourteen (14) calendar days following the layoff.
g. For the classification in which the layoff occurs, the Board shall prepare a reinstatement list and arranges the names of all employees who have been laid off shall be placed on a reinstatement list in the reverse order of layoff.
h. After complying with Chapter 3, Article 1.04, recalls which occur in the Hospital classification of layoff shall be offered to the appropriate payment hed I e.senior most employee in said classification by certified mail to the employee's last known address. Any employee who declines reinstatement or fails to respond within fourteen (14) calendar days of receipt of notice of recall shall be removed from the reinstatement list and shall be considered terminated. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to have declined reinstatement and to have terminated his/her employment fourteen (14) calendar days after postal delivery by certified mail was attempted.
i. The employee shall remain on the reinstatement list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previously accumulated seniority.
Appears in 1 contract
Samples: Master Contract
Layoff and Recall. An employee A layoff shall be defined as a reduction in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms work force reduction of the Hospitals regular hours of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, work as defined in this articleAgreement. Both parties recognize that job security shall increase in proportion to length of service. Therefore, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where event of a lay-off, employees shall be in the straightreverse order of their bargaining-time hourly rate at the level of service corresponding to that of the employee is within of the laidunit-off employee's straight-time hourly ratewide seniority. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time about laid off may bump an employee whose hours of work arewith less seniority, subject to Article reduced, shall have providing the employee exercising the right to accept the layoff or displace another employee in accordance with (a) and 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 qualified to perform the work before such opening is filled on a regular basis under a job posting procedureof the less senior employee. The posting procedure Employees shall be recalled in the collective agreement shall not apply until reverse order of their lay-off as detailed in provided that the recall process has been complete. In determining the ability of an employee to be recalled is qualified to perform the work for the purposes of the paragraphs above, the Hospital available. New or casual employees shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable qualifications necessary to perform the work available The Hospital shall notify the employee have been given of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing)recall. 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 Hospital. Employees on layoff shall Laid off employees will be given preference for temporary vacancies casual assignments. Unless legislation is more favourable to the employees, the Board shall notify employees, who are to be laid off thirty (30) calendar days prior to the effective date of lay-off. Employees not given the opportunity to work the days of notice, as provided this Article, shall be paid for the days for which work was not made available. Grievances concerning lay-offs and recalls shall be initiated at Step of the grievance procedure. The wage rates as set out in Appendix "A" attached hereto and forming part hereof shall remain in effect during the life of this Agreement. Employees who are expected temporarily transferred or assigned to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee a different job classification within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In paid while so employed as follows:
(a) If the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums transfers are for the duration convenience of the five-month notice period provided Board, and if the rate of pay in the classification to which they are transferred are less than the employees' regular rate of pay, they shall receive their regular rate of pay. the transfers are for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end convenience of the month employees or in which the lay-off occurs. The employee may, if possible under the terms and conditions lieu of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges if the rate of pay in the classification to which they are transferred is less than the regular rate of pay, they shall receive such lesser rate., If the transfers are to a higher-rated classification, then the employees will receive the higher rate of pay. Temporary vacancies, of a known duration (not less than six months), shall first be made available to interested qualified employees from within the workplace where the vacancy has occurred, before being filled other sources. In the event that more than one qualified from within the workplace makes application to the vacancy, the employee with the Hospital greater amount of seniority shall prevail. A consenting employee assigned to temporarily perform the appropriate payment hed I e.duties of a position outside the bargaining unit shall remain a member of the bargaining unit and be paid at the rate equivalent to the duties assigned.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.122; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within fifteen (15%) per cent of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An A. The employer reserves the right to lay off employees in situations involving financial emergency, reduction in student count or funding necessitating layoff, a lack of needed work, or other legitimate business necessity. Bargaining unit members shall be laid off in accordance with Seniority Classification seniority; that is, the employee in receipt with the least Seniority Classification seniority shall be laid off first. In the selection of notice of layoff pursuant to may: accept employees for layoff, the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser school district shall retain those bargaining unit members with the greatest seniority in the same or a lower or an identical-paying within that classification in provided the bargaining unit if member is qualified to perform the employee originally subject work.
B. Seniority Classification is defined as custodial, culinary, clerical, bus driver, and aide.
C. Whenever a bargaining unit member is to be laid off, the school district shall notify the bargaining unit member and the Association President by mailing notice within ten (10) working days of the Board meeting in which the Board took layoff action, except in case of emergency. No layoffs shall be effective for twenty (20) calendar days, following notification.
X. Xxxx‐off bargaining unit members shall be recalled in accordance with Seniority Classification seniority; that is, the bargaining unit member with the greatest seniority shall be recalled first, provided that person has the ability and is able to meet perform the normal requirements duties of the jobjob that is open.
E. When recalling laid‐off bargaining unit members, the school district will notify them by certified mail at the last known address. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise If such bargaining unit member does not notify the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed school district within seven (7) working days after receiving from the mailing date of such notice of layoff. For purposes of that he/she will report for work on the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same date specified, or give a lower or identical-paying classificationlegitimate reason, as defined in this articledetermined by the Superintendent, a laid-off employee for delay beyond such time, he/she will be considered as having quit and all seniority shall be terminated. Seniority bargaining unit members shall have the right recall rights up to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with two (a2) and above. An employee shall have opportunity of recall years 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. .
F. In the event of a layoff reduction in the work hours in a classification as referenced in A above, bargaining unit members with the greater seniority in that classification may use same to maintain his/her normal work schedule by displacing bargaining unit members with less seniority on the work schedule. In no case shall a reduction of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month any bargaining unit member’s work hours take effect until twenty (20) calendar days after written notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of affected bargaining unit member(s) is given by the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Employer.
Appears in 1 contract
Samples: Master Contract
Layoff and Recall. A. In the event a staff reduction is necessary, the Union will be notified as soon as the Board of Education definitely determines to reduce staff. Employees to be laid off will be given thirty (30) calendar days written notice. Copies of the written notice shall be sent to the union.
B. Normally reductions will be effected by reducing the work force and allowing the remaining employees a regular work week. However, the Board may reduce the hours of work in the department not to exceed four (4) weeks.
C. Should the Board determine the need for any layoffs of personnel, reductions will be by seniority within each job classification,. However, seniority need not be followed in the event following seniority would result in the remaining employees being unable to do the work.
D. Within each job classification, probationary personnel will be the first laid off; then part time personnel; those with the least seniority will next be laid off until the reductions have been completed, provided the remaining employees can do the work. A bargaining unit member who is displaced from his/her position shall have the option of bumping into a position held by someone of lesser seniority within the classification provided he/she is qualified or could become qualified within fifteen working days. At the end of the fifteen working days, if the bargaining unit member is not qualified, the bargaining unit member may claim a different position in accord with his or her seniority. A bargaining unit member shall not be allowed more than three of these trial periods in one school year.
E. An employee who has seniority in receipt of more than one (1) bargaining unit classification and who is given notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying from his/her classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice transfer back to his/her previous bargaining unit classification provided there is a vacancy in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying that classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined less senior employee can be "bumped".
F. Laid off Bargaining Unit Members shall be entitled to recall for a period of three (3) years to vacancies in this article, a laid-off employee shall bargaining unit positions on the basis of seniority within that classification provided they have the right to displace another employee with lesser seniority who is the least senior employee in the classification ability and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 are physically able 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 duties of the paragraphs above, job that is vacant.
G. Notice of recall will be sent by certified mail to the Hospital shall individual's last known address. If the individual does not act in an arbitrary or unfair manner. An employee recalled report to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working dayswork days of receipt of this notice, except in cases of emergency, he/she will be considered to be a voluntary resignation.
H. A seniority list, by job classification, will be maintained by the District and provided annually to the Union by October 1 and additionally upon their written request. An employee who has been recalled Any objections to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit seniority list shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration filed in writing and corrections where appropriate made within fifteen (15) days of the five-month notice period provided for in Article 9.08October distributions. Thereafter the list shall be final and conclusive." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.01 An employee who chooses to exercise receives a layoff notice shall have the right to displace another to:
(a) fill any vacancy or temporary vacancy for which the employee is or can become qualified within a reasonable period of training at the expense of the Employer. A temporary vacancy for the purposes of this Article shall be defined as vacancies caused by long-term illness, pregnancy and parental leaves, and vacancies created by bargaining unit employees temporarily leaving the bargaining unit; or
(b) bump any employee with lesser less seniority shall advise the Hospital of his in an equal or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying lower job classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of for which the laid off employee is within qualified; or
(c) opt for severance pay as outlined in Article 10.
(d) An employee electing to bump another employee, shall be deemed to be qualified if the employee held a similar position in the past on a permanent basis.
9.02 An employee whose job is changed or who is displaced to a position with a lower salary scale will be entitled to have the employee’s salary red circled until such time as the salary level of the laid off employee's straight time hourly wage rate. new position pierces the red circled rate or for a period of two (2) years, whichever arrives sooner.
9.03 In the event that there are no of layoff arising from redundancy, employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee seniority shall be the first to be laid off. Recall shall be in the classification and where the straight-time hourly rate at the level reverse order of service corresponding to that of layoff, provided the employee is within qualified to perform the available work.
9.04 Notice of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee be given in accordance with the following: one (a1) and above. An month’s notice or notice in accordance with the Employment Standards Act of Ontario, whichever is greater.
9.05 Any permanent 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within with six (6) months or more of being recalled. No new employees service who is laid off shall be hired until all those placed on the recall list for a period of twelve (12) months.
9.06 Notice of recall to an employee who has been laid off have been given an opportunity shall be made by a form of notice that requires acknowledgement of receipt to return the last address supplied to work the Employer by the employee. Such address shall be supplied in writing before layoff or by registered mail after such layoff. The employee’s response to such notice must reach the Employer within ten (10) days of the date of mailing. Otherwise, the employee shall lose any rights of seniority and have failed to do sorecall.
9.07 Employees on the recall list shall have, in accordance with seniority, the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee right of recall opportunity by registered mail, addressed to any vacancy for which they are qualified.
9.08 Employees who return to employment from the last address on record with the Hospital (which notification recall list shall be deemed entitled to be received on uninterrupted seniority, and shall receive salary at 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums appropriate increment standing for the duration level of the five-month notice period provided for in Article 9.08position which they accept." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser the least bargaining unit seniority in the same or a lower or an identical-equal paying classification in or displace an employee who has the least bargaining unit seniority in an identical classification in any department if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled subject to notice his or her rights under this section. In the event that there are no employees with lesser seniority in accordance with Article An lower or equal paying laid off employee who chooses to exercise will have the right to displace another employee anemployee with lesser seniority shall advise seniority, who is the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any least senior in a classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In rate provided he can perform the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff duties without training other than orientation period of no more than five working days; opt to receive a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to separation allowance as outlined Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity ; or opt to retire, if eligible under the terms of recall from a layoff to an available opening, the Hospital of Ontario Pension Plan as outlined in Article order of seniority, provided he or she has the ability to perform the work before such opening work. NOTE : vacant position is filled on a regular basis under a job position for which the posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completecompleted including temporary vacancies and no successful applicant has been appointed. Notwithstanding the above, employees on layoff will be permitted to apply for vacant positions. Employees shall be given the opportunity to be recalled to a position in the same classification from which they were laid off. Employees may also be recalled to a position within another classification, however, an employee shall not be required to accept such recall and may instead remain on lay off. In determining the ability of an employee to perform the work for the purposes of the paragraphs Articles and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6( 6 ) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accordance with the loss of seniority provisionbelow, or have been found unable to perform the work available The Hospital shall available. It is the sole responsibility of the employee who has been laid off to notify the employee Hospital of recall opportunity 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 Hospital (which notification shall be deemed to be 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 or her proper address being on record with the Hospital. Employees Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of Article he lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff commenced on layoff shall be given preference the day immediately following a paid holiday, an employee otherwise qualified for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy holiday pay shall not be required to accept such recall and may instead remain disentitled thereto solely because of the day on layoffwhich the layoff commenced. No full-time employee within the bargaining unit shall be A laid off by reason employee shall the rights of duties being assigned to one or more part-time employeesrecall for a period of (24) months the date of layoff Any agreement reached between the Hospital and the the method of implementing layoffs will take precedence over other terms of layoff in the Agreement. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the fivea full-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an time employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following from the end of the month in which the lay-off occursoccurs or until the laid off employee is employed elsewhere, which ever occurs first Technological Change means the automation of equipment, or the mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery which results in the displacement of an employee from job. Such payment can Where the Hospital has decided to introduce a technological change which will significantly alter the status of an employee within the bargaining unit, the Hospital undertakes to meet with the Union to consider the minimizing of adverse effects (if any) upon the employees concerned. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be made through given a period of training, with due consideration being given to the payroll office employee's age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the cost of tuition and travel. There shall be no in wage or salary rates during the training period of any such employee. Training shall be given during the hours of work wherever possible and may extend for up to six (6) months. Employees with one (1) or more years of continuous service who are subject to layoff under conditions referred to above, will be given notice of the Hospital provided that the employee informs the Hospital of his or her intent to do so impending change in employment status at the earliest reasonable time in keeping with the notification to the union as set out above and the requirements of the lay-off, and arranges with the Hospital the appropriate payment hed I e.applicable legislation.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee
18:01 The Parties recognize that job security increases in receipt of notice of layoff pursuant proportion to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level length of service corresponding to that of with the laid off employee is within of the laid off employee's straight time hourly wage rateEmployer. In the event of a reduction in work or in the workforce, the Employer agrees that there employees shall be laid off in the reverse order of their seniority insofar as it is practicable to do so, providing other qualifications are no employees relatively equal. When an employee is laid off, he/she shall have the option of displacing another employee with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The displaced person shall have the right to displace option of displacing another employee with lesser seniority who in the same or lower job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least senior employee in the same classification and where or the straight-time hourly rate at least senior employee in a lower classification providing he/she is qualified to perform the level of service corresponding to that normal requirements of the job satisfactorily and has more seniority than the employee is within to be displaced. For clarity, the normal requirements of the laid-off employee's straight-time hourly rate. An job include the percent FTE of the job, so an employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time displacing another employee whose hours of work are, subject to Article reduced, shall have the right must be willing and able to accept the percent FTE of the position/employee being displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten (10) days of notification of layoff or by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten (10) days of notification of displacement. No further displacement will take place as a result of the initial layoff and any resulting displacements. It is understood that when an employee exercises the option to displace another an employee in accordance with (a) and 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 performing a job posting procedure. The posting procedure in at a lower classification, he/she shall be paid at 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 rate of the paragraphs above, the Hospital lower classification. Employees shall not act in an arbitrary or unfair manner. An employee be recalled to work in a different classification from which he or she was laid off shall have the privilege order of returning to the position held prior to the layoff should it become vacant within six (6) months their seniority. Cancellation of being recalled. No new employees Recall Rights
18:02 Recall rights shall be hired until all those laid off have been given terminated on the cancellation of an opportunity employee’s seniority. Notification of Change of Address
18:03 It shall be the duty of the employee to return to work and have failed notify the Employer promptly of any change of address. If an employee should fail to do so, in accordance with the loss Employer will not be responsible for failure of seniority provision, or have been found unable official notices to perform reach the work available employee. Temporary Layoff Notice
18:04 The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed employees who are 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed laid off ten (10) working daysdays before the layoff is effective. An If the 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 bargaining unit shall be laid off by reason has not had the opportunity to work ten (10) full days after notice of duties being assigned to one or more part-time employees. In the event of a layoff of an employeelayoff, the Hospital employee shall pay its share be paid in lieu of insured benefits premiums that part of ten (10) days during which work was not available. Indefinite Layoff Notice
18:05 The Employer shall notify employees who are to be permanently laid off in accordance with the following schedule: Up to four (4) years of service 4 weeks More than four (4) years of service 1 week for each year of service to a maximum of 26 weeks If an employee to be laid off has not had the duration opportunity to work the number of days as outlined in the schedule, the employee shall be paid in lieu of that part of the five-month notice period provided required in the schedule for in Article 9.08which work was not available." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An (a) In the event of layoff, the Hospital shall designate the positions to be redundant. Employees shall then have bumping rights on the basis of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work, on a part- time or full-time basis as required by the Hospital. Full and part-time layoff and recall rights shall be separate except as amended in 14:05 (b).
(b) A full-time employee in receipt of notice of who is subject to layoff pursuant shall have the right to may: either:
(i) accept the layoff; or opt to receive or
(ii) displace a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another full-time employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article off. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid laid-off employee is within 1% of the laid laid-off employee's straight time hourly wage rate. In the event that there are no full-time employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a the laid-off employee shall will have the right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid-off employee is within 7% of the laid-off employee's straightstraight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off. In the event that there are no full-time hourly rate. An employees with lesser seniority in lower or identical paying classifications as defined in this article, the laid-off employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall will have the right to accept displace a regular part-time employee who has lesser bargaining unit seniority and who is the layoff or displace another least senior employee in accordance with 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 laid off.
(iii) The decision of the employee to choose (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6b) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff above shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up writing to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.designated hospital representative within ten
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. A. The Employer may determine in its discretion when and how it must reduce the hours worked by employees in the work force. The Employer may decide to eliminate positions or reduce the hours of any positions in its discretion.
B. When the Employer determines it is necessary to reduce the size of the work force by elimination of positions in a seniority classification, employees in the seniority classification shall be reduced in order of least seniority within the seniority classification being reduced, provided there are more senior employees within the seniority classification remaining who possess the skills and qualifications to perform the positions vacated by the least senior employees in the classification.
C. An employee reduced from a position in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive his/her present seniority classification shall be retained in a separation allowance as outlined position in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in which he/she has previously accumulated seniority, provided there is a less senior employee in that classification and the bargaining unit if more senior employee possesses the employee originally subject skills and qualifications to layoff has perform the ability to meet the normal requirements of the job. An employee so displaced position.
D. Employees shall be deemed provided five (5) work days notice prior to the effective date of layoff.
E. When positions become available in a seniority classification, employees who have been laid off and from that seniority classification shall be entitled recalled in order of greatest seniority within the seniority classification from which they were laid off, provided the employee possesses the skills and qualifications to notice perform the position. Recall rights to a position shall terminate two years from the date of layoff from the seniority classification.
F. When the Employer determines it is necessary to reduce the number of hours of any bargaining unit positions, an employee, in accordance with Article an effort to maintain the current number of hours worked, upon application, shall be placed in a position in his/her present seniority classification which would maintain his/her hours of employment and which is held by a less senior employee, provided the reduced employee possesses the skills and qualifications to perform the position and the displaced employee can be retained in the classification in another position for which he/she possesses the skills and qualifications. An employee who chooses seeking to exercise preserve his/her previous hours will be provided a fifteen (15) work day trail period within which to demonstrate his/her ability to perform the right work. Any employee in a trial period may request in writing to displace another employee with lesser seniority his/her immediate supervisor to be removed from the new position. Upon such request, the Employer shall advise return the Hospital of his or bargaining unit member to his/her intention to prior position and wages.
G. Employees do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall not have the right to displace another employee with lesser seniority who is the least less senior employee employees in the classification and where the straight-time hourly higher pay rate at the level of service corresponding positions pursuant to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff or reduction of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08hours." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive 15.1 When there is a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or a lower or an identical-paying classification in working force the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedure shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with used:
(a) All employees in the TPT classification shall be laid off first;
(b) All probationary employees, except in the skilled trades, will be laid off next. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and abovewilling to do the work of the employees to be laid off who will be given a training period of minimum five (5) working days. An employee Material Handlers 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No fulldays of classification training.
(c) Exceptions in the application of the above-time employee within the bargaining unit mentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company.
(a) Where there is an increase in the working force after layoff, the reverse of the above layoff procedure shall be followed, including the training period of minimum five (5) working days.
(b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by reason of duties being assigned the Shop Committee, or when a classification is working to one or more part-time employees. In the event of full capacity on a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following shift basis.
15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the end Chairperson of the month in which Shop Committee and will be posted on the lay-off occursplant bulletin board at least five (5) days prior to the layoff becoming effective, if possible.
15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. Such payment can For the purpose of this article, layoff is defined as a person who is scheduled to be made through the payroll office out of the Hospital provided that workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, except for Relief Operator, but who have the seniority to remain in the plant, will:
1. To displace a lower seniority employee in their classification, regardless of shift.
2. If there is no lower seniority employee in the classification, they will be assigned to the Operator classification, seniority permitting. Employees, who have been identified for layoff or recall who do not have the seniority to be assigned to the Operator Classification, will be allowed to bump the employee informs with the Hospital least seniority whose work they are able to perform with minimum five (5) days of his training. Once an employee has opted to displace another employee outside the Operator Classification, they will assume that position until recalled back to their classification, or her intent they post to do so at a new classification. The parties agree that in the time case of a layoff, employees of the lay-Mold Setter, Mold Processor, Shipper/Receiver, Tooling and Maintenance groups shall be able to enter into the Machine Operator Classification, if there is an opening, in lieu of being laid off, . The employee will receive minimum five (5) days of training and arranges will enter the classification with the Hospital the appropriate payment hed I e.date of entry seniority.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive 15.1 When there is a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or a lower or an identical-paying classification in working force the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedure shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with used:
(a) All probationary employees throughout the plant shall be laid off first. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and abovewilling to do the work of the employees to be laid off who will be given a training period of five (5) working days. An employee Material Handlers 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No fulldays of classification training.
(b) Exceptions in the application of the above-time employee within the bargaining unit mentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company.
(a) Where there is an increase in the working force after layoff, the reverse of the above layoff procedure shall be followed, including the training period of five (5) working days.
(b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by reason of duties being assigned the Shop Committee, or when a classification is working to one or more part-time employees. In the event of full capacity on a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following shift basis.
15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the end Chairperson of the month in which Shop Committee and will be posted on the lay-off occursplant bulletin board at least five (5) days prior to the layoff becoming effective, if possible.
15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. Such payment can For the purpose of this article, layoff is defined as a person who is scheduled to be made through the payroll office out of the Hospital provided that workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, except for Relief Operator, but who have the seniority to remain in the plant, will:
1. To displace a lower seniority employee in their classification, regardless of shift.
2. If there is no lower seniority employee in the classification, they will be assigned to the Operator classification, seniority permitting. Employees, who have been identified for layoff or recall who do not have the seniority to be assigned to the Operator Classification, will be allowed to bump the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital least seniority whose work they are able to perform with five (5) days of training. Once an employee has opted to displace another employee outside the appropriate payment hed I e.Operator Classification, they will assume that position until recalled back to their classification, or they post to a new classification.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. A. All bargaining unit members shall be considered as probationary until they have successfully completed the sixty (60) calendar day probationary period. Seniority for all bargaining unit members shall be defined as length of service within the district as of each bargaining unit member's first working day. However, seniority shall not be vested until the end of the probationary period even though seniority shall be the primary factor for all layoffs, probationary and permanent alike.
B. After serving the probationary period, the employee shall not serve another probationary period when moving to a new position on a voluntary basis. In such a move there will be a trial period. This trial period shall not be longer than 45 working days. At any time between the 30th working day and the 45th working day, either the supervisor or the bargaining unit member may choose to return the bargaining unit member to the previous position. By mutual agreement the employee and the supervisor may elect to adjust the time periods above.
C. Seniority shall be by classification groups. An employee in receipt a higher classification shall accrue seniority in all lower classifications for which the employee is qualified. When an employee is promoted to a higher job category, she takes with her all seniority earned in all lower categories, but is prohibited from exercising it in the higher category for a period of notice one year.
D. If two or more employees are hired on the same day, the employee's last four (4) digits of layoff pursuant their social security number shall be totaled to may: accept determine the layoff; or opt highest sum. The employee with the highest sum shall have the higher seniority ranking. If there is still a tie, it will be broken through a lottery. Placement due to receive the tie breaker shall not be changed.
E. The employer shall furnish a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms copy of the Hospitals of Ontario Pension Plan as outlined seniority list to the union and said list shall be posted in Article or displace another employee who has lesser each bargaining unit workplace. Said seniority in list shall show the same or a lower or an identical-paying classification in the seniority of each bargaining unit if member, and shall be posted once by December 1. It shall be the employee originally subject responsibility of each bargaining unit member to layoff has promptly check the ability to meet seniority list for accuracy. If a bargaining unit member or the normal requirements union does not believe that the seniority, and/or classification is correctly shown on the list, the Personnel Director shall be notified, in writing, of the joballeged error within ten (10) working days of the list's final day of posting. An employee so displaced If no challenges are raised during the above period, the seniority list shall be deemed to have been laid off and be accurate. After this period, the seniority list shall be entitled frozen until reposted the next December 1. The employer shall incur no liability for relying on the seniority list once the challenge period has ended.
F. During a reduction in the work force, the employee(s) occupying the position(s) to notice be eliminated will be laid off.
1. The employee whose position is being eliminated or reduced may bump laterally the person with the lowest seniority in accordance with Article An that classification.
2. If the displaced employee who chooses cannot bump laterally (as provided in 1 above) the employee may go to the next lower class and bump the lowest in seniority or succeeding lower classes if necessary.
3. Such employees displaced by this process shall be able to exercise the right same rights as described above. Any employee being moved down to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, classification due to a laid-lay off employee shall have will retain the right to displace another return to that higher classification for a period of one year.
4. An employee with lesser exercising her seniority who is rights over a less senior employee may elect to bump either the least senior employee in her own work year category; i.e., 10- month, 11-month, or 12-month, or she may elect to bump the least senior employee in the classification other work year category. Part time status will be equal to full time status for purpose of lay off and where recall process.
5. In the straight-event the bargaining unit member has insufficient seniority to retain a position, the bargaining unit member will be laid off from employment with the school district.
6. Bargaining unit members scheduled for layoff for an indefinite period of time hourly rate at shall be given fourteen (14) calendar days’ written notice before said layoff shall be effectuated. Said notice shall be by certified mail, return receipt requested. It shall be the level of service corresponding to that responsibility of the employee is within bargaining unit member to leave the correct address and/or forwarding address with the Personnel Office.
G. Recall shall be in inverse order of layoff provided the laid-off employee's straight-time hourly ratebargaining unit member recalled has the necessary seniority. An employee who is subject to layoff other than a layoff Notice of a permanent or long-term nature including a full time employee whose hours of work arerecall shall be by certified mail, subject to Article reduced, return receipt requested. The bargaining unit member shall have fourteen (14) days to report for work after the right receipt of such notice.
H. Seniority shall continue to accept the accrue during layoff or displace another employee in accordance with (a) and 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 but 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within increase by more than six (6) months while on actual layoff, and in no instance shall seniority accrued during layoff exceed seniority accrued prior to layoff. Bargaining unit members shall accrue seniority during leaves specified as seniority accruing leaves in Article IX, Section 9 of being recalled. No new employees the Agreement.
I. Seniority 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums broken for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.reasons:
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee in receipt of notice Technical/Support Unit: Whenever a bargaining unit member is laid off, the order of layoff pursuant to may: accept within the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under classification shall be determined by the terms total length of the Hospitals of Ontario Pension Plan as outlined in Article or displace another paid service. The employee who has lesser bargaining unit seniority in been employed the same or shortest time shall be laid off first. For a lower or an identical-paying classification in period of two (2) years after the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements effective date of the job. An employee so displaced layoff, recall shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice reverse order of layoff. For purposes An employee's bumping rights will be determined when a layoff is planned. Managerial/Supervisory and Professional/Administrative Unit: Whenever a bargaining unit member is laid off, the order of layoff within the operation of clause an identical-paying affected classification shall include be determined by the total length of paid service within the affected classification. The employee who has been employed the shortest time within the affected classification shall be laid off first. An employee’s bumping rights will be determined when a layoff is planned. Whenever it becomes necessary to reduce the number of employees in any classification where classification, the straight-time hourly wage rate order of layoff shall be as follows:
a. The order of layoff will be determined by the length of continuous service in the affected classification.
b. Whenever two (2) or more employees have identical service in the affected classification, the order of layoff will be determined by the length of continuous service at the level Water Authority.
c. Whenever two (2) or more employees have identical service in the affected classification and total service at the Water Authority, the order of service corresponding layoff shall be determined by the General Manager on the basis of performance.
d. Employees to that of the be laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall particular classification have the right to displace another demote to a lower classification to a position previously held within the Water Authority for which the employee with lesser meets the minimum qualifications, is capable of performing the essential functions of the position and has Water Authority seniority who is the least senior employee over other employees in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly ratelower classification. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the This right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from demote to 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 lower classification shall not apply until the recall process has to Water Authority employees who have been complete. In determining the ability of an employee promoted to perform the work for the purposes classifications outside of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was bargaining units.
e. The name of each laid off employee shall have the privilege be placed on a re-employment list for a period of returning to the position held prior to the layoff should it become vacant within six twenty-four (624) months of being recalled. No new employees shall and the employee be hired until all those laid off have been given an the first 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to position from which the employee is was laid off in the reverse order of layoff. In addition, employees on the re-employment list shall be notified of vacancies at the Water Authority and allowed to apply for such vacancies during the five (5) working day internal posting period set forth under Section 12.8 of this Agreement. Employees may maintain current telephone contact information with Human Resources. The Human Resources Office will attempt to call eligible employees on the first day of posting. The Water Authority may abolish any position or employment, and the employee may be laid off without taking disciplinary action and without the right of appeal. The Water Authority agrees to notify and meet with the Union sixty (60) calendar days prior to any layoff for the purpose of conferring over the impact and implementation of said layoff and to discuss alternatives and options. However, the General Manager shall retain the final decision with respect to the classification and numbers to be recalled and the date and time at which the employee shall report for worklaid off. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff Persons to be laid off shall be given preference for temporary vacancies which are expected to exceed ten at least sixty (1060) 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 bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08calendar days prior notice." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Memorandum of Understanding
Layoff and Recall. An employee Section 1: Where the Employer determines that it is necessary to lay-off or eliminate positions in receipt a job classification, location or cost center, shift or category of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retireemployment (e.g. full-time, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straightpart-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (afewer regular hours) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Union and the date and time affected Employees in writing at which least three (3) weeks before the employee shall report for work. The employee is solely responsible for his or her proper address being on record reduction in force.
Section 2: When possible, Crozer agrees to meet with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In CCPA/PASNAP in the event of a layoff of an employee, proposed layoff/displacement to discuss the Hospital shall pay its share of insured benefits premiums reasons for the duration of action and any possible alternatives. This shall not require bargaining over the fivelay-month notice period provided for in Article 9.08off." O BENEFITS ON LAYOFF
Section 3: In the event of a lay-off within a classification, Employees shall be laid off in the following order:
1. Employees who volunteer for layoff
2. Probationary Employees
3. Temporary Employees
4. Bargaining unit employees in the inverse order of an employeeclassification seniority. For purposes of order of lay-off within a job classification, the Hospital job classifications shall pay its share of insured benefits premiums up be limited to the end paramedics and EMTs. The four members of the month CCPA Executive Board, namely President, Vice-President, Secretary-Treasurer and Chief Shop Xxxxxxx, shall have super-seniority in which their job classification for lay-off and recall purposes.
Section 4: The Employer shall determine the number of positions remaining in each classification, cost center or location, shift and category of employment following the lay-off. Employees who remain shall fill the remaining positions, as scheduled so the staffing patterns and operational needs are met. Thus, for example, the Employer may decide to maintain a certain number of regular part-time positions notwithstanding the fact that part-time Employees are laid off occursbefore full-time Employees.
Section 5: In the event a regular Employee is laid off, he/she may accept a vacant position in his/her classification and category of employment. The employee mayEmployees and the Union Executive Board will be informed of vacancies. Where there are an insufficient number of positions available within the classification and category of employment the remaining positions shall go to those with the greatest classification seniority. If there are remaining positions within the classification at a lower category of employment (e.g. part-time or fewer regular hours), if possible under displaced Employees may opt for placement in that position by order of seniority, but they must accept the terms hours and conditions schedule available. Employees not interested in accepting the part-time position may opt to take the lay-off. Laid off Employees will have priority over PRN staff for open shifts, but they remain non-unit positions and displaced Employees accepting PRN work will be paid the PRN rate. For the purposes of layoff and recall, the Emergency Room will be considered a separate unit from the 911 unit. Should a layoff occur in one of the insurance units, laid off employees may accept a vacant position in the other unit should they hold the required qualifications and should such positions exist.
Section 6: Effective with the first full pay period after the layoff, displaced Employees will be paid in a lump sum any accrued vacation time and personal holiday time. Sick time will not be payable upon lay off.
Section 7: Recall. Whenever a vacancy occurs in a job classification, Employees who are on lay-off in that classification shall be recalled in the reverse order of lay-off. If a position arises in a lower category of employment (e.g. part-time) the Employee eligible for recall to that position may opt to accept that position and those hours or remain on lay-off until a position arises in their category of employment. Displaced Employees shall hold a priority bid back to their original position for 18 months. Any bargaining unit member who accepts a recall position with a reduced number of hours shall retain rights to the first comparable benefits programs, continue to pay the full premium cost of a benefit or benefits for position made available up to 18 months after recall. All recall rights shall extinguish after eighteen (18) months of layoff.
Section 8: Severance. Bargaining unit Employees with three (3) months following the end or more continuous years of the month in which the Crozer EMS service who are displaced due to lay-off occursshall receive a salary and paid benefit continuation severance package. Such payment can Severance pay will be made through paid out on a bi-weekly basis until exhausted, unless the payroll office Employee is recalled to service during the severance period in which case severance pay shall terminate upon the date of recall. Eligible bargaining unit Employees shall receive one (1) week of severance pay for each three (3) years of uninterrupted service with CROZER EMS up to a maximum of twelve (12) weeks. Employees signing a Separation of Employment, General Release and Waiver of Reinstatement shall receive one (1) week of severance pay for each year of uninterrupted service with CROZER EMS up to a maximum of thirteen (13) weeks. The severance period is defined as the period of time in which severance is paid. Medical, Dental, Prescription, Life and Other Group Insurance (except LTD) will be continued for current plan participants who are eligible for severance for the duration of the Hospital provided that severance period (excluding the employee informs the Hospital of his or her intent period in which terminal vacation and holiday time is paid) if they continue to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.pay their normal Employee contribution.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event the Board determines that there are no employees with lesser it is necessary to reduce the number of teachers the following procedure shall be followed.
A. In the event the Board institutes a necessary reduction in teaching personnel the Board will give due consideration for maintaining North Central and/or State authorized accreditation.
B. Teachers not holding the necessary certification as determined by the Michigan Department of Education will be terminated first.
C. Probationary teachers will be laid off first where any tenured teacher who has acquired any seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who and whose position has been curtailed is the least senior employee in the classification certified and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 qualified to perform the work before such opening is filled service of the probationary teacher.
D. In the event non-probationary/tenured teachers must be laid off, layoff shall be on a regular the basis under a job posting procedureof low seniority and certification and qualifications. 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 For the purposes of this Article seniority shall be the paragraphs abovelength of continuous professional service with the Manchester Community Schools. Furthermore, it is understood that any non- probationary/tenured teacher who is granted status shall have seniority from the Hospital last day of hire.
E. Leaves of absence granted pursuant to this contract shall not act constitute an interruption in an arbitrary or unfair mannercontinuous service. An employee recalled Credit given for outside teaching experience in school Districts shall not be considered for the purpose of accumulating seniority, but shall serve to work in a different classification from which he or she was laid off shall have reduce the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, probationary period in accordance with the loss provisions of seniority provisionthe Tenure Act.
F. If the Board determines a reduction of staff is necessary, or have been found unable the Board will apprise the WCEA (Manchester) of the problem and the teacher(s) to perform be released will be notified in writing no later than May 15th.
G. The Board may layoff teachers during a contract year for the work available The Hospital shall notify the employee following reasons: (1) lack of recall opportunity by registered mail, addressed to the last address on record with the Hospital financial resources; (which notification 2) lack of adequate school facilities; and (3) reduction in enrollment. Teachers who are laid off during a contract year shall be deemed to be received considered as completing the contract year for the purpose of placement on the second day following salary scale if employed for more than one-half of the date of mailing). The notification school year, otherwise such teacher 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoffthe same step. No full-time employee within Provided, however, it is understood that the bargaining unit shall Board’s obligation to pay salary and fringe benefits pursuant to an individual teacher contract or this Agreement will cease if a teacher is laid off or terminated under this Article. Teachers to be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital under this section shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for be notified in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up writing no less than thirty (30) calendar days prior to the end effective date of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee 19.01 A layoff shall be defined as a reduction in receipt the work force or a reduction in the hours of notice work per week which is expected to last for more than two weeks. Transfer of staff from one work site to another, due to a change in staffing requirements, shall not be deemed a layoff. This article shall not apply to layoffs which result from the Christmas Break, Winter Break and Summer Break periods which pertain to Members engaged to work on a school-year basis.
19.02 The Board agrees that in the event of a layoff, Members of a job classification will be laid off in reverse order of seniority in the Bargaining Unit, and shall continue to accumulate seniority for up to eighteen (18) months while on layoff. Ties in seniority will be broken as follows:
a) the total hours worked in temporary or replacement positions with the Board, or one of its predecessor Boards, within the twelve (12) months previous to the date of permanent hire; and then
b) by lot drawn by the Director or designate in the presence of a Bargaining Unit representative.
19.03 Such Member shall have the choice of accepting the layoff pursuant to may: accept the layoff; or opt to receive bumping a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit Member with less seniority in the same wage rate level or in a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed wage rate level within seven (7) days after of receiving the notice of layoff. For purposes , provided that Member concerned has the suitable skills, abilities, qualifications and past work records to perform the job.
19.04 Such Member will receive the wage rate of the operation of clause an identical-paying classification shall include any classification where new position, closest to but not lower than the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly Member’s current wage rate. In The Member will then move through the event new grid according to the experience obtained in that there are no employees with lesser seniority in new position, starting from the same or a Member’s initial position on the new grid.
19.05 Notwithstanding 19.04, if the highest wage rate for the new classification level is lower or identical-paying classificationthan the Member’s current wage rate, as defined in this articleafter six (6) months, a laid-off employee the Member shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate be paid at the level of service corresponding to that of highest wage rate within the employee is within of new classification. For the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within first six (6) months of being recalled. No new employees following transfer, a Member shall not receive a reduction in hourly wage rate.
19.06 Members who have changed positions under this article shall have the opportunity for reinstatement to their former position, if such becomes available, through the voluntary transfer process under Article 12.
19.07 The Member reinstated through 19.06 shall be hired until all those laid off reinstated at the wage rate that would have been given an opportunity to return to work and have failed to do so, in accordance with the loss attained had there been no change of seniority provision, or have been found unable to perform the work available The Hospital position.
19.08 Permanent Members shall notify the employee be notified of recall opportunity by registered mail, addressed layoff at least two (2) weeks prior to the last address on record with the Hospital (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 effective date, unless legislation 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up favourable to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.employees.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An SECTION 1. The Depaiiment of Wildlife, Parks and Tourism, with the approval ofthe Secretary of Administration, may layoff employees in the classified service when the employer deems it necessary by reason of sh01iage of funds or work, the return of an employee on authorized leave, the abolition of a position or other material changes in duties or organization. The employer may designate a geographic area, an organizational unit and/or job classes within which employees are to be subject to layoff. The employer also may limit the layoff to full-time employees or to employees employed on less than a full-time basis. The employer may also permit an employee to bump into any class in which the employee previously had permanent status. When a layoff is limited to full-time employees or less than full-time employees, any employee with permanent status may exercise bumping rights into a position filled by any employee with probationary status only within the group of employees having the same full-time or less than full time status. Othe1wise, any employee with pe1manent status may exercise bumping rights into positions filled by probationary employees anywhere within the agency, provided the permanent employees meet the required selection criteria for the classes.
SECTION 2. Layoff scores shall be computed by the employer for each employee in receipt the agency in the class or classes of notice positions identified for layoff and for employees in classes of layoff pursuant positions that may be affected by the exercise of bumping rights. Layoffscores shall be computed according to maythe formula: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retireAx L, if eligible under the terms where: A = average performance review rating of the Hospitals employee, as described below; and L = the length of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classificationservice, as defined in A1iicle 10 of this articleagreement, a laid-off employee shall have expressed in months.
2.1 Except as otherwise authorized by this subsection, the right to displace another employee with lesser seniority who is the least senior employee performance evaluation ratings used in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept computing the layoff or displace another employee in accordance with (a) and 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 score of an employee to perform shall be the work average of the most recent ratings for the purposes employee during the last five years, up to and including five ratings, if the employee has as many as five ratings. However, a rating resulting from a special performance review that is given for a rating period ending within 90 calendar days of any notice of the paragraphs abovelayoff to the director shall not be counted. Performance reviews completed for rating periods ending on or after the date the appointing authority notifies the director in writing that a layoff is to occur shall not be considered in computing layoff scores; however, the Hospital appointing authority may designate a uniform earlier cutoffdate to identify which performance evaluation ratings shall not act be used in an arbitrary or unfair manner. An employee recalled computing layoff scores.
2.2 Point values shall be assigned to work in a different classification from which he or she was laid off performance reviews as follows: Arating of exceptional shall have a value of five; a rating of satisfactory, a value of three; and a rating of unsatisfactory, a value of zero.
2.3 In case of identical layoff scores, and if some, but not all, of the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance persons with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed same score need 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 Hospital. Employees on layoff laid off, preference among such persons shall be given to any veteran, any surviving spouse of a veteran, and any orphan of a veteran, in that order. If finiher ties remain, preference for temporary vacancies which are expected in retention shall be given to exceed ten (10) working daysthe person with the greatest length of service. An employee who has been recalled If a tie still exists, the next preference shall be given to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee the person with the greatest length of service within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Department of
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. A. In the event of a layoff decrease in the need for services of personnel due to lack of funds or lack of work or the return of an employeeemployee from a leave of absence, the Hospital length of service to the district shall pay its share prevail for purposes of insured benefits premiums layoffs or subsequent recall in reverse order. Seniority shall be defined as:
a. District seniority shall be defined as the length of continuous employment by an employee with the Board as computed from the employee’s most recent date of hire.
b. Job classification seniority shall be defined as the length of employment by an employee in a particular job classification.
c. Ties in seniority shall be determined by using the employee’s last four digits of their social security number, highest number equals highest seniority.
B. The following job classifications shall be used for the duration purpose of the five-month notice period provided for defining job classification seniority in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-layoff: Aides Cook Administrative Assistant Custodians Bus Driver/Van Driver Head Mechanic Computer Coordinator Xxxxxxxx’s Helper
C. The number of people affected by a layoff will be kept to a minimum by not employing replacements insofar as practical of employees who resign, retire, or otherwise vacate a position.
D. The Board of Education shall determine in which classification the layoff should occur and the number of employees to be laid off. In the classifications of layoff, employees on probation and limited contracts shall be laid off of an employee, the Hospital before any employee in that classification employed under a continuing contract is laid off.
E. Each employee to be laid off shall pay its share of insured benefits premiums up to the end be given at least ten (10) work days advance written notice of the month in which layoff. Each notice of layoff shall state the lay-following:
a. Reasons for layoff
b. Effective date of layoff
c. A statement advising the employee of their bumping and recall rights from the layoff.
d. Brief list of jobs available for bumping.
F. Whenever it becomes necessary to lay off occursemployees by reasons stated above, affected employees shall be laid off according to seniority within their job classification, with the least senior employee laid off first. The employee mayshall, if possible under prior to being laid off, have the terms option to bump an employee with less seniority and conditions with equal or lesser hours in his/her job classification. Bargaining unit members must hold all necessary qualifications according to the job description prior to bumping into the position.
X. If said employee has exhausted all bumping rights within their current classification and/or is displaced from their current classification said employee may displace a less senior employee within any classification in which he/she was previously employed with the understanding that the employee holds the necessary qualifications according to the job description prior to bumping into the position. The displacing employee’s seniority in the classification must exceed the seniority in the classification of the insurance benefits programs, continue to pay employee displaced and the full premium cost of a benefit position is equal or benefits for up to lesser hours. The employee shall have three (3) months following working days from the end of date on which the month notice is sent in which to notify the lay-off occursSuperintendent whether he or she will bump into a particular job. Such payment can Resulting bumps shall be made through handled in the payroll office of the Hospital provided that the same manner. All bumping shall be done on paper before any employee informs the Hospital of his or is moved into his/her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.new position.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee 18:01 The Parties recognize that job security increases in receipt of notice of layoff pursuant proportion to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level length of service corresponding to that of with the laid off employee is within of the laid off employee's straight time hourly wage rateEmployer. In the event of a reduction in work or in the workforce, the Employer agrees that there employees shall be laid off in the reverse order of their seniority insofar as it is practicable to do so, providing other qualifications are no employees relatively equal. When an employee is laid off, they shall have the option of displacing another employee with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off job classification providing they are qualified to perform the normal requirements of the job satisfactorily and have more seniority than the employee to be displaced. The displaced person shall have the right to displace option of displacing another employee with lesser seniority who is in the same or lower job classification providing they are qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least senior employee in the same classification and where or the straight-time hourly rate at least senior employee in a lower classification providing they are qualified to perform the level of service corresponding to that normal requirements of the job satisfactorily and has more seniority than the employee is within to be displaced. For clarity, the normal requirements of the laid-off employee's straight-time hourly rate. An job include the percent FTE of the job, so an employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time displacing another employee whose hours of work are, subject to Article reduced, shall have the right must be willing and able to accept the percent FTE of the position/employee being displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten (10) days of notification of layoff or by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten (10) days of notification of displacement. No further displacement will take place as a result of the initial layoff and any resulting displacements. It is understood that when an employee exercises the option to displace another an employee in accordance with (a) and 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 performing a job posting procedure. The posting procedure in at a lower classification, they shall be paid at 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 rate of the paragraphs above, the Hospital lower classification. Employees shall not act in an arbitrary or unfair manner. An employee be recalled to work in a different classification from which he or she was laid off shall have the privilege order of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees their seniority.
18:02 Recall rights shall be hired until all those laid off have been given terminated on the cancellation of an opportunity employee’s seniority.
18:03 It shall be the duty of the employee to return to work and have failed notify the Employer promptly of any change of address. If an employee should fail to do so, in accordance with the loss Employer will not be responsible for failure of seniority provision, or have been found unable official notices to perform reach the work available employee.
18:04 The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed employees who are 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed laid off ten (10) working daysdays before the layoff is effective. An If the 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 bargaining unit shall be laid off by reason has not had the opportunity to work ten (10) full days after notice of duties being assigned to one or more part-time employees. In the event of a layoff of an employeelayoff, the Hospital employee shall pay its share be paid in lieu of insured benefits premiums that part of ten (10) days during which work was not available.
18:05 The Employer shall notify employees who are to be permanently laid off in accordance with the following schedule: Up to four (4) years of service 4 weeks More than four (4) years of service 1 week for each year of service to a maximum of 26 weeks If an employee to be laid off has not had the duration opportunity to work the number of days as outlined in the schedule, the employee shall be paid in lieu of that part of the five-month notice period provided required in the schedule for in Article 9.08which work was not available." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee If the City determines that it is necessary to discontinue a job classification or reduce the number of employees in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retirejob classification, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority temporary employees working in the same or a lower or an identical-paying job classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoffremoved first. For purposes of the operation of clause an identical-paying classification shall include any classification where the straightThereafter, regular, part-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no permanent employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee probationary period in the classification and where the straightshall be removed first; thereafter, full-time hourly rate at employees in a probationary period in the level classification shall be removed. If further reduction is necessary, permanent employees in the job classification shall be laid off in reverse order of service corresponding their seniority. Employees laid off from a job classification in a division must first exercise their seniority either to another job classification with an equal or lower wage scale within their division or to another division within their job classification. If a position is not available that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 present ability to satisfactorily perform the work before such opening is filled on with a regular basis under a job posting procedure. The posting procedure break-in the collective agreement shall or training period of 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) regularly scheduled working days, or a reduction in pay of not more than twenty-five cents ($.25), then the employee must exercise his seniority to displace an employee in any other job classification with an equal or lower wage scale, provided that in the judgment of the City he will have the ability to satisfactorily perform all of the duties of the position with the benefit of a training period that will not exceed ten (10) regularly scheduled working days. An The employer agrees to notify an employee who has been recalled to such temporary vacancy shall and the Union president in writing if the employee does not be required to accept such recall and may instead remain on layoff. No full-time employee within satisfactorily perform the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occursnew position. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of shall then exercise his or her intent seniority to do so at displace an employee in any other job classification with an equal or lower wage scale, provided that in the time judgment of the lay-off, and arranges City the employee will have the ability to satisfactorily perform all of the duties of the position with the Hospital benefit of a training period that will not exceed (10) regularly scheduled working day. If, during a layoff an employee changes divisions or job classification, he shall displace the appropriate payment hed I e.employee with the least amount of seniority in the classification and division he will be occupying. Employees will be recalled on the basis of seniority, provided they have the present ability to perform the available work with a break-in or training period of not to exceed ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee A. Layoff means a reduction in receipt the working force due to a decrease of notice of layoff pursuant to may: accept work or limitation or reduction in operating funds or any other condition beyond the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms control of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in Board.
B. If it becomes necessary for a layoff, all part-time employees followed immediately by full-time probationary employees within the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall affected classifications will be deemed to have been laid off first. Seniority employees laid off from their positions will have bumping rights within their classification on the basis of their department seniority and shall will be entitled to notice in accordance with Article An employee who chooses to exercise bump the right to displace another employee with lesser the least department seniority shall advise the Hospital of his or her intention to do so and the position claimed currently in that classification. Lateral bumping must be requested, in writing, within seven ten (710) calendar days after receiving from the notice of layoff.
C. Any employee not possessing the necessary department seniority or desiring to bump laterally as outlined in (B.) above may opt to exercise their seniority by bumping the employee with the least department seniority, providing the position is equal in pay or in a lower classification than the employee currently holds and the employee meets the qualifications for the position. For purposes Classification ranking will be determined on the basis of wage rates on the operation of clause an identical-paying classification shall include any classification where Salary Schedule.
D. An employee not possessing the straight-time hourly wage necessary seniority to bump within a department can exercise seniority gained in a former department and bump the employee with the least seniority in a previously held or lower classification.
E. Any employee who assumes a new job assignment due to the layoff procedure will also assume the salary rate at the level of service corresponding for that position.
F. Employees to that of the be laid off employee is within will have at least fourteen (14) calendar days’ notice of the their intended layoff. The Chairperson and Chief Xxxxxxx shall receive a list of employees being laid off.
G. Employees laid off employee's straight time hourly wage rate. In through the event that there are no employees with lesser procedure as stated in this Article shall be maintained on a recall list for a period of two (2) years or length of seniority in the same District, whichever is shorter and shall be recalled in reverse order of their layoff.
H. The Employer may transfer within the departmental classifications on a District-wide basis where operating staff in one or a lower more buildings is reduced due to layoff.
I. Notice of recall shall be sent to the employee at his/her last known address by registered or identical-paying classificationcertified mail. If an employee fails to report for work within fourteen (14) calendar days from date of mailing of recall notice, he/she shall be considered as defined having quit.
J. Each employee is responsible for keeping the Employer advised, in this articlewriting, a laid-off employee of any change of address and will not be excused for failure to report for work on recall if he/she fails to receive recall notice because of his/her own failure to advise the Employer, in writing, of his/her change of address.
K. The Employer shall have the right no obligation to displace another employee with lesser seniority recall probationary employees who may be laid off.
L. It is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to clearly understood that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was any individual laid off shall have automatically terminate and suspend the privilege of returning Employer’s obligation to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall salary or fringe benefits under this collective bargaining agreement or any other agreement.
M. Should an employee 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No offered a full-time employee within position and refuse such appointment, he/she will lose his/her right to remain on the bargaining unit seniority recall list and shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08considered as having quit." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive 15.1 When there is a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or a lower or an identical-paying classification in working force the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedure shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with used:
(a) All employees in the TPT classification shall be laid off first;
(b) All probationary employees, except in the skilled trades, will be laid off next. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and abovewilling to do the work of the employees to be laid off who will be given a training period of minimum five (5) working days. An employee Material Handlers 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No fulldays of classification training.
(c) Exceptions in the application of the above-time employee within the bargaining unit mentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company.
(a) Where there is an increase in the working force after layoff, the reverse of the above layoff procedure shall be followed, including the training period of minimum five (5) working days.
(b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by reason of duties being assigned the Shop Committee, or when a classification is working to one or more part-time employees. In the event of full capacity on a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following shift basis.
15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the end Chairperson of the month in which Shop Committee and will be posted on the lay-off occursplant bulletin board at least five (5) days prior to the layoff becoming effective, if possible.
15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. Such payment can For the purpose of this article, layoff is defined as a person who is scheduled to be made through the payroll office out of the Hospital provided workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, except for Relief Operator, but who have the seniority to remain in the plant, will:
1. Will fill openings of laid off employees in their classification, regardless of shift.
2. If there is no laid off employee in the classification, they will be assigned to the Operator classification, seniority permitting. Once an employee has opted to fill the opening of a laid off employee outside the Operator Classification, they will assume that position until recalled back to their classification, or they post to a new classification. The parties agree that in the employee informs the Hospital case of his or her intent to do so at the time a layoff, employees of the lay-Mold Setter, Mold Processor, Shipper/Receiver, Tooling and Maintenance groups shall be able to enter into the Machine Operator Classification, if there is an opening, in lieu of being laid off, . The employee will receive minimum five (5) days of training and arranges will enter the classification with the Hospital the appropriate payment hed I e.date of entry seniority.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 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 to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven off. (7) days after receiving the notice of layoff. NOTE: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a.) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee 48.1 The Employer will attempt to avoid layoffs, so long as the Employer determines that current levels of employment in receipt the Bargaining Unit are consistent with available funding and effective and efficient operation of notice of the agency. Should a layoff pursuant become necessary, the Employer and the Union shall meet to may: accept discuss the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced Such meeting shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed occur within seven (7) business days after receiving the notice of notification of layoff. For purposes The Employer retains the right to determine the circumstances that necessitate a layoff, the classifications in which layoffs occur, and other conditions of the operation layoff. Any layoffs shall be by reverse order of clause an identicalemployees’ seniority in accordance with the provisions outlined below and the provisions of Article 14. Whenever it becomes necessary because of lack of work or lack of funds to reduce the work force, the Employer shall layoff in the following order:
1. Any temporary or seasonal part-paying time Employees within the classification shall include any be first to be laid off.
2. Any probationary Employees within the classification where the straightshall be next to be laid off.
3. Next to be laid off will be part-time hourly wage rate Employees, starting with Employees with the least seniority, within the classification affected.
4. Next to be laid off will be full-time Employees, starting with Employees with the least seniority, within the classification affected. An employee who is identified for layoff from his/her classification may displace a less senior employee in the same or lower classification pay grade within the same classification series. The employee displaced will be the least senior employee occupying a classification for which the displacing employee is qualified. An employee’s displacement rights shall be subject to the fulfillment of the qualifications for the position. Qualifications are determined by the Employer based upon reliable and applicable examinations designed to test ability to perform the regular duties of the position and review of the employee’s performance evaluations. After an employee has exercised displacement rights into the same or lower pay grade classification, he/she shall not be considered to have further displacement rights until he/she would be subject to layoff again. However, if the employee has displaced into a lower classification, and his/her former higher classification position becomes available, he/she shall be placed back into the higher classification. If more than one employee has displaced into a lower classification and desires to move back into their higher classification, seniority will determine which employee(s) move back into that classification until the desired number of positions are filled.
5. When affected Employees have the same seniority date, layoff shall be determined by the first letter(s) of the last name starting A-Z.
6. An Employee shall have the option of either accepting work in a lower classification or accepting the layoff at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rateEmployee’s discretion.
7. In the event that there an employee elects to accept a layoff and not exercise his/her displacement rights either by choice or by default, CMHA and/or its representative(s) will not challenge the Employee’s right to unemployment compensation, unless the Employee refuses a recall to a full-time bargaining unit position at CMHA.
48.2 The Employer will provide at least thirty (30) days written notice of a prospective layoff to the Union and to employees who are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off identified for layoff. The employee shall have five (5) working days after receipt of notification to advise the right Employer in writing of his/her intention to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that exercise displacement rights. Failure of the employee is within to provide such written notification constitutes a waiver of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08displacement rights." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An A. Layoff shall be defined as a necessary reduction in the work force beyond normal attrition.
B. No employee in receipt of notice of layoff shall be laid off pursuant to may: accept a necessary reduction in the work force unless said employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff; . The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or opt to receive newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a separation allowance as outlined reduction in Article 9.12; or opt to retirethe work hours of an employee, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace employee may claim seniority over another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the employee he/she seeks to replace. The employee replaced shall be the least senior employee with sufficient hours in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a .
E. A laid-off employee shall have upon application, and at his/her option, be granted priority status on the right substitute list for his/her classification according to displace another employee with lesser seniority who is the least senior employee his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification and where from which they were laid off or in classifications in which they have seniority. Qualified is defined as meeting the straight-time hourly rate at minimum requirements for the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity position.
G. Notices 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, sent by certified or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed mail to the last known address on record with the Hospital (which notification shall be deemed to be received as shown on the second day following the date of mailing)employee’s records. The notification recall notice shall state the job to time and date on which the employee is eligible to report back to work. It shall be the employee’s responsibility to keep the Board notified as to his/her current mailing address. A recalled and the date and time at which the employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report for to work. The Board may fill the position on a temporary basis until the recalled employee is solely responsible can report for his or her proper address being on record with work providing the Hospitalemployee reports within the five (5) day period. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required work for which they are qualified are obligated to accept such take said work. If an employee declines recall and may instead remain on layoff. No full-time employee or fails to report within the bargaining unit aforementioned time limits, this shall be constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
H. A laid off by reason of duties being assigned to one or more part-time employees. In employee shall lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08layoff." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Secretarial Group Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced
9.1 Layoff and recall shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An established rules and regulations of the Vancouver Civil Service Commission with the following exceptions:
A. In the event of layoff, employees will be laid off in the order of their seniority. Seniority for officers shall be defined as time in the department. Seniority for corporals and sergeants shall be defined as time in the position.
B. At the time of any layoff, corporals and sergeants may be given an opportunity to accept reduction to the next lower rank previously held by the employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice in lieu of layoff. For purposes of Such employees shall have bumping rights over the operation of clause an identical-paying classification employee in the next lower rank with the least seniority. Seniority shall include be defined as time in the rank or any classification where the straight-time hourly wage rate at the level of service corresponding to that of the higher rank.
C. Employees laid off employee is within or demoted in lieu of layoff shall be placed on a reinstatement list for the laid off employee's straight time hourly wage rateclassification from which the layoff took place and for any lower rank held based upon date of promotion to the lower rank.
D. Reinstatement lists shall be valid indefinitely. In Members who are demoted in lieu of layoff shall remain on the event that there are no employees with lesser seniority reinstatement list indefinitely until the City fills all positions in the same or a lower or identical-paying classification, as defined affected classification equivalent to the number of positions demoted in this article, a laid-off employee shall have lieu of layoff. Demoted members may decline an offer of reinstatement to their previously held rank on one occasion unless the right to displace another employee with lesser seniority who member is the least senior employee in on the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly ratereinstatement list. An employee Members who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was are laid off shall have remain on the privilege reinstatement list for a maximum of returning twenty-four (24) months. Laid off employees who are offered reinstatement will receive a conditional offer of reinstatement. The offer will be conditioned on successful completion of the following:
(1) A background investigation. The investigation will be limited to the position held prior to the layoff should it become vacant within six (6) months period of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following time between the date of mailing). The notification layoff and date of proposed reinstatement.
(2) A medical and psychologicalexamination.
(3) A drug screen.
E. An individual will lose rights to reinstatement and/or be removed from the reinstatement list if he commits an act that would be cause for termination of employment or if he loses his or her commission as a general authority law enforcement officer.
F. Appointments from the reinstatement list shall state be made in the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for workorder of length of service. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff reinstatement list who has the most service credit shall be given preference first reinstated.
(1) For employees on the reinstatement list 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 the position of police officer, "length of service" and may instead remain on layoff. No full-time employee within the bargaining unit "service credit" shall be laid off by reason of duties being assigned to one or more part-defined as time employees. In the event of employed as a layoff of an employee, the Hospital shall pay its share of insured benefits premiums police officer for the duration Vancouver Police Department.
(2) For employees on the reinstatement list for the position of police corporal, "length of service" and "service credit" shall be defined as time employed at the five-month notice period provided rank of corporal for in Article 9.08the Vancouver Police Department." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three
(3) months following For employees on the end reinstatement list for the position of the month in which the lay-off occurs. Such payment can police sergeant, "length of service" and "service credit" shall be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so defined as time employed at the time rank of sergeant for the lay-off, and arranges with the Hospital the appropriate payment hed I e.Vancouver Police Department.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee 28.1 The Employer shall be the sole determiner of when layoffs are necessary. The Employer may lay off employees when such action is determined to be necessary by reason of lack of work, lack of funds and/or reorganization.
28.2 The Employer shall give as much written notice as practicably possible to designated employees.
28.3 When the Employer determines that a layoff is necessary, then the Employer shall determine the number of employees and the affected classifications to be laid off. The Guild’s President or designee will be notified, in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retirewriting, if eligible under the terms of the Hospitals number of Ontario Pension Plan employees and classifications designated for reduction as outlined in Article soon as said determination is made. The least senior employee within a rank or displace another employee who has lesser bargaining unit seniority in classification designated for reduction shall be laid off from the same rank or a lower classification. Persons laid off within each rank or an identical-paying classification shall revert to the next lowest rank or classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to which they have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage ratepreviously served. In the event that there are no employees with lesser seniority such entry requires or results in a reduction of force in the same lower rank, such reduction shall be accomplished by a demotion or layoff of the person or persons in said lower classification or rank having the least seniority. Time spent in all higher classifications or ranks within the bargaining unit shall count towards seniority for purposes of layoff within an affected classification. In the event of a lower subsequent vacancy within one (1) year in a higher classification or identical-paying classificationrank, as defined in this article, a laid-off employee employees demoted by layoff shall have the first right to displace another employee with lesser seniority who is the least senior employee in the be reassigned to a higher classification and where the straight-time hourly rate at the level of service corresponding to that of or rank, unless the employee is within of was removed from the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent higher classification for performance or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was disciplinary reasons.
28.4 Employees laid off shall have the privilege will be eligible for reinstatement for a period of returning to the position held prior to the layoff should it become vacant within six one (61) months of being recalledyear. No new employees shall be hired by the County until the Sheriff determines that available, qualified employees within the classification placed on layoff have been offered re- employment. It shall be the employee's responsibility to keep the Employer advised of his/her current address. An offer of re-employment shall be in writing and sent by registered or certified mail to the employee. A copy of the County’s offer of re- employment shall also be provided to the Guild President or designee. The employee shall be deemed to have received notice within five (5) calendar days after the County mailed said notice. An employee so notified must indicate his/her acceptance of said re- employment within ten (10) calendar days of receipt of notice and shall be back on the job within twenty (20) calendar days of acceptance of said offer or forfeit all those call-back rights under this Article.
28.5 Employees recalled from layoff shall not lose previously accumulated time in service, provided all other provisions of this Article are complied with, including that the employees must be re-employed within one (1) year to retain these call-back rights and that the employee has successfully completed his/her one (1) year probationary period.
28.6 Employees laid off have been given an opportunity to return to work shall be compensated for unused compensatory time and have failed to do so, unused accumulated annual leave and sick leave in accordance with the loss terms of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on this Agreement.
28.7 No layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a regular employee represented by the Guild may occur until the Sheriff’s Office has terminated the employment of all non-regular paid employees serving in Guild positions as temporary employees, provisional employees and/or reserves.
28.8 Any paid work for a temporary, provisional and/or reserve employee in a Guild position must be offered first to any Guild represented employee in layoff of an employeestatus. If no Guild represented employee in a layoff status accepts such offer, then the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of Sheriff’s Office may use a lay-off of an employeepaid temporary, the Hospital shall pay its share of insured benefits premiums up paid provisional or paid reserve subject to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. In the event of a proposed layoff of a permanent or long- term nature, the Home w i l l provide the Union with at least weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long- term nature, the Home w i l l provide affected employees with notice in accordance with the Employment Standards Act. However, the Standards w i l l be deemed to be amended to provide notice to affected employee as follows : if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks In the event of lay-off, the employer shall lay- off employees i n the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to the work. An employee in receipt of notice of layoff pursuant who is subject to maylay- off shall have the right to either: accept the layofflay- off; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has lay-off is qualified, as required by law, for and can perform the ability to meet the normal requirements duties of the joblower or identical. An paying classification without training other than orientation. Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee' s straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage raterate provided he is qualified for and can perform the duties without training other than orientation. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off Such employee so displaced shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that be laid off. The decision of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent choose or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff above shall be given preference for temporary vacancies which are expected in writing to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee the Administrator within one calendar week following the bargaining unit shall be laid off by reason notification of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occursoff. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent failing to do so at the time of will be to have accepted the lay-off, and arranges with the Hospital the appropriate payment hed I e..
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive 15.1 When there is a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or a lower or an identical-paying classification in working force the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedure shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with used:
(a) All probationary employees throughout the plant shall be laid off first. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and abovewilling to do the work of the employees to be laid off who will be given a training period of five (5) working days. An employee Material Handlers 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No fulldays of classification training.
(b) Exceptions in the application of the above-time employee within the bargaining unit mentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company.
(a) Where there is an increase in the working force after layoff, the reverse of the above layoff procedure shall be followed, including the training period of five (5) working days.
(b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by reason of duties being assigned the Shop Committee, or when a classification is working to one or more part-time employees. In the event of full capacity on a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following shift basis.
15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the end Chairperson of the month in which Shop Committee and will be posted on the lay-off occursplant bulletin board at least five (5) days prior to the layoff becoming effective, if possible.
15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. Such payment can For the purpose of this article, xxxxxx is defined as a person who is scheduled to be made through the payroll office out of the Hospital provided that workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, except for Relief Operator, but who have the seniority to remain in the plant, will:
1. To displace a lower seniority employee in their classification, regardless of shift.
2. If there is no lower seniority employee in the classification, they will be assigned to the Operator classification, seniority permitting. Employees, who have been identified for layoff or recall who do not have the seniority to be assigned to the Operator Classification, will be allowed to bump the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital least seniority whose work they are able to perform with five (5) days of training. Once an employee has opted to displace another employee outside the appropriate payment hed I e.Operator Classification, they will assume that position until recalled back to their classification, or they post to a new classification.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt Section A. Employees will be given as much advance notice as possible whenever it becomes necessary to reduce the work force. Whenever possible, reduction of notice of layoff pursuant to may: accept the work force shall be based on seniority and ability within a classification. All things being equal, seniority shall prevail.
Section B. Accrued benefits will be prorated for personnel who are on layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under less than ten months into the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced year.
Section C. No position shall be deemed to filled by the Administration until all persons laid off have been laid off and shall be entitled called back to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed work within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of provided the laid off employee is within of qualified and able to perform the duties. No substitutes shall be hired by the Administration for a permanent position until all persons laid off employee's straight within classification are back to work.
Section D. If permanent full-time hourly wage rate. In or part-time openings occur, the event that there are no employees with lesser seniority in Board has the same or a lower or identical-paying classification, as defined in this article, a responsibility to recall laid-off persons in order of seniority or up to 12 months after layoff provided the employee is qualified.
Section E. When an employee's job is eliminated or returns from an approved leave of absence (not to exceed 90 days) he/she shall have the right to displace another use his/her seniority and bump any other employee with lesser having less seniority who is within the least senior same job classification. Or, when qualified, an employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An lower wage classification.
Section F. Any employee who has been recalled to such temporary vacancy shall not be required to accept such recall bumped by another employee may use his/her seniority and may instead remain on layoff. No full-time bump any other employee having less seniority within the bargaining unit shall same job classification or, when qualified, an employee in an equal or lower wage classification.
Section G. An employee may only use this bumping right once, and must stay at the position he/she bumped into, but may bid on any position, which is up for bid.
Section H. All bumping rights must be laid off by reason of duties being assigned exercised in writing and must be submitted to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up Operations Office prior to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions second business day of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months day following the end employee's notification of displacement.
Section I. It is understood that if the deadline passes and no written notification is received by the Operations Office, the employee forfeits his/her bumping right and shall be assigned permanently to the position that is left after the bumping process is completed. In the meantime, the employee will be assigned at the discretion of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Employer.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An a) In the event of layoff, the Hospital shall designate the positions to be redundant. Employees shall then have bumping rights on the basis of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work, on a part- time or full-time basis as required by the Hospital. Full and part-time layoff and recall rights shall be separate except as amended in 14:05 (b).
b) A full-time employee in receipt of notice of who is subject to layoff pursuant shall have the right to may: either:
(i) accept the layoff; or opt to receive or
(ii) displace a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another full-time employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article off. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid laid-off employee is within 1% of the laid laid-off employee's straight time hourly wage rate. In the event that there are no full-time employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a the laid-off employee shall will have the right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid-off employee is within 7% of the laid-off employee's straightstraight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off. In the event that there are no full-time hourly rate. An employees with lesser seniority in lower or identical paying classifications as defined in this article, the laid-off employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall will have the right to accept displace a regular part-time employee who has lesser bargaining unit seniority and who is the layoff or displace another least senior employee in accordance with 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 laid off.
(iii) The decision of the employee to choose (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6b) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff above shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up writing to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.designated hospital representative within ten
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same work force beyond normal attrition due to a shortage of funds or a lower or an identical-paying classification in the bargaining unit if the lack of work.
B. No employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off unless said employee shall have the right to displace another employee with lesser seniority who is the been notified of said layoff at least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled days prior to such temporary vacancy shall not be required to accept such recall and may instead remain on the effective date of layoff. 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. .
C. In the event of a layoff of an employeelayoff, the Hospital Board shall pay its share of insured benefits premiums first lay off probationary employee(s), then the least seniored employee(s) within the affected classification. In no case shall a new employee be hired by the Board while there are laid-off employees who are qualified for a vacant or newly created position.
D. A laid-off employee may replace an employee within another classification under the duration of following two conditions:
1. The laid-off employee must possess equal or greater classification seniority than the fiveemployee to be replaced. (For classification interpretation, see the most recent seniority list.)
2. The laid-month notice period provided for in Article 9.08off employee must possess greater bargaining unit seniority than the employee to be replaced." O BENEFITS ON LAYOFF
E. In the event of a layreduction in the work hours in a classification, an employee may claim seniority over a less seniored employee 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 Board. In no case shall a reduction of any employee's work hours take effect until the Board gives ten (10) work days written notice to the affected employee. A laid-off of an employeeemployee shall, upon application, and at his/her option, be granted priority status on the Hospital shall pay its share of insured benefits premiums up substitute list according to the end of the month in which the lay-off occurshis/her seniority. The employee maymust be qualified for the job, if possible under and will be paid at the terms substitute rate. Laid-off employees may continue their health, dental, and conditions life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Board. The above practice shall be subject to the rules and regulations of the insurance benefits programscarrier.
F. A recall list shall be provided by the Board stating the jobs available for reemployment. Recall shall be conducted as follows:
1. Classification seniority shall apply when the available position is within an employee's former classification or classification for which the employee possesses seniority.
2. When two (2) or more employees possess equal classification seniority for an available position, continue to pay the full premium cost of employee with the greater bargaining unit seniority shall be given a benefit or benefits for up to three (position. A drawing shall determine a tie where employees possess equal classification and bargaining unit seniority.
3) months following . Bargaining unit seniority shall apply when the end available position does not fall within the classification of the month presently laid-off employee or those classifications in which an employee possesses seniority. The employee must be qualified to do the lay-off occursjob.
G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records. Such payment can be made through The recall notice shall state the payroll office of the Hospital provided that time and date on which the employee informs is to report back to work. It shall be the Hospital employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled employee shall be given at least five (5) calendar days from receipt of his or notice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a temporary basis until the recalled employee can report for work, providing the employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her intent to do so at the time seniority rights.
H. Employees on layoff shall retain their seniority for purpose of the lay-off, recall for a period of two (2) years. Any employee on layoff for more than two (2) years shall lose his/her seniority and arranges with the Hospital the appropriate payment hed I e.any further rights under this Agreement.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. A. In the event of a layoff decrease in the need for services of personnel due to lack of funds or lack of work or the return of an employeeemployee from a leave of absence, the Hospital length of service to the district shall pay its share prevail for purposes of insured benefits premiums layoffs or subsequent recall in reverse order. Seniority shall be defined as:
a. District seniority shall be defined as the length of continuous employment by an employee with the Board as computed from the employee’s most recent date of hire.
b. Job classification seniority shall be defined as the length of employment by an employee in a particular job classification.
c. Ties in seniority shall be determined by using the employee’s last four digits of their social security number, highest number equals highest seniority.
B. The following job classifications shall be used for the duration purpose of the five-month notice period provided for defining job classification seniority in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-layoff: Aides/Cashiers Cook Administrative Assistant Custodians Bus Driver Head Mechanic Computer Coordinator Xxxxxxxx’s Helper
C. The number of people affected by a layoff will be kept to a minimum by not employing replacements insofar as practical of employees who resign, retire, or otherwise vacate a position.
D. The Board of Education shall determine in which classification the layoff should occur and the number of employees to be laid off. In the classifications of layoff, employees on probation and limited contracts shall be laid off of an employee, the Hospital before any employee in that classification employed under a continuing contract is laid off.
E. Each employee to be laid off shall pay its share of insured benefits premiums up to the end be given at least ten (10) work days advance written notice of the month in which layoff. Each notice of layoff shall state the lay-following:
a. Reasons for layoff
b. Effective date of layoff
c. A statement advising the employee of their bumping and recall rights from the layoff.
d. Brief list of jobs available for bumping.
F. Whenever it becomes necessary to lay off occursemployees by reasons stated above, affected employees shall be laid off according to seniority within their job classification, with the least senior employee laid off first. The employee mayshall, if possible under prior to being laid off, have the terms option to bump an employee with less seniority and conditions with equal or lesser hours in his/her job classification. Bargaining unit member must hold all necessary qualifications according to the job description prior to bumping into the position.
G. If said employee has exhausted all bumping rights within their current classification and/or is displaced from their current classification said employee may displace a less senior employee within any classification in which he/she was previously employed with the understanding that the employee holds the necessary qualifications according to the job description prior to bumping into the position. The displacing employee’s seniority in the classification must exceed the seniority in the classification of the insurance benefits programs, continue to pay employee displaced and the full premium cost of a benefit position is equal or benefits for up to lesser hours. The employee shall have three (3) months following working days from the end of date on which the month notice is sent in which to notify the lay-off occursSuperintendent whether he or she will bump into a particular job. Such payment can Resulting bumps shall be made through handled in the payroll office of the Hospital provided that the same manner. All bumping shall be done on paper before any employee informs the Hospital of his or is moved into his/her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.new position.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee in receipt In the event the layoff of notice of layoff pursuant employees is determined to may: accept be necessary by the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retireEmployer, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identicaltemporary, casual, seasonal, part-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced time and probationary employees shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layofffirst. For purposes of this collective bargaining agreement, those employees know as the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same "reserve unit or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees reserve deputies" 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more considered part-time employees. If additional layoffs are scheduled, seniority employees shall be laid off in reverse order of their job classification seniority. Laid off employees shall be entitled to exercise their departmental seniority and be assigned to another job classification of equal or lower pay rate, providing Employer determines such employee is capable of performing the work in such other job classification. The decision of the Employer as to the capability of the employee shall not be arbitrary or capricious. Should an employee or employees be displaced by the procedure outlined in this Section, it shall be the employee(s) with the least job classification seniority. Such employee(s) shall be entitled to exercise departmental seniority as conditioned herein. Effective January 1, 1991, all newly hired employees will not be able to bump into a classification of equal or lower pay rate unless the employee served in that classification. The employee, if eligible, may only bump persons with less classification seniority than the classification seniority earned by the bumping employee. In the event a full-time bargaining unit employee refuses to work with a reserve deputy for reasons related to the competency level or abilities of a layoff of an employeethe reserve, the Hospital full-time employee shall pay its share of insured benefits premiums submit the reasons for refusal in writing. Refusals to work with reserve officers shall be reviewed by the duration Safety Committee. The Safety Committee shall conduct an investigatory hearing regarding the reasons for refusal. Upon completion of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF investigatory hearing the Safety Committee shall make its' recommendation, which shall be final and binding upon the refusing employee. In the event special duty work opportunities become available, such work opportunities shall be offered, by seniority, to full-time bargaining unit personnel on a voluntary basis. The rate of a laypay for special duty events will be determined by the special duty event contract. For purposes of this agreement special duty events shall be defined as marine patrol, boat races, beer tents, parade duty, fair duty, snowmobile patrol and other such similar special community functions. In the event full-off time bargaining unit personnel decline special duty work opportunities or the required number of an employeefull-time bargaining unit personnel cannot be obtained, special duty work opportunities may be offered to part-time or reserve personnel. During periods of layoff, however, the Hospital opportunity to work special duty jobs shall pay its share of insured benefits premiums up be offered to full-time laid off personnel prior to allowing part-time or reserve personnel to work.
i) Recalls from layoff shall be made by written notice sent by certified mail to the end employee's last known address of record. All employees are required to notify proper post office address or change of address shown upon the month Lapeer County Sheriff's Department records for all purposes.
ii) Each employee who is recalled from layoff shall report in which person or by certified mail to the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to Lapeer County Sheriff's Department within three (3) months following working days after being notified of recall, whether or not he intends to return to work for the end Sheriff's Department, and, if he states he will return to work for the Sheriff's Department, he shall report to work on the date specified by the Lapeer County Sheriff's Department which shall not be less than five (5) calendar days from the date of notification of recall.
iii) Employees who have been reduced in rank shall be returned to their former rank in order of their classification seniority. If an employee fails to notify the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital Lapeer County Sheriff’s Department of his decision, within the three (3) work day period as defined in Section 5, subparagraph (c) of this Article, or her intent notifies the Lapeer County Sheriff’s Department that he will not return to do so at work for the time of Lapeer County Sheriff’s Department, or having agreed to return to work for the lay-offLapeer County Sheriff’s Department, fails to report on the date specified, unless the failure to report is for justifiable reasons, he shall be considered as having voluntarily quit, and arranges with the Hospital next employee in order of seniority having the appropriate payment hed I e.necessary ability shall be recalled to work. The Union Xxxxxxx shall be given the names in order of layoff or recall whenever employees are laid off or recalled to work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An A. Layoff shall be defined as a necessary reduction in the work force beyond normal attrition.
B. No employee in receipt of notice of layoff shall be laid off pursuant to may: accept a necessary reduction in the work force unless said employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff; . The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or opt to receive newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a separation allowance as outlined reduction in Article 9.12; or opt to retirethe work hours of an employee, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace employee may claim seniority over another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the employee he/she seeks to replace. The employee replaced shall be the least senior employee with sufficient hours in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a .
E. A laid-off employee shall have upon application, and at his/her option, be granted priority status on the right substitute list for his/her classification according to displace another employee with lesser seniority who is the least senior employee his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification and where from which they were laid off or in classifications in which they have seniority. Qualified is defined as meeting the straight-time hourly rate at minimum requirements for the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity position.
G. Notices 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, sent by certified or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed mail to the last known address on record with the Hospital (which notification shall be deemed to be received as shown on the second day following the date of mailing)employee's records. The notification recall notice shall state the job to time and date on which the employee is eligible to report back to work. It shall be the employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled and the date and time at which the employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report for to work. The Board may fill the position on a temporary basis until the recalled employee is solely responsible can report for his or her proper address being on record with work providing the Hospitalemployee reports within the five (5) day period. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required work for which they are qualified are obligated to accept such take said work. If an employee declines recall and may instead remain on layoff. No full-time employee or fails to report within the bargaining unit aforementioned time limits, this shall be constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
H. A laid off by reason of duties being assigned to one or more part-time employees. In employee shall lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08layoff." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Secretarial Group Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of layoff, employees will be reduced in an employee, the Hospital shall pay its share of insured benefits premiums for the duration inverse order of the five-month notice period Seniority List on which their names appear, provided for in Article 9.08." O BENEFITS ON LAYOFF there are more senior employees who can satisfactorily perform the work from which the junior employees are removed. In the event of a lay-off due to lack of an work the Company agrees to give every employee who is to be laid off one clear working day’s notice of such proposed lay-off. This clause shall not apply if the employee’s failure to receive such notice is due to absence from work on the day on which would have otherwise received such notice. No probationary employees will be allowed to work while there is a layoff in effect, except if those on layoff are unwilling to perform the Hospital shall pay its share work in question or if in the opinion of insured benefits premiums up to manage- ment, they are incapable of performing the end work. In the event of recalling employees from layoff the recall will be based on the order of seniori- ty provided the senior employee can satisfactorily perform the work for which is being recalled. Any employee’s reinstatement after sick leave will be conditionalon supplying,when requested a certificate from a physician that is fully recovered from the illness or injury which caused absence. ARTICLE TEMPORARY TRANSFERS Any employee who has been classified on a specified job classification, and who, for the con- venience of the month Company, is temporarily transfer- red to another job classification in which the layrate of pay is different to that in effect in such employee’s regular job classification, shall be paid while so employed as follows: If the rate of pay in the job classification to which is transferred is less than the employee’s regular pay, shall receive own higher rate of pay ex- cept when an employee is transferred from a non-off occursincentive job classification to an in- centive job classification. The In this situation shall receive the normal rate for the classification to which is temporarily transferred as long as the incentive earnings equals or exceeds the non incentive rate. If the rate of pay for the job classification to which is transferred is higher than the rate of pay for the employee’s regular job classification, shall receive the normal rate for the job classification to which is temporarily transferred. An employee maywho, if possible under for the terms convenience and conditions benefit of the insurance benefits programsemployee is temporarily transferred to another job classification instead of being laid off due to lack of work, continue breakdown of machinery or other like cause, shall be paid while so employed as follows: If the rate of pay in the job classification to which is transferred is less than employee’sregular pay, shall receive the lower rate paid in the job classification to which is transferred. If the rate of pay in the full premium cost of a benefit or benefits for up job classification to three (3) months following which is transferred is higher than the end employee’s regular pay shall receive such higher rate provided displays efficiency, skill and ability equal to that of the month employees in the job classificationto which the lay-off occursis transferred; and until such time as displays such efficiency, skill or ability, shall con- tinue to receive own regular rate. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.DURATION OF TRANSFERS
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the work force beyond normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. attrition.
B. 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit Employee shall be laid off by reason pursuant to a necessary reduction in the work force unless said Employee shall have been notified of duties being assigned said layoff at least fifteen (15) work days prior to one or more part-time employeesthe effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a reduction in the work hours of an employee, the Hospital shall pay its share of insured benefits premiums employee may claim seniority over another employee in the same classification for the duration purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up employee he/she seeks to the end of the month in which the lay-off occursreplace. The employee mayreplaced shall be the least senior employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, if possible under and at his/her option, be granted priority status on the terms and conditions substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the insurance benefits programs, continue to pay the full premium cost of a benefit classification from which they were laid off or benefits for up to three (3) months following the end of the month in classifications in which they have seniority. Qualified is defined as meeting the lay-off occursminimum requirements for the position.
G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employee's records. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at The recall notice shall state the time and date on which the Employee is to report back to work. It shall be the Employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the lay-off, and arranges position on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an employee declines recall or fails to report with the Hospital aforementioned time limits, this shall constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
H. A laid off Employee shall lose all recall rights in the appropriate payment event hed I e./she is not recalled within one (1) year from the effective date of layoff.
Appears in 1 contract
Samples: Custodial Group Agreement
Layoff and Recall. An A. The UNION recognizes the exclusive right of the BOARD to determine personnel reductions. Layoff shall take place by classification within the unit according to need as determined by the BOARD. The least senior employee in receipt of notice of the affected classification shall be laid-off. The BOARD shall not post or hire new personnel until all members on layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee have been recalled. Members on layoff who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to are recalled must meet the normal requirements of the job. An posted position.
B. Unit Classifications Bus Monitors/Crossing Guards/Parking Lot Hall Monitor High School Guard In-House Suspension Monitors Instructional NCLB (No Child Left Behind) Para-professional Remedial Specialists Temporary Remedial Specialists
C. The employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An the employee who chooses to exercise the right to displace another bump next lower seniority employee with lesser seniority shall advise the Hospital closest number of his or her intention to do so and the position claimed hours within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage ratesame classification. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in that classification, the employee may bump individuals in a lower classification if they have greater district seniority and where applicable qualifications as listed on the straight-current job posting. In the event that two or more employees have the same exact seniority date the BOARD reserves the right to break all ties at its sole discretion. A meeting will take place with all employees affected by the bump, the Department of Administrative Services and Operations and the President of the Union (or their designees) within a specified time hourly rate at agreed upon by both sides of the level bargaining teams in order to finalize the bump.
D. Employees may not bump any employee who has a schedule that exceeds their own by more than five (5) hours per week (average weekly schedule) regardless of service corresponding to that classification. The bump must be completed within a two (2) week period of the employee being notified that their job is within being eliminated. The two (2) week time period may be extended if so agreed upon by the Union President and the Assistant Superintendent of Administrative Services and Operations.
E. During layoff, neither wages nor fringe benefits will be paid, nor will sick days or wage increments or seniority accrue, but upon recall, unused sick days and seniority held at the start of the laid-layoff shall be reinstated.
F. In the event an employee on layoff is provided a notice of recall and does not notify the BOARD in writing of his/her acceptance within five (5) work days, then such employee will have no further recall rights unless approved by the Assistant Superintendent of Administrative Services and Operations. It is understood that it is the responsibility of the employee to keep the BOARD notified of his/her current address.
1. The five (5) day limitation in which the employee has to notify the BOARD of his/her acceptance, as set forth in Article VI, Section 6.08, Subsection C, may be waived by mutual written agreement between the UNION and the BOARD.
2. A laid off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to may accept the layoff or displace another and decline to bump if the position to which the employee could bump is one that would result in accordance with (a) and above. An employee shall have opportunity of recall movement from a position of 20 or more hours per week to a position of less that 20 hours per week. Such an employee may remain on layoff until a position of 20 or more hours opens, or until recall rights have otherwise terminated or expired.
3. Any employee who bumps an individual in a different job title will be considered to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled be on a regular basis under a job posting proceduretrial period for forty-five (45) working days. The posting procedure in After the collective agreement shall not apply until trial period the recall process has been complete. In determining appropriate supervisor may cancel the ability of an bump and restore the original employee to perform the work job.
4. Classification shall be used for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums used for the duration purposes of the five-month notice period provided for in Article 9.08defining or limiting job responsibilities." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee The City Manager may layoff an EMPLOYEE when deemed necessary by reasons of shortage of funds and/or work, abolishment of a position, or other material change in receipt duties or organizations. The Department Head shall prepare, for the City Manager's approval, a list of notice of those employees to be laid off. Department seniority, qualifications, discipline and current/past performance evaluations shall be considered in all layoffs and rehires. Whenever there is a layoff pursuant to may: accept where there are two (2) or more LPASE EMPLOYEES holding the layoff; or opt to receive a separation allowance same position and further, with all things being equal between the two EMPLOYEES (e.g., qualifications, discipline, current/past performance) as outlined in Article 9.12; or opt to retiresolely determined by the City Manager, if eligible under the terms of EMPLOYEE with the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit least seniority in the same or a lower or an identical-paying classification department shall be the first EMPLOYEE laid off. The laid off EMPLOYEE may bump another LPASE EMPLOYEE in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance same department with Article An employee who chooses to exercise the right to displace another employee with lesser less seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of than the laid off employee is within of EMPLOYEE for a LPASE represented position that the laid off employee's straight time hourly wage rateEMPLOYEE previously held and for which the laid off EMPLOYEE currently meets the qualifications as set forth in the current job description for the position. A LPASE EMPLOYEE that has bumped another less senior LPASE EMPLOYEE shall be placed in the position of the bumped EMPLOYEE at the salary which the bumped EMPLOYEE currently earns. In the event that there are no employees with lesser seniority is more than one incumbent in the same or a lower or identical-paying classificationposition subject to bumping, as defined in this article, a laid-off employee shall have the right LPASE EMPLOYEE to displace another employee with lesser seniority who is be bumped will be the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that incumbent. The EMPLOYEES shall be given written notice of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 reasons for the purposes of the paragraphs abovelayoff, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held at least sixty (6o) calendar days prior to the layoff should it become vacant within six (6) months date of being recalledlayoff. No new employees If such notice is not available, the EMPLOYEE shall receive a paid severance package equal to eight weeks of wages and benefits. Recall decisions shall be hired until all those made at the discretion of the affected department based upon departmental needs. Employees laid off will have been given an opportunity to return to work and have failed to do so, in accordance with the loss insurance benefits that are eligible for continuation upon separation of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital employment for sixty (which notification shall be deemed to be received on the second day following 6o) days after 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee Layoff by Seniority In the event of a layoff, permanent employees will be laid off by reverse seniority in receipt a classification at a point of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority assembly. Probationary employees shall be laid off before permanent employees in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the jobclassification. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article Options Upon Layoff An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the is laid off employee is within from a point of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee assembly shall have the right to displace another employee with lesser seniority who is either: remain on layoff until work becomes available at the least senior employee’s regular point of assembly; or bump the most junior employee in the same classification and where at another point of assembly, provided the straight-time hourly rate bumping employee has more seniority; or accept severance pay under this Article. if the employee exercises his/her rights under but less than an as stated under Article he/she shall have option to maintain his/her benefits at a If an employee elects layoff status, the employee must remain on layoff until work becomes available at the level employee’s regular point of assembly. If an employee elects to bump into a new point of assembly, the employee loses the right to be scheduled for work at the old point of assembly. If an employee elects severance pay it shall be calculated on the basis of one week’s pay for every year of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rateor major part thereof. An employee who is subject to layoff other will not receive an amount greater than three months current pay. Part-time employees shall be eligible for severance pay on a layoff pro-rata basis of one week’s salary per year of continuous service if the employer initiates a permanent lay-off which exceeds two weeks without scheduled work or longcall in. Those part-term nature including a full time employees hired after ratification shall not be eligible for severance pay. A part-time employee whose shall be considered to be laid off if, at Employer’s initiative and due to a shortage of work, the employee has not been scheduled to work for a period of one week. A full-time employee shall be considered to be laid off if, at the Employer’s initiative and due to a shortage of work, the full-time employee’s hours are reduced to less than forty hours per week. off employees within the classification at the point of work areassembly, subject to Article reduced, the Employer will recall employees in order of seniority the same classification from other points of assembly; such employees shall have the right to accept refuse without penalty. Current Address It shall be the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity responsibility 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have employees to keep the privilege Employer informed of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work their current addresses and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 telephone numbers at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall they may be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08contacted." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An (a) For the purpose of layoffs, seniority shall mean the amount of continuous service in the employee's classification.
(b) If the City determines it is necessary to make layoffs, employees shall be laid off in the inverse order of their seniority. However, employees who possess special job skills need not necessarily be laid off if they do not otherwise have sufficient seniority, if in the reasonable determination of the City such special skills must be retained by the Department.
(c) Any employee in receipt of notice of layoff who would otherwise be laid off pursuant to may: accept the layoff; or opt to receive (b) shall be offered a separation allowance as outlined position in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital regardless of his or her intention seniority as it relates to do so and the seniority of the other employees in said lower classification.
(d) At the time of layoff, employees shall undergo a complete physical examination. Employees shall be recalled from layoff according to their seniority in the classification from which the employee was laid off, provided the employee's physical condition is substantially the same at the time of recall as it was at the time of layoff, unless the City reasonably determines that special skills are required for the position claimed within seven being filled.
(7e) days after receiving The right to be recalled shall continue for a period not in excess of two years from the notice date of layoff. For purposes The seniority of any employee recalled within said two year period, shall be the operation most recent period of clause an identical-paying continuous service in the classification shall include any classification where immediately prior to the straight-layoff, including the time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. spent on layoff status.
(f) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the an employee is within of laid off prior to taking the laid-off employee's straight-time hourly rate. An employee who is subject vacation to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do sois entitled in any calendar year, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 receive payment determined by the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration portion of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit contract year he or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so she had worked at the time of the lay-offlayoff, and arranges with the Hospital the appropriate payment hed I e.in relation to his or her total vacation entitlement for that calendar year.
(g) Any employee on layoff shall not be entitled to contract benefits unless specifically provided for herein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same work force beyond normal attrition due to a shortage of funds or a lower or an identical-paying classification in the bargaining unit if the lack of work. ARTICLE XI: LAYOFF AND RECALL (Con't.):
B. No employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off unless said employee shall have the right to displace another employee with lesser seniority who is the been notified of said layoff at least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled days prior to such temporary vacancy shall not be required to accept such recall and may instead remain on the effective date of layoff. 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. .
C. In the event of a layoff of an employeelayoff, the Hospital Board shall pay its share of insured benefits premiums first lay off probationary employee(s), then the least seniored employee(s) within the affected classification. In no case shall a new employee be hired by the Board while there are laid-off employees who are qualified for a vacant or newly created position.
D. A laid-off employee may replace an employee within another classification under the duration of following two conditions:
1. The laid-off employee must possess equal or greater classification seniority than the fiveemployee to be replaced. (For classification interpretation, see the most recent seniority list.)
2. The laid-month notice period provided for in Article 9.08off employee must possess greater bargaining unit seniority than the employee to be replaced." O BENEFITS ON LAYOFF
E. In the event of a layreduction in the work hours in a classification, an employee may claim seniority over a less seniored employee in that classification for the purpose of maintaining his/her normal work schedule, provided that his/her action will not disrupt the normal oper- ation of the Board. In no case shall a reduction of any employee's work hours take effect until the Board gives ten (10) work days written notice to the affected employee. A laid-off of an employeeemployee shall, upon application, and at his/her option, be granted priority status on the Hospital shall pay its share of insured benefits premiums up substitute list according to the end of the month in which the lay-off occurshis/her seniority. The employee maymust be qualified for the job, if possible under and will be paid at the terms substitute rate. Laid-off employees may continue their health, dental, and conditions life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Board. The above practice shall be subject to the rules and regulations of the insurance benefits programs, continue to pay carrier.
F. A recall list shall be provided by the full premium cost of a benefit Board stating the jobs available for reemployment. Recall shall be conducted as follows:
1. Classification seniority shall apply when the available position is within an employee's former classification or benefits classification for up to three (3) months following the end of the month in which the lay-off occursemployee possesses seniority.
2. Such payment can be made through the payroll office of the Hospital provided that When two (2) or more employees possess equal classification seniority for an available position, the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.greater bargaining unit seniority shall be given a position. A drawing shall determine a tie where employees possess equal classification and bargaining unit seniority. ARTICLE XI: LAYOFF AND RECALL (Con't.):
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. There shall be at feast months notice to the Union in the event of a proposed layoff of a permanent or long-term nature or in the event of a substantial bed cutback which affects or could affect the bargaining unit, unless the notice of reduced funding from the Ministry to the Home is given less than months from the end of the fiscal year, in which case the number of months notice required shall be that number of months from the end of the fiscal year that the notice from the Ministry was received but in no case shall be less than months. in the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with weeks notice for each year of service to a maximum of weeks, provided that the employee has more than months service. Employees with less than months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. A copy of any notice of to an employee will be provided to the Union at the same time. In the event of a layoff, the Home shall layoff employees in the reverse order of their seniority within their classification in the respective bargaining unit i.e., full-time or part-time, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser less bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to the layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off subject to the layoff procedure. A full time employee may displace a part time employee and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoffvice versa, given reasonable orientation. For purposes of the operation of clause Note an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this articleArticle, a laid-laid off employee shall will have the right to displace another an employee with lesser seniority less seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid-laid off employee's straight-’s straight time hourly raterated provided he can perform the duties without training other than orientation. An Such employee who is so displaced shall be laid off subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and aboveprocedure. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has possesses the qualification and ability to perform the work before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has bas been completecompleted. In determining the qualification and ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Home shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months two years of being having been recalled. No new employees 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 loss of seniority provisionprovisions, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospitalavailable. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who 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 bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff commenced on the day immediately following a paid holiday, an employee qualified for holiday pay shall not be disentitled thereto solely because of an the day on which the layoff commenced the event of layoff of a full-time employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital Home shall pay its share of insured benefits premiums up to months from the end of the month in which the laylayoff occurs or until the laid off employee is employed elsewhere, whichever comes first. Seniority lists will be posted on the official Union Bulletin Board in the Home and a copy of the Seniority List will be supplied to the Union Office and the Chairs of the Union. The Seniority List will be posted and revised semi-annually on or before January and July of each year according to the records of the Home. Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made within thirty (30) days from the first date of current posting. An employee shall lose all seniority and be deemed to have quit the employ of the Home after is discharged for cause and the discharge is not revoked through the Grievance Procedure; tenders resignation in writing or quits the employ of the Employer; fails to report for work within days after being notified by the Employer following a lay off occursor fails to advise the Employer within five (5) days (exclusive of Saturdays, Sundays or paid holidays) of intention to report for work, pursuant to notification by registered mail to the last address on record with the Home. The notification shall state the job to which the employee is eligible to be recalled and the date and at which the employee shall report to work. The employee may, if possible under is solely responsible for proper address being on record with the terms Home; is absent for five consecutive regularly scheduled shifts without providing proper notice of a reason satisfactory to the Employer. Any employee who is terminated in accordance with this provision will be advised by registered mail or equivalent and conditions a copy of this notice will be sent to the Chairperson of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so Bargaining Unit at the same time. is laid off continuously for months or longer. Where a Full-time of employee transfers to the layPart-offtime unit, and arranges with or vice versa, in the Hospital the appropriate payment hed I e.same job classification, there will be no trial period. The employee will transfer at current wage rate.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee A. A layoff is defined as the elimination of a position, the permanent reduction in receipt hours of a full-time position, or the permanent reduction in hours of a part-time position for more than two (2) hours per day. All layoff decisions will be finalized by the Board. Whenever the Board determines that a layoff is necessary, notification will be given to the Association. As soon as practicable, but at least thirty (30) days prior to effective date of layoff, notice of layoff pursuant will be given to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser affected classified bargaining unit seniority in the same or a lower or an identical-paying classification in the members of their layoff.
B. Layoff of classified bargaining unit if the employee originally subject to members will be based upon seniority and documented job performance, and such layoff has the ability to meet the normal requirements of the jobwill occur by classification. An employee so displaced Seniority shall be deemed to have been defined as the total length of service of a classified employee within the district. All authorized paid leave will be counted toward seniority: unpaid leaves of absence will not be counted towards seniority, but will not break seniority. Classified employees who are laid off and subsequently rehired shall be entitled to notice in accordance with Article An employee who chooses to exercise retain cumulative seniority, but not necessarily classification seniority, for all periods worked except for the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice period of layoff. For purposes .
C. Laid-off employees will not be paid any salary or benefits during the period of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a layoff A laid-off employee shall have may, at his/her own expenses continue insurance coverage and will be provided notification of their insurance rights by the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the District through COBRA.
D. A laid-off employee's straight-time hourly rate. An employee bargaining unit member who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work previously worked in a different classification from which he or she was laid off shall have position for the privilege of returning to District (within the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss definition of seniority provision, or have been found unable to perform in subsection B herein) may "bump" a bargaining unit member in the work available other position as long as two conditions are met:
I. The Hospital shall notify laid-off bargaining unit member has greater classification seniority than the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed person 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08."bumped;" O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.and
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the A. The word "layoff; or opt to receive ' means a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or a lower or an identical-paying classification in the bargaining unit if work force. Capable and qualified shall be defined as: the employee originally subject meets the current law or state guidelines to layoff has work as an Instructional Paraprofessional. It shall also mean that the ability employee meets an additional requirements historically defined by the employer for that position.
B. In the event it becomes necessary for a layoff, the Employer shall meet with the Association representatives at least three (3) weeks prior to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice effective date of layoff. For purposes At such meeting the Employer shall submit a list of the operation number of clause an identical-paying employees scheduled for layoff, their names, seniority, job titles and work locations.
C. If it becomes necessary to layoff either twelve (12) month employees or school year employees during the time they normally would be working, the following procedures will be mandatory:
1. Probationary and temporary employees in the classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the will be laid off first.
2. Seniority employees will be laid off in inverse order of seniority by classification, provided the retained employee is within of capable and qualified.
3. When a senior instructional paraprofessional employee is scheduled for layoff, the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another bump the lowest seniority employee with lesser seniority who is the least senior employee same or fewer hours per week in the same classification or within another classification for which they have earned seniority, provided the retained employee is capable and where the straight-time hourly rate at the level of service corresponding to that of qualified. When an Aide (Lunchroom/Playground) employee is scheduled for layoff, the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another bump a lower seniority employee in accordance with (a) and above. An employee shall the same classification or another classification for which they have opportunity of recall from a layoff to an available opening, in order of earned seniority, provided he or she the retained employee is capable and qualified.
4. Seniority is defined as set forth in Article IX, Section A.
5. A one-on-one paraprofessional is defined as a paraprofessional who is assigned to the same special needs student all day, every day, per IEP. A one-on-one paraprofessional may bump a less senior paraprofessional who has a similar number of hours, but not more hours. However, a laid off one-on-one paraprofessional may not bump another (one-on-one), during the ability school year.
6. Should a member happen to perform lose this position during the work before such opening is filled on school year, every reasonable effort will be made to utilize this person as a regular basis under a job posting proceduresubstitute during the school year. The posting procedure in the collective agreement member shall not apply until lose any recall rights should positions be reinstated during the recall process has been completeschool year.
7. In determining The employee may remain on the ability layoff list for a maximum of a two year continuous period or the length of their seniority, whichever is less, during which time his/her seniority shall be frozen.
8. Employees to be laid off will receive at least fourteen (14) days' advance notice of the layoff except for emergencies or unforeseen circumstances at which time the District will notify employees immediately.
9. If an employee to perform the work for the purposes of the paragraphs above, the Hospital shall voluntarily leaves his/her classification he/she cannot act in an arbitrary or unfair mannerlater bump back into that classification.
10. An employee recalled eight (8) hour paraprofessional does not have to work in accept a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months hour position, but may bump the least senior eight (8) hour person in the classification. A paraprofessional being called back does not have to accept a position if it is for less hours than the position they held prior to layoff. The paraprofessional will remain on layoff according to Article X.C.7.
11. During a layoff mode, an employee may opt for a voluntary layoff in order to keep a lower senior person in a position, provided that the less senior person is capable of being recalleddoing the work per the most recent job posting.
D. The Employer shall not reduce the normal work week in lieu of making layoffs. No new When the working force is increased after a layoff, employees shall will be hired until all those laid off have been given an opportunity recalled according to return to work and have failed to do soseniority within their classification, in accordance with the loss most senior employees on layoff being recalled first. Notice of seniority provision, or have been found unable recall will be made first by phone call to perform the work available The Hospital shall notify the employee of recall opportunity by the Superintendent or his/her designee, and then in writing sent to the employee at his/her last known address by registered or certified mail, addressed to . Acceptance or refusal of offer for the last address on record with the Hospital (which notification shall position offered must 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed returned in writing within ten (10) working dayscalendar days of postmarked offer. An Failure to return offer in writing within ten (10) calendar days shall be considered a resignation. Bargaining unit employees who anticipate being unavailable for a period of time may leave written notice with the District, prior to departure, indicating their intent to accept a recall notice if so offered.
E. Any school year bargaining unit employee who has been collects unemployment compensation during the summer months (MESC's "summer denial period") and who is recalled before the start of his/her normal year to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within a position with the bargaining unit shall be laid off by reason of duties being assigned to one same or more part-time employeeshours of work, is obligated to reimburse the district the amount of unemployment compensation collected during the summer months notwithstanding the above. In the event of The District is authorized to obtain repayment through a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration payroll deduction of the five-month notice period provided for appropriate amount in Article 9.08." O BENEFITS ON LAYOFF equal payments over the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms entire year and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges consistent with the Hospital the appropriate payment hed I e.FLSA and Michigan Wage and Hour Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive 15.1 When there is a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or a lower or an identical-paying classification in working force the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedure shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with used:
(a) All employees in the TPT classification shall be laid off first;
(b) All probationary employees, except in the skilled trades, will be laid off next. Thereafter, employees in the plant will be laid off in inverse order of seniority provided there are available employees with seniority who are able and abovewilling to do the work of the employees to be laid off who will be given a training period of minimum five (5) working days. An employee Material Handlers 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No fulldays of classification training.
(c) Exceptions in the application of the above-time employee within the bargaining unit mentioned seniority rules shall be made by mutual agreement between the Shop Committee and the Company.
(a) Where there is an increase in the working force after layoff, the reverse of the above layoff procedure shall be followed, including the training period of minimum five (5) working days.
(b) The Company will not increase the hours of work in a classification in the plant over forty (40) hours per week until all seniority employees laid off in that classification in the plant are called back to work, except in an emergency when agreed to by reason of duties being assigned the Shop Committee, or when a classification is working to one or more part-time employees. In the event of full capacity on a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following shift basis.
15.3 A list of employees to be laid off pursuant to a planned layoff will be made available to the end Chairperson of the month in which Shop Committee and will be posted on the lay-off occursplant bulletin board at least five (5) days prior to the layoff becoming effective, if possible.
15.4 An employee while retained on the plant seniority list during layoff accumulates seniority during such period and shall be considered a payroll employee for recall rights purposes. Such payment can For the purpose of this article, xxxxxx is defined as a person who is scheduled to be made through the payroll office out of the Hospital provided that workplace due to a reduction in the workforce. The following procedure will apply to employees who have been reduced from their classification, except for Relief Operator, but who have the seniority to remain in the plant, will:
1. To displace a lower seniority employee in their classification, regardless of shift.
2. If there is no lower seniority employee in the classification, they will be assigned to the Operator classification, seniority permitting. Employees, who have been identified for layoff or recall who do not have the seniority to be assigned to the Operator Classification, will be allowed to bump the employee informs with the Hospital least seniority whose work they are able to perform with minimum five (5) days of his training. Once an employee has opted to displace another employee outside the Operator Classification, they will assume that position until recalled back to their classification, or her intent they post to do so at a new classification. The parties agree that in the time case of a layoff, employees of the lay-Mold Setter, Mold Processor, Shipper/Receiver, Tooling and Maintenance groups shall be able to enter into the Machine Operator Classification, if there is an opening, in lieu of being laid off, . The employee will receive minimum five (5) days of training and arranges will enter the classification with the Hospital the appropriate payment hed I e.date of entry seniority.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee 18:01 The parties recognize that job security increases in receipt of notice of layoff pursuant proportion to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level length of service corresponding to that of with the laid off employee is within of the laid off employee's straight time hourly wage rateEmployer. In the event of a reduction in work or in the workforce, the Employer agrees that there employees shall be laid off in the reverse order of their seniority insofar as it is practicable to do so, providing other qualifications are no employees relatively equal. When an employee is laid off, he/she shall have the option of displacing another employee with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The displaced person shall have the right to displace option of displacing another employee with lesser seniority who in the same or lower job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least senior employee in the same classification and where or the straight-time hourly rate at least senior employee in a lower classification providing he/she is qualified to perform the level of service corresponding to that normal requirements of the job satisfactorily and has more seniority than the employee is within to be displaced. For clarity, the normal requirements of the laid-off employee's straight-time hourly rate. An job include the percent FTE of the job, so an employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time displacing another employee whose hours of work are, subject to Article reduced, shall have the right must be willing and able to accept the percent FTE of the position/employee being displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten (10) days of notification of layoff or by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten (10) days of notification of displacement. No further displacement will take place as a result of the initial layoff and any resulting displacements. It is understood that when an employee exercises the option to displace another an employee in accordance with (a) and 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 performing a job posting procedure. The posting procedure in at a lower classification, he/she shall be paid at 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 rate of the paragraphs above, the Hospital lower classification. Employees shall not act in an arbitrary or unfair manner. An employee be recalled to work in a different classification from which he or she was laid off shall have the privilege order of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees their seniority.
18:02 Recall rights shall be hired until all those laid off have been given terminated on the cancellation of an opportunity employee’s seniority.
18:03 It shall be the duty of the employee to return to work and have failed notify the Employer promptly of any change of address. If an employee should fail to do so, in accordance with the loss Employer will not be responsible for failure of seniority provision, or have been found unable official notices to perform reach the work available employee.
18:04 The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed employees who are 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed laid off ten (10) working daysdays before the layoff is effective. An If the 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 bargaining unit shall be laid off by reason has not had the opportunity to work ten (10) full days after notice of duties being assigned to one or more part-time employees. In the event of a layoff of an employeelayoff, the Hospital employee shall pay its share be paid in lieu of insured benefits premiums for the duration that part of the five-month notice period provided for in Article 9.08ten (10) days during which work was not available." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee In the event of a proposed lay-off of a permanent or long-term nature of weeks or more, the Home will provide the Union with at least weeks' notice. This notice is not in receipt addition to required notice for individual employees. In the event of notice a lay-off of layoff pursuant to may: accept a permanent or long-term nature, the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to Home will provide affected employees with notice in accordance with Article the However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: her service is greater than years weeks' notice if her service is greater than years weeks' notice her service is greater than years weeks' notice if her service is greater than years weeks' notice Lay-off Procedure In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on t he job employees who have the ability and qualifications as required by law to perform the work. An employee who chooses is subject to exercise lay-off shall have the right to displace another either: accept the lay-off; or first bump an employee with lesser less bargaining unit seniority shall advise the Hospital of within his or her intention bargaining unit (full- time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an subject to do so and layoff who chooses to bump, must bump the position claimed within seven employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (7vi) days after receiving below. Consistent with the opportunity to chain bump all employees who are potentially impacted will be given notice of layoff. For purposes lay off at the outset of the operation of clause an identical-process. An identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee's ’s straight time hourly wage rate. In the event there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with xxxxxx regularly scheduled hours within of the laid off regularly scheduled hours within their classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within h is or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. In the event that there are no employees in either bargaining unit with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this is article, a laid-off employee shall will have the right to displace another an employee with lesser seniority less seniority, who is has scheduled hours equal to or less than the least senior employee laid off, in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid-laid off employee's straight-’s straight time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, rate provided he or she has the ability to is qualified for and can perform the work before such opening is filled on a regular basis under a job posting procedureduties without training other than orientation. The posting procedure in decision of 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 Hospital choose or above shall not act be given in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning writing to the position held prior to Administrator within three days following the layoff should it become vacant within six (6) months notification of being recalledlay-off. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed Employees failing to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall so will 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of have accepted the lay-off, and arranges with the Hospital the appropriate payment hed I e..
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the work force beyond normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. attrition.
B. 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit Employee shall be laid off by reason pursuant to a necessary reduction in the work force unless said Employee shall have been notified of duties being assigned said layoff at least fifteen (15) work days prior to one or more part-time employeesthe effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a reduction in the work hours of an employee, the Hospital shall pay its share of insured benefits premiums employee may claim seniority over another employee in the same classification for the duration purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up employee he/she seeks to the end of the month in which the lay-off occursreplace. The employee mayreplaced shall be the least senior employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, if possible under and at his/her option, be granted priority status on the terms and conditions substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the insurance benefits programs, continue to pay the full premium cost of a benefit classification from which they were laid off or benefits for up to three (3) months following the end of the month in classifications in which they have seniority. Qualified is defined as meeting the lay-off occursminimum requirements for the position.
G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employee's records. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at The recall notice shall state the time and date on which the Employee is to report back to work. It shall be the Employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the lay-offposition on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an employee declines recall or fails to report within the aforementioned time limits, this shall constitute his/her resignation from employment and arranges with forfeiture of his/her seniority and employment rights.
H. A laid off Employee shall lose all recall rights in the Hospital event he/she is not recalled within one (1) year from the appropriate payment hed I e.effective date of layoff.
Appears in 1 contract
Samples: Bus Driver Agreement
Layoff and Recall. An Section 1. In the event the Employer finds it necessary to lay off employees due to lack of work, such layoffs shall be on the basis of the employee's Classification Seniority with the Employer. The employee with the least seniority in receipt the classification affected shall be the first to be laid off.
Section 2. Employees shall be given fourteen (14) calendar days’ notice, in cases of notice layoff, except for circumstances that are unforeseeable by management.
Section 3. Laid off employees shall be given preference in reemployment if qualified. In the event of layoff pursuant to may: accept recall, employees shall be recalled in the reverse order of the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms .
Section 4. The affected employee(s) may exercise one of the Hospitals of Ontario Pension Plan as outlined in Article or displace another following options:
a) The employee who has lesser bargaining unit seniority may bump a less senior employee in the same or lower pay grade within their respective classification, or the employee may bump a lower less senior employee in his or an identical-paying her former classification if his or her seniority in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements former classification exceeds that of the jobleast senior employee in that classification. An The employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is may bump the least senior employee in the same or lower pay grade within their respective classification, or that employee may bump the least senior employee in his or her former classification and where if his or her seniority in the straight-time hourly rate at the level of service corresponding to former classification exceeds that of the least senior employee is in that classification.
b) The affected employee(s) may opt to fill a vacancy in their own or lower pay grade in any classification if, in the Employer’s opinion, they are qualified and have the ability to perform within of the laid-that classification.
c) Employee(s) who have been laid off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, displaced shall have the right of recall to accept the any former job classification or any other job classification for which they are minimally qualified in their own or lower pay rate.
d) When work becomes available in that employee's classification from which they were laid off or displaced, they will be recalled in reverse order of their layoff or displace another employee in accordance with (adisplacement.
e) and 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 For the purposes of recall notification the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital Employer shall notify the employee of recall opportunity by registered maila reliable, addressed to documented, means at the last known address on record with supplied by the Hospital employee. Employees must notify the Employer within five (which notification shall be deemed to be received on the second day following 5) working days of the date the message was received of mailing)their intent to report to work after notification. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee Employees shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee work within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following working days after indicating their willingness to be reinstated, unless there are mitigating circumstances and a mutual agreement has been reached by the end of Employer and Employee and/or the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff the Board will, except in case of an employeeemergency or economic necessity, honor staff contracts during the Hospital school year. Reductions will be effectuated at the start of the following school year utilizing the following procedure.
a. Layoffs shall pay its share of insured benefits premiums be by department (Special Education, General Education, Career Technical Education) utilizing the following criteria:
1. Certification and/or other State or Federally mandated qualifications.
2. Seniority. Probationary employees will be laid off first except when no non-probationary employee is certified and qualified to fill the vacancy.
B. 1. If for any reason the Board anticipates a reduction in staff for the duration following year, it shall, prior to taking formal action, consult with the association to receive recommendations regarding priorities and procedures to be followed.
2. The Board shall, except in case of emergency, give sixty (60) calendar days notice prior to the effective date of the five-month layoff.
3. Changes in a staff member's certification while on layoff shall not affect the individual's status during the layoff period. Since layoffs are not to be effectuated until the fall, all staff members subject to layoff for the following school year shall not lose their fringe benefits or salary over the summer months afforded them under this Agreement and individual or supplemental employment contracts.
4. Any staff member on layoff shall be recalled in inverse order of layoff provided he/she is certified and qualified for the vacancy. No new staff member shall be employed by the Board while there are staff members of the district who are laid off unless there are no laid off staff members with proper certification and qualifications to fill any vacancy which may arise.
5. The Board shall give written notice period provided for of recall from layoff by sending a registered or certified letter, return receipt requested, to said staff member at his/her last known address. It shall be the responsibility of each staff member to notify the Board of any changes of address. The staff member's address as it appears on the Board's records shall be conclusive when used in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employeeconnection with layoffs, the Hospital shall pay its share of insured benefits premiums up recall or other notice to the end staff member. Staff members shall respond to a notice of recall within three (3) weeks following the month sending of said notice or shall lose all rights of recall and employment in which the District.
6. Recall from layoff is limited to two (2) years after date the lay-off occursbecomes effective.
7. The Any employee may, if possible who is laid off and who is paid unemployment benefits (associated with his/her regular teaching assignment) during the summer immediately following the layoff and who is subsequently recalled to a teaching position prior to September 1 of the next school year shall have his/her teaching compensation reduced by the gross dollar amount of the unemployment compensation benefits he/she received in the summer.
C. 1. Seniority is defined as the length of continuous service commencing with the employee's beginning date of employment in the department. Part-time employment shall be credited on the basis of service credited under the terms and conditions of Michigan Public School Employees Retirement System. Seniority does not accrue during unpaid leaves, layoff periods or periods served in administration; however, an employee returning from such will be credited with seniority, which he/she has accrued prior to the insurance benefits programsleave, continue to pay the full premium cost of a benefit layoff or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.administrative service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee When there is a reduction in receipt the workforce, the Employer agrees that Employees shall be laid off in the reverse order of their classification seniority. The Employees shall be recalled to work in order of their classification seniority. In the event of a reduction in the workforce, all probationary Employees in the job classification affected in the Plant, shall be laid off before any Employee with seniority is laid off. Employees on temporary assignments shall be removed before any Employee on a permanent job. All temporary assignments will be cancelled before any layoff in that classification. Employees with seniority rights in accordance with this Agreement shall be scheduled for layoff within the affected job classification in reverse order by job classification seniority plant wide and may exercise bumping rights.
i) He or she may accept layoff rather than exercise bumping rights, or
ii) He or she may elect to displace the Employee holding least seniority at the next succeeding downward progression in the flow chart. The Company will give the Employee the required notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance and applicable pay as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice provided in accordance with Article An employee who chooses the Employment Standards Act. Notice of layoff will be made to exercise the right Union at least five (5) working days prior to displace another employee with lesser seniority the Notice required under the Employment Standards Act. A laid off Employee shall advise the Hospital be called back to work in order of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the job classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off. A laid off shall have Employee will not be eligible for recall to job classifications which he or she has refused on the privilege way down the progression flow chart. Laid off or surplus Employees should be called back in order of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalledtheir classification seniority. No new employees Employee or Employees shall be hired in the classification until all those laid off Employees from that classification have been given an the 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference are entitled to apply for temporary any job vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event arising out of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08job posting." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt On or before January 1 of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 aboveeach year, the Hospital Village shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning prepare and forward to the position held prior to Labor Council a list setting forth the layoff should it become vacant within six (6) months of being recalledseniority dates for all employees covered by this Agreement. 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff Officers shall be given preference for temporary vacancies which are expected to exceed ten thirty (1030) 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 bargaining unit shall be laid off by reason ' written notice of duties being assigned to one or more part-time employeesa reduction in force. In the event of a layoff reduction in force, seniority shall prevail and the officers so reduced in rank or laid off shall be considered furloughed without pay from the positions from which they were reduced or removed. Such reductions and removals shall be in strict compliance with seniority as set forth below and in no event shall any officer be reduced more than one rank in a reduction in force. Officers with the least seniority in the position to be reduced shall be reduced to the next lower rated position. For purposes of an employeedetermining which officers will be reduced in rank, seniority shall be determined by adding the Hospital time spent at the rank or position from which the officer is to be reduced and the time spent at any higher rank or position in the Department. For purposes of determining which officers in the lowest rank or position shall pay its share of insured benefits premiums for be removed from the duration of the five-month notice period provided for Department in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off layoff, length of an employeeservice in the Department shall be the basis for determining seniority, with the Hospital shall pay its share of insured benefits premiums up to least senior such officer being the end of the month in which the lay-off occurs. The employee may, if possible under the terms first so removed and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurslaid off. Such payment can officers laid off shall have their names placed on a reemployment list in the reverse order of dates of layoff. Officers shall remain on the reemployment list for twelve (12) months. If any positions which have been vacated because of reduction in forces or displacement and abolition of positions are reinstated, such officers as are furloughed from the said positions shall be notified by registered mail of such reinstatement of positions and shall have prior right to such positions if otherwise qualified, and in all cases seniority shall prevail. Written application for such reinstated position must be made through by the payroll office furloughed person within 30 days after notification as above provided and such person may be required to submit to examination by physicians of both the Hospital provided that the employee informs the Hospital board of his or her intent to do so at the time of the lay-off, fire and arranges with the Hospital police commissioners and the appropriate payment hed I e.pension board to determine his physical fitness.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An A. If it becomes necessary to reduce the number of employees in a job classification due to abolishment of positions, lack of funds, or lack of work, the following procedure shall govern such layoff.
B. The number of people affected by reduction in the force will be kept to a minimum by not employing replacements, insofar as is practical, of employees who resign, retire, or otherwise vacate a position. The Board of Education retains the unqualified right to non‐ renew employees.
C. When it becomes necessary to lay off employee for the reasons as stated above, layoffs shall be by classification seniority with the least senior employees laid off first. Classification seniority shall be determined by the number of years of experience in the classification, in the School District as determined by the date of the most current hiring by the Board as a regular classified employee in receipt that classification. In the case of notice identical classification seniority, the total number of layoff pursuant years of experience in the school district, regardless of classification, will be utilized. *Seniority shall not accumulate while an employee is on suspension. Authorized leaves of absence do not constitute an interruption in continuous service.
D. Employees who have worked previously in another classification, and are subject to may: accept layoff, may displace another person in their previous classification(s) providing the layoff; or opt to receive a separation allowance as outlined displacing employee has more classification seniority than the displaced employee, and in Article 9.12; or opt to retire, if eligible under the terms judgment of the Hospitals Superintendent, the individual currently possesses the necessary qualifications for the position being sought. The following classifications shall be used for the purpose of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit defining classification seniority in the same or a lower or an identical-paying classification event of layoff: Food Service Employees (including head cook, assistant cook, lunchroom worker, and cashier) Bus Driver Aide (instructional, library, monitors (bus aide), clerical, paraprofessional, special education, teacher assistant, attendant) Custodian Secretary District Maintenance Technology Maintenance
E. The Board of Education shall determine in which classification(s) the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so should occur and the position claimed within seven (7) days after receiving the notice number of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding people to that of the be laid off employee is within of the laid off employee's straight time hourly wage rateoff. In the event that there are no classification(s) of layoff, employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit limited contracts shall be laid off by reason before an employee in that classification employed under a continuing contract is laid off.
F. Twenty (20) days prior to the effective date of duties being assigned to one or more part-time employees. In the event of a layoff of an employeelayoffs, the Hospital Board of Education shall pay its share of insured benefits premiums prepare and post for inspection in an accessible place at the duration Board Office, a list containing the names, seniority dates and classifications, and indicate which employees are to be laid off. Each employee to be laid off shall be given two (2) weeks advance written notice of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurslayoff. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at At the time of the lay-offposting, and arranges with a copy of the Hospital above mentioned list shall be sent to the appropriate payment hed I e.Union President.
1. Reasons for the layoff or reduction
2. The effective date of layoff.
3. Statement advising the employee of his/her rights of reinstatement from the layoff.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee A. Layoff means a reduction in receipt the working force due to a decrease of notice of layoff pursuant to may: accept work or limitation or reduction in operating funds or any other condition beyond the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms control of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in Board.
B. If it becomes necessary for a layoff, all part-time employees followed immediately by full-time probationary employees within the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall affected classifications will be deemed to have been laid off first. Seniority employees laid off from their positions will have bumping rights within their classification on the basis of their department seniority and shall will be entitled to notice in accordance with Article An employee who chooses to exercise bump the right to displace another employee with lesser the least department seniority shall advise the Hospital of his or her intention to do so and the position claimed currently in that classification. Lateral bumping must be requested, in writing, within seven ten (710) calendar days after receiving from the notice of layoff.
C. Any employee not possessing the necessary department seniority or desiring to bump laterally as outlined in (B.) above may opt to exercise their seniority by bumping the employee with the least department seniority, providing the position is equal in pay or in a lower classification than the employee currently holds and the employee meets the qualifications for the position. For purposes Classification ranking will be determined on the basis of wage rates on the operation of clause an identical-paying classification shall include any classification where Salary Schedule.
D. An employee not possessing the straight-time hourly wage necessary seniority to bump within a department can exercise seniority gained in a former department and bump the employee with the least seniority in a previously held or lower classification.
E. Any employee who assumes a new job assignment due to the layoff procedure will also assume the salary rate at the level of service corresponding for that position.
F. Employees to that of the be laid off employee is within will have at least fourteen (14) calendar days notice of the their intended layoff. The Chairperson and Chief Xxxxxxx shall receive a list of employees being laid off.
G. Employees laid off employee's straight time hourly wage rate. In through the event that there are no employees with lesser procedure as stated in this Article shall be maintained on a recall list for a period of two (2) years or length of seniority in the same District, whichever is shorter and shall be recalled in reverse order of their layoff.
H. The Employer may transfer within the departmental classifications on a District-wide basis where operating staff in one or a lower more buildings is reduced due to layoff.
I. Notice of recall shall be sent to the employee at his/her last known address by registered or identical-paying classificationcertified mail. If an employee fails to report for work within fourteen (14) calendar days from date of mailing of recall notice, he/she shall be considered as defined having quit.
X. Each employee is responsible for keeping the Employer advised, in this articlewriting, a laid-off employee of any change of address and will not be excused for failure to report for work on recall if he/she fails to receive recall notice because of his/her own failure to advise the Employer, in writing, of his/her change of address.
K. The Employer shall have the right no obligation to displace another employee with lesser seniority recall probationary employees who may be laid off.
L. It is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to clearly understood that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was any individual laid off shall have automatically terminate and suspend the privilege of returning Employer’s obligation to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall salary or fringe benefits under this collective bargaining agreement or any other agreement.
M. Should an employee 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No offered a full-time employee within position and refuse such appointment, he/she will lose his/her right to remain on the bargaining unit seniority recall list and shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08considered as having quit." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. In the event of layoff, 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 have the ability to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-paying identical classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the jobwithout training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article off. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying identical classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser lessor seniority in the same or a lower or identical-paying classification, classifications as defined in this article, a laid-laid off employee shall will have the right to displace another the employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid-laid off employee's straight-’s straight time hourly rate. An employee who is subject to layoff rate provided can perform the duties without training other than a layoff of a permanent or long-term nature including a full time orientation. Such employee whose hours of work are, subject to Article reduced, so displaced shall have the right to accept the layoff or displace another employee in accordance with (a) and abovebe laid off. An employee shall have the 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 completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months 6)months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall available. It is sole responsibility of the employee who has been laid off to notify the employee Hospital of recall opportunity his intention to return to work (within five 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 Hospital (which notification shall be deemed to be 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 to work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who 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 bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. Io In the event of that a layoff of commenced on the day immediately following a paid holiday, an employee, the Hospital employee otherwise qualified for holiday pay shall pay its share of insured benefits premiums for the duration not be disentitled thereto solely because of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in day on which the laylayoff commenced. A laid off employees shall retain the rights of recall for a period of twenty-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three four (324) months following the end from date of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoff.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept In the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms event of the Hospitals Hospital shall lay offemployees in the reverse order of Ontario Pension Plan as outlined in Article or their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An who is subject to layoff shall have the right to either: Accept the layoff;or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article Note: An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid laid-off employee is within of the laid laid-off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a laid-off employee shall will have the right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid-off employee is within of the laidemployee's straight time hourly rate provided he can perform the duties without training other than orientation. Such employee so displaced shall be laid off The decision of the employee to choose or above shall be given in writing to the designated hospital representative within ten (10) working days (excluding Saturday, Sunday and Holidays) following the notification of lay-off employee's straightEmployees failing to do so will be deemed to have accepted lay-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. off An employee shall have the 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 work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee In the event of a proposed layoff of a permanent or long-term nature, the Home will provide the Union with at least eight (8) weeks notice. This notice is not in receipt additionto required notice for individual employees. In the event of notice a layoff of layoff pursuant to may: accept a permanent or long-term nature, the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to Home will provide affected employees with notice in accordance with Article the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than Iyears I weeks notice if her service is greater than years weeks notice In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the skills to perform the work. An employee who chooses is subject to exercise lay-off shall have the right to displace another either: accept the lay-off; or first bump an employee with lesser less bargaining unit seniority shall advise the Hospital of within his or her intention bargaining unit (full-time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can performthe duties of the lower or identical paying classification without training other than orientation. Chain bumping will be allowed with the understanding that an employee subject to do so and layoff who chooses to bump, must bump the position claimed within seven employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (7vi) days after receiving below. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff. For purposes lay off at the outset of the operation of clause an identical-process. An identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1 of the laid off employees straight time hourly wage rate. Inthe event that there are no employees within the laid off employee’s classification in either bargaining unit with lesser seniority who have scheduled hours equal to, or less than the employee being laid off, such employee may bump a less senior employee with greater regularly scheduled hours within of the laid off employee's straight ’s regularly scheduled hours within her classification. When an employee subject to layoff chooses to bump and there are no employees with less seniority within his or her bargaining unit, the seniority lists will be merged and the laid off employee may bump into the other bargaining unit. It is understood and agreed that if a part-time hourly wage rateemployee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. In the event that there are no employees with in either lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a laid-off employee shall will have the right to displace another an employee with lesser seniority less seniority, who is has scheduled hours equal to or less than the least senior employee laid off, in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid-laid off employee's straight-’s straight time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, rate provided he or she has is qualified for and c the ability to perform the work before such opening is filled on a regular basis under a job posting procedureduties without training other than orientation. The posting procedure in decision of 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 Hospital shall not act in an arbitrary choose or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff above shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up writing to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to Administrator within three (3) months days following the end notification of the month in which the lay-off occursoff. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent Employees failing to do so at the time of will be deemed to have accepted the lay-off, and arranges with the Hospital the appropriate payment hed I e..
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee a. If, in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms sole discretion of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in Board, it is determined that a layoff is necessary for any reason, the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced following procedures shall govern such layoff.
a.1.1 Affected employees shall be deemed to have been laid off and shall be entitled according to notice in accordance with Article An employee who chooses to exercise seniority within the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying job classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee laid off first.
b. Seniority shall be as defined in Chapter 3, Article 1.01.
c. The following classifications shall be used for the purpose of defining classification in the classification and where the straight-time hourly rate at the level event of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, layoff: ● Bus Drivers ● Mechanics ● Maintenance ● Secretaries ● Cooks ● Custodians ● Aides
d. The Board shall have the right to accept determine in which classifications the layoff or displace another employee in accordance with (a) shall occur and above. An employee shall have opportunity the number of recall from a layoff employees 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 completebe laid off. In determining the ability classification of an employee to perform the work for the purposes of the paragraphs abovelayoff, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of least seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties first. However, full time employees within a given classification shall not be laid off when part time employees are working.
e. A full time employee who is being assigned to one laid off in his/her current job classification may transfer his/her seniority into another job classification if that employee worked in that job classification for Fairfield Local Schools and is qualified (or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee maylicensed, if possible under the terms and conditions of the insurance benefits programs, continue required) to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month work in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so job classification at the time of the lay-layoff notification. He/she will be placed at the salary step commensurate with his/her experience in that classification.
f. At least seven (7) calendar days prior to the effective date of layoffs, the Board shall prepare and share via email a list containing the names, seniority dates and classifications of those employees who are to be laid off. A copy of this posting shall be provided to the FEA. Employees laid off shall be paid for all earned but unpaid overtime and vacation days (if the employee desires or so requests) no later than fourteen (14) calendar days following the
g. For the classification in which the layoff occurs, the Board shall prepare a reinstatement list and arranges the names of all employees who have been laid off shall be placed on a reinstatement list in the reverse order of layoff.
h. After complying with Chapter 3, Article 1.04, recalls which occur in the Hospital classification of layoff shall be offered to the appropriate payment hed I e.senior most employee in said classification by certified mail to the employee's last known address. Any employee who declines reinstatement or fails to respond within fourteen (14) calendar days of receipt of notice of recall shall be removed from the reinstatement list and shall be considered terminated. If the notice is refused, unclaimed or not deliverable, the employee will be deemed to have declined reinstatement and to have terminated his/her employment fourteen (14) calendar days after postal delivery by certified mail was attempted.
i. The employee shall remain on the reinstatement list for a period of two (2) years from the effective date of layoff. If reinstated from layoff during this period, such employee shall retain all previously accumulated seniority.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee If the City determines that it is necessary to discontinue a job classification or reduce the number of employees in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retirejob classification, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority temporary employees working in the same or a lower or an identical-paying job classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoffremoved first. For purposes of the operation of clause an identical-paying classification shall include any classification where the straightThereafter, regular, part-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no permanent employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee probationary period in the classification and where shall be removed first; thereafter, full- time employees in a probationary period in the straight-time hourly rate at classification shall be removed. If further reduction is necessary, permanent employees in the level job classification shall be laid off in reverse order of service corresponding their seniority. Employees laid off from a job classification in a division must first exercise their seniority either to another job classification with an equal or lower wage scale within their division or to another division within their job classification. If a position is not available that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 present ability to satisfactorily perform the work before such opening is filled on with a regular basis under a job posting procedure. The posting procedure break-in the collective agreement shall or training period of 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) regularly scheduled working days, or a reduction in pay of not more than twenty-five cents ($.25), then the employee must exercise his seniority to displace an employee in any other job classification with an equal or lower wage scale, provided that in the judgment of the City he will have the ability to satisfactorily perform all of the duties of the position with the benefit of a training period that will not exceed ten (10) regularly scheduled working days. An The employer agrees to notify an employee who has been recalled to such temporary vacancy shall and the Union president in writing if the employee does not be required to accept such recall and may instead remain on layoff. No full-time employee within satisfactorily perform the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occursnew position. The employee mayshall then exercise his or her seniority to displace an employee in any other job classification with an equal or lower wage scale, if possible under provided that in the terms and conditions judgment of the insurance benefits programs, continue City the employee will have the ability to pay satisfactorily perform all of the full premium cost duties of the position with the benefit of a training period that will not exceed (10) regularly scheduled working day. If, during a layoff an employee changes divisions or job classification, he shall displace the employee with the least amount of seniority in the classification and division he will be occupying. Employees will be recalled on the basis of seniority, provided they have the present ability to perform the available work with a break-in or training period of not to exceed ten (10) regularly scheduled working days.
(a) Notwithstanding the above, an employee in the custodian job classification may bump up into the laborer job classification should he have the present ability to satisfactorily perfmm the available work with the benefit or benefits for up of a training period of not to exceed three (3) months following working days.
(b) Any back pay liability involving an employee who was not properly recalled to work shall start no sooner than eight (8) working days after a grievance is filed challenging the end of recall procedure and naming the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.affected employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An A. When there is a reduction in the working force, bargaining unit members shall be laid off in accordance with seniority and qualifications; that is the employee in receipt of notice of layoff pursuant to may: accept with the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace least seniority shall be laid off first provided another employee who has lesser is qualified to perform the work. In the selection of employees for layoff, the school district shall retain those bargaining unit members with the greatest seniority in the same or a lower or an identical-paying classification in provided the bargaining unit if member is qualified to perform the employee originally subject to layoff has work. Qualifications shall be determined by verified experience, or training, or certification, or the ability to meet become certified within thirty (30) work days.
B. Whenever a bargaining unit member is to be laid off, the normal requirements school district shall notify the bargaining unit member and the Association president by mailing notice within ten (10) working days of the jobBoard meeting in which the Board took layoff action, except in case of emergency. An employee so displaced In no event shall a bargaining unit member receive less than thirty (30) work days written notice of layoff.
C. Laid-off bargaining unit members shall be deemed to have been laid off and shall be entitled to notice recalled in accordance with Article An employee who chooses to exercise seniority; that is, the right to displace another employee bargaining unit member with lesser the greatest seniority shall advise be recalled first, provided they have the Hospital ability and are able to perform the duties of his or her intention to do so and the position claimed job that is open.
D. When recalling laid-off bargaining unit members, the School District will notify them by certified mail at the last known address. If such bargaining unit member does not notify the school district within seven (7) working days after receiving from the mailing date of such notice of layoff. For purposes of that he/she will report for work on the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same date specified, or give a lower or identical-paying classificationlegitimate reason, as defined in this articledetermined by the Superintendent, a laid-off employee shall have the right to displace another employee with lesser for delay beyond such time, he/she will be considered as having quit and all seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. terminated.
E. In the event of a layoff reduction in the work hours in a classification, bargaining unit members with the greater seniority, if qualified, may use same to maintain his/her normal work schedule by displacing bargaining unit members with less seniority on the work schedule. In no case shall a reduction of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month any bargaining unit member's work hours take effect until ten (10) work days after written notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of affected bargaining unit member(s) is given by the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Employer.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee 19.01 A layoff shall be defined as a reduction in receipt the work force or a reduction in the hours of notice work per week which is expected to last for more than two weeks. Transfer of staff from one work site to another, due to a change in staffing requirements, shall not be deemed a layoff. This article shall not apply to layoffs which result from the Christmas Break, Winter Break and Summer Break periods which pertain to Members engaged to work on a school- year basis.
19.02 The Board agrees that in the event of a layoff, Members of a job classification will be laid off in reverse order of seniority in the Bargaining Unit, and shall continue to accumulate seniority for up to eighteen (18) months while on layoff. Ties in seniority will be broken as follows:
a) the total hours worked in temporary or replacement positions with the Board, or one of its predecessor Boards, within the twelve (12) months previous to the date of permanent hire; and then
b) by lot drawn by the Director or designate in the presence of a Bargaining Unit representative.
19.03 Such Member shall have the choice of accepting the layoff pursuant to may: accept the layoff; or opt to receive bumping a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit Member with less seniority in the same wage rate level or in a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed wage rate level within seven (7) days after of receiving the notice of layoff. For purposes , provided that Member concerned has the suitable skills, abilities, qualifications and past work records to perform the job.
19.04 Such Member will receive the wage rate of the operation of clause an identical-paying classification shall include any classification where new position, closest to but not lower than the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly Member’s current wage rate. In The Member will then move through the event new grid according to the experience obtained in that there are no employees with lesser seniority in new position, starting from the same or a Member’s initial position on the new grid.
19.05 Notwithstanding 19.04, if the highest wage rate for the new classification level is lower or identical-paying classificationthan the Member’s current wage rate, as defined in this articleafter six (6) months, a laid-off employee the Member shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate be paid at the level of service corresponding to that of highest wage rate within the employee is within of new classification. For the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within first six (6) months of being recalled. No new employees following transfer, a Member shall not receive a reduction in hourly wage rate.
19.06 Members who have changed positions under this article shall have the opportunity for reinstatement to their former position, if such becomes available, through the voluntary transfer process under Article 12.
19.07 The Member reinstated through 19.06 shall be hired until all those laid off reinstated at the wage rate that would have been given an opportunity to return to work and have failed to do so, in accordance with the loss attained had there been no change of seniority provision, or have been found unable to perform the work available The Hospital position.
19.08 Permanent Members shall notify the employee be notified of recall opportunity by registered mail, addressed layoff at least two (2) weeks prior to the last address on record with the Hospital (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 effective date, unless legislation 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up favourable to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.employees.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the A. The word “layoff; or opt to receive ” means a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or work force.
B. In the event it becomes necessary for a lower or an identical-paying classification in layoff, the bargaining unit if Employer shall meet with the employee originally subject Union representatives at least three (3) weeks prior to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice effective date of layoff. For purposes At such meeting the Employer shall submit a list of the operation number of clause an identical-paying employees scheduled for layoff, their names, seniority, job titles and work locations.
C. If it becomes necessary to layoff either twelve (12) month employees or school year employees during the time they normally would be working, the following procedures will be mandatory:
1. Probationary and temporary employees in the classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the will be laid off first.
2. Seniority employees will be laid off in inverse order of seniority by classification, provided the retained employee is within of capable and qualified.
3. When a senior employee is scheduled for layoff, the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser bump a lower seniority who is the least senior employee in the same classification and where with the straight-time hourly rate at same number of hours or less, provided the level of service corresponding to that of the retained employee is within of the laid-off employee's straight-time hourly ratecapable and qualified.
4. An A seniority employee who is subject scheduled to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, be laid off shall have the right to accept displace the lowest seniority employee with the same number of hours or less in any classification provided the employee scheduled to be laid off has earned seniority in that classification, as set forth in Article VIII, Section A and is qualified to hold the position. The bumping employee must have more seniority in the classification than the employee being bumped.
5. A one-on-one paraprofessional is defined as a paraprofessional who is assigned to the same special needs student all day, every day, per IEP. A one-on-one paraprofessional may bump the least senior paraprofessional (not a one-on-one), but not during the school year. Should a member happen to lose this position during the school year, every reasonable effort will be made to utilize this person as a substitute during the school year.
6. The employee may remain on the layoff list for a maximum of a two year continuous period or displace another the length of their seniority, whichever is less, during which time his/her seniority shall be frozen.
7. Employees to be laid off will receive at least fourteen (14) days’ advance notice of the layoff except for emergencies or unforeseen circumstances at which time the District will notify employees immediately.
8. Employees subject to layoff may choose to retain or be paid for appropriate vacation time.
9. If an employee in accordance with (a) and abovevoluntarily leaves his/her classification he/she cannot later bump back into that classification.
10. An employee shall eight (8) hour paraprofessional does not have opportunity of recall from to accept 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months hour position, but may bump the least senior eight (8) hour person in the classification.
11. During a layoff mode, an employee may opt for a voluntary layoff in order to keep a lower senior person in a position, provided that the less senior person is capable of doing the work per the most recent job posting.
D. The Employer shall not reduce the normal work week in lieu of making layoffs. When the working force is increased after a layoff, employees will be recalled according to seniority within their classification, with the most senior employees on layoff being recalled. No new employees recalled first Notice of recall shall be hired until all those laid off have been given an opportunity sent 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 The Hospital shall notify the employee of recall opportunity at his/her last known address by registered or certified mail, addressed . If an employee fails to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed work within ten (10) working days. An calendar days from the date of mailing of notice of recall, he/she shall be considered a quit.
E. Any school year bargaining unit employee who has been collects unemployment compensation during the summer months (MESC’s “summer denial period”) and who is recalled before the start of his/her normal year to such temporary vacancy a position with the same or more hours of work, is obligated to reimburse the district the amount of unemployment compensation collected during the summer months notwithstanding the above. If the employee receives a layoff notice indicating they have no guarantee of employment, this section shall not be required apply. The District is authorized to accept such recall and may instead remain on layoff. 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. In the event of obtain repayment through a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration payroll deduction of the five-month notice period provided for appropriate amount in Article 9.08." O BENEFITS ON LAYOFF equal payments over the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms entire year and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges consistent with the Hospital the appropriate payment hed I e.FLSA and Michigan Wage and Hour Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the A. The word "layoff; or opt to receive " means a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority reduction in the same or work force.
B. In the event it becomes necessary for a lower or an identical-paying classification in layoff, the bargaining unit if Employer shall meet with the employee originally subject Union representatives at least three (3) weeks prior to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice effective date of layoff. For purposes At such meeting the Employer shall submit a list of the operation number of clause an identical-paying employees scheduled for layoff, their names, seniority, job titles and work locations.
C. If it becomes necessary to layoff either twelve (12) month employees or school year employees during the time they normally would be working, the following procedures will be mandatory:
1. Probationary and temporary employees in the classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the will be laid off first.
2. Seniority employees will be laid off in inverse order of seniority by classification, provided the retained employee is within of capable and qualified.
3. When a senior employee is scheduled for layoff, the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser bump the lowest seniority who is the least senior employee in the same classification and where with the straight-time hourly rate at same number of hours or less, provided the level of service corresponding to that of the retained employee is within of the laid-off employee's straight-time hourly ratecapable and qualified.
4. An A seniority employee who is subject scheduled to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, be laid off shall have the right to accept displace the lowest seniority employee with the same number of hours or less in any classification provided the employee scheduled to be laid off has earned seniority in that classification, as set forth in Article VIII, Section A and is qualified to hold the position. The bumping employee must have more seniority in the classification than the employee being bumped.
5. A one-on-one paraprofessional is defined as a paraprofessional who is assigned to the same special needs student all day, every day, per IEP. One-on-one paraprofessionals are excluded from the bumping process. A one-on-one paraprofessional may bump the least senior paraprofessional (not a one-on-one).
6. The employee may remain on the layoff list for a maximum of a two year continuous period or displace another the length of their seniority, whichever is less, during which time his/her seniority shall be frozen.
7. Employees to be laid off will receive at least fourteen (14) days' advance notice of the layoff except for emergencies or unforeseen circumstances at which time the District will notify employees immediately.
8. Employees subject to layoff may choose to retain or be paid for appropriate vacation time.
9. If an employee in accordance with (a) and abovevoluntarily leaves his/her classification he/she cannot later bump back into that classification.
10. An employee shall eight (8) hour paraprofessional does not have opportunity of recall from to accept 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months hour position, but may bump the least senior eight (8) hour person in the classification excluding one-on-one Paraprofessionals.
D. The Employer shall not reduce the normal work week in lieu of making layoffs. When the working force is increased after a layoff, employees will be recalled according to seniority within their classification, with the most senior employees on layoff being recalledrecalled first. No new employees Notice of recall shall be hired until all those laid off have been given an opportunity sent 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 The Hospital shall notify the employee of recall opportunity at his/her last known address by registered or certified mail, addressed . If an employee fails to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed work within ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within calendar days from the bargaining unit date of mailing of notice of recall, he/she shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of considered a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08quit." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. Collective Agreement between The Ottawa Hospital and and its Local Expiry September Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee employees is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this articleArticle, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within fifteen percent (15%) of the laid-off employee's ’s straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full full-time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, 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 completework. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date day 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 Collective Agreement between The Ottawa Hospital and and its Local Expiry September employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.Article
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. A. All bargaining unit members shall be considered as probationary until they have successfully completed the sixty (60) calendar day probationary period. Seniority for all bargaining unit members shall be defined as length of service within the district as of each bargaining unit member's first working day. However, seniority shall not be vested until the end of the probationary period even though seniority shall be the primary factor for all layoffs, probationary and permanent alike.
B. After serving the probationary period, the employee shall not serve another probationary period when moving to a new position on a voluntary basis. In such a move there will be a trial period. This trial period shall not be longer than 45 working days. At any time between the 30th working day and the 45th working day, either the supervisor or the bargaining unit member may choose to return the bargaining unit member to the previous position. By mutual agreement the employee and the supervisor may elect to adjust the time periods above.
C. Seniority shall be by classification groups. An employee in receipt a higher classification shall accrue seniority in all lower classifications for which the employee is qualified. When an employee is promoted to a higher job category, she takes with her all seniority earned in all lower categories, but is prohibited from exercising it in the higher category for a period of notice one year.
D. If two or more employees are hired on the same day, the employee's last four (4) digits of layoff pursuant their social security number shall be totaled to may: accept determine the layoff; or opt highest sum. The employee with the highest sum shall have the higher seniority ranking. If there is still a tie, it will be broken through a lottery. Placement due to receive the tie breaker shall not be changed.
E. The employer shall furnish a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms copy of the Hospitals of Ontario Pension Plan as outlined seniority list to the union and said list shall be posted in Article or displace another employee who has lesser each bargaining unit workplace. Said seniority in list shall show the same or a lower or an identical-paying classification in the seniority of each bargaining unit if member, and shall be posted once by December 1. It shall be the employee originally subject responsibility of each bargaining unit member to layoff has promptly check the ability to meet seniority list for accuracy. If a bargaining unit member or the normal requirements union does not believe that the seniority, and/or classification is correctly shown on the list, the Personnel Director shall be notified, in writing, of the joballeged error within ten (10) working days of the list's final day of posting. An employee so displaced If no challenges are raised during the above period, the seniority list shall be deemed to have been laid off and be accurate. After this period, the seniority list shall be entitled frozen until reposted the next December 1. The employer shall incur no liability for relying on the seniority list once the challenge period has ended.
F. During a reduction in the work force, the employee(s) occupying the position(s) to notice be eliminated will be laid off.
1. The employee whose position is being eliminated or reduced may bump laterally the person with the lowest seniority in accordance with Article An that classification provided she is qualified, or the second lowest seniority employee who chooses in that classification if the bumping employee's qualifications are a problem.
2. If the displaced employee cannot bump laterally (as provided in 1 above) she may go to the next lower class and bump the lowest in seniority or succeeding lower classes if necessary, provided she is higher in seniority and is qualified, or the second lowest seniority employee in that classification if qualifications are a problem.
3. Such employees displaced by this process shall be able to exercise the right same rights as described above. Any employee being moved down to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, classification due to a laid-lay off employee shall have will retain the right to displace another return to that higher classification for a period of one year providing she can fulfill the qualifications.
4. An employee with lesser exercising her seniority who is rights over a less senior employee may elect to bump either the least senior employee in her own work year category; i.e., 10 month, 11 month, or 12 month, or she may elect to bump the least senior employee in the classification other work year category. Part time status will be equal to full time status for purpose of lay off and where recall process.
5. In the straight-event the bargaining unit member has insufficient seniority to retain a position, the bargaining unit member will be laid off from employment with the school district.
6. Bargaining unit members scheduled for layoff for an indefinite period of time hourly rate at shall be given fourteen (14) calendar days written notice before said layoff shall be effectuated. Said notice shall be by certified mail, return receipt requested. It shall be the level of service corresponding to that responsibility of the employee is within bargaining unit member to leave the correct address and/or forwarding address with the Personnel Office.
G. Recall shall be in inverse order of layoff provided the laid-off employee's straight-time hourly ratebargaining unit member recalled has the necessary seniority and the qualifications to satisfactorily do the work. An employee who is subject to layoff other than a layoff Notice of a permanent or long-term nature including a full time employee whose hours of work arerecall shall be by certified mail, subject to Article reduced, return receipt requested. The bargaining unit member shall have fourteen (14) days to report for work after the right receipt of such notice.
H. Seniority shall continue to accept the accrue during layoff or displace another employee in accordance with (a) and 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 but 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within increase by more than six (6) months while on actual layoff, and in no instance shall seniority accrued during layoff exceed seniority accrued prior to layoff. Bargaining unit members shall accrue seniority during leaves specified as seniority accruing leaves in Article IX, Section 9 of being recalled. No new employees the Agreement.
I. Seniority 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums broken for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.reasons:
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee A. Layoff shall be defined as reduction in receipt of notice of layoff work force.
B. No bargaining unit member shall be laid off pursuant to may: accept reduction in the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser work force unless said bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced member shall be deemed to have been laid off and shall be entitled notified of said layoff at least twenty (20) calendar days prior to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice effective date of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority of a reduction in work force the same Employer shall identify the specific position(s) to be eliminated and shall notify the bargaining unit member(s) in those position(s). A bargaining unit member whose position has been eliminated due to reduction in work force or who has been affected by a lower or identical-paying classification, as defined in this article, a laid-off employee layoff- elimination of position shall have the right to displace another employee with lesser seniority who assume a position in her classification(s) as determined by the Board for which she is qualified, which is held by the least senior employee in bargaining unit member who works the classification and where the straight-time hourly rate at the level of service corresponding to that of the same or more hours. Whether an employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees qualified 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 determined by the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing)employer. 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy A new bargaining unit member shall not be required to accept such recall and may instead remain on layoff. No full-time employee within employed by the Employer while there are laid off bargaining unit shall be laid off by reason members who are qualified for a vacant or newly-created position.
C. The Board may reduce work hours of duties being assigned to one some or more part-time all employees rather than reduce the number of employees. In the event of a layoff of an employeereduction in the work hours in a position, the Hospital shall pay its share of insured benefits premiums for supervisor will advise the duration employee of the fivechange in work responsibilities. A qualified bargaining unit member with greater seniority may use same to displace a bargaining unit member with less seniority in the same classification in a position having a greater number of work hours on the work schedule. A reduction of any bargaining unit member's work hours shall not take effect until ten (10) calendar days after written notice to the affected bargaining unit member is given by the Employer.
D. Laid off bargaining unit members shall be recalled in order of seniority with the most senior being recalled first, to any position for which they are qualified.
E. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Employer's records. It shall be the bargaining unit member's responsibility to keep the Employer notified as to her current mailing address. The recall notice shall state the time and date on which the bargaining unit member is to report back to work. A recalled bargaining unit member shall be given five (5) calendar days from receipt of notice, excluding Saturday, Sunday and holidays, to report to work. The Employer may fill the position on a temporary basis until the recalled bargaining unit member can report for work providing the bargaining unit member has indicated an intent to return and reports within a ten (10) day period. Bargaining unit members recalled to full-month notice time work for which they are qualified are obligated to take said work. A bargaining unit member who declines recall to full-time employment for which she is qualified shall forfeit her seniority rights. Recall rights shall terminate two years after the effective date of layoff or after a period provided for in Article 9.08." O BENEFITS ON LAYOFF of time equal to the event employee's length of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums service up to the end a maximum of the month in which the lay-off occurs. The employee mayfive (5) years, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.whichever is greater.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 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 to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identi- cal paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven off. (7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-identical paying classification shall Classification include any classification where the straight-straight time hourly wage rate at the level of service corresponding corre- sponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a.) and 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 purpose of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit Bargaining Unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt A. Seniority shall be determined by a reference to the length of notice continuous employment within the bargaining unit.
B. On October 1 of layoff pursuant to may: accept the layoff; or opt to receive each year, a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms complete list of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification all personnel in the bargaining unit if shall be provided to the employee originally Union President. The list shall be by seniority from most senior to least senior.
C. When in the judgment of the Board of Education, it becomes necessary to eliminate positions in the bargaining unit, the administration will recommend the specific positions to be eliminated and personnel to be terminated and, subject to layoff has concurrence by the ability to meet Board, the normal requirements Director of the jobFinance and Operations shall notify each individual so involved in writing. An employee so displaced scheduled for layoff shall be deemed given no less than two (2) weeks notice or the equivalent in wages.
D. Layoff shall be based on reverse order of seniority within the following two classification schedules:
1. Secretary I, Secretary II, Secretary III, Secretary IV
2. Bookkeeper I, Payroll Budget Grants Coordinator, Bookkeeper II
E. An employee holding a position scheduled for elimination or bumping due to have been layoff may bump the least senior employee within his/her classification or the least senior employee in a lower classification within the same classification schedule subject to the condition that the bumping employee can perform the duties of the employee being bumped as determined by the Superintendent or the Superintendent’s designee. As listed above under D, each job title represents a separate classification for the purpose of the article. The classifications within each schedule are listed in order, from highest to lowest classification. Notwithstanding the above, a Bookkeeper II may bump the least senior Secretary IV.
F. The laid off and individual's name shall be entitled placed on a recall list for a period of one (1) year subject to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority recall in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee order of seniority (from highest to lowest) and shall have the right to displace another employee with lesser seniority who is the least senior employee in be recalled to the classification and where from which he/she was laid off, if the straight-time hourly rate at the level position should become vacant or be reinstated, or to a position in a lower classification. The choice of service corresponding employees to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, be rehired shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of be based upon seniority, provided he or she has the ability to employee can, in the judgment of the Director of Finance and Operation, satisfactorily perform the work before such opening is filled available. Subject to the provisions set forth in this section, a Bookkeeper II may be recalled to a vacant Secretary IV position.
G. No person shall be newly employed in a classification that includes an individual on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has list until all persons on the recall list in that classification have been completenotified by certified mail sent to the individual's last known address and such individuals either are offered employment, or decline such re-employment offer. In determining It shall be the ability laid off individual's responsibility to notify the Director of Finance and Operations of his/her current address. An individual who declines an offer of re-employment shall forfeit recall rights. Failure to respond in writing to a notice of an employee to perform opening within ten (10) working days after the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification mailing thereof shall be deemed to be received on the second day following refusal to accept re- employment. Returning individuals must return to work within twenty-one (21) calendar days from the date of mailing)the mailing of the notification, or when the position becomes available, whichever occurs last. The notification shall state the job A failure to which the employee is eligible return 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 Hospital. Employees on layoff work within this twenty-one (21) day period 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 deemed a refusal to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08employment." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee 24.1: Whenever the University determines a reduction in receipt the work force is necessary, the University shall determine the classification or classifications in which the layoff or layoffs will occur and the numbers of notice employees to be laid off within each classification.
24.2: Layoffs shall be based upon date of appointment in the classification beginning with the employees with the most recent date of full-time appointment in the classification in which the layoffs are occurring. Each employee's official personnel file in the office of Human Resources shall be the sole basis for determining his/her appointment dates.
24.3: If a University Police Officer 2 or a University Dispatcher 2 is to be laid off, he/she may bump respectively a University Police Officer 1 or a University Dispatcher 1 if he/she has served at the University in the lower classification and he/she was appointed to the lower classification at the University prior to a member of the bargaining unit who at the time of layoff pursuant to mayis serving in the lower classification.
24.4: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser The University agrees that before any bargaining unit seniority in members are laid off under this Article, the University will first stop scheduling all students and intermittent employees employed by the YSU Police Department to perform the same or a lower or an identical-paying classification in the similar duties as bargaining unit members. Additionally, the YSU Police Department shall not schedule said students or intermittent employees while bargaining unit members are laid off.
24.5: On the next pay day following an employee's effective date of layoff, he/she can be paid regular and overtime pay due, compensatory time due and accrued and unused vacation time.
24.6: The office of Human Resources shall notify each employee of his/her layoff and, if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven available, displacement rights, at least thirty (730) days after receiving prior to the notice effective date of his/her layoff.
24.7: The office of Human Resources will prepare and have available for inspection a list of laid-off employees who are available for recall in each classification involving layoffs. For purposes of The list will be arranged in descending order with the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have with the right to displace another earliest date of full-time appointment beginning the list. Employees will be recalled in a descending order from the list beginning with the employee with lesser seniority who is the least senior employee in the classification and where the straightearliest date of full-time hourly rate at the level of service corresponding to that of the employee is within of the appointment. The list for each laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, classification shall have the right to accept the layoff or displace another employee in accordance with be active for twelve (a12) and 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 months.
24.8: The University will not hire new employees 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to while one or more part-time employees. In the event of a employees who performed their duties previously are in active layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08status." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the work force beyond normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. attrition.
B. 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 The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit Employee shall be laid off by reason pursuant to a necessary reduction in the work force unless said Employee shall have been notified of duties being assigned said layoff at least fifteen (15) work days prior to one or more part-time employeesthe effective date of the layoff. The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a layoff of an employeenecessary reduction in work force, the Hospital Board shall pay its share of insured benefits premiums layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are Employees who are qualified for a vacant or newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the duration of the five-month notice period provided for in Article 9.08vacant or newly created position." O BENEFITS ON LAYOFF
D. In the event of a layreduction in the work hours of an Employee, the Employee may claim seniority over another Employee in the same classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the Employee he/she seeks to replace. The Employee replaced shall be the least senior Employee with sufficient hours in the classification.
E. A laid-off Employee shall upon application, and at his/her option, be granted priority status on the substitute list for his/her classification according to his/her seniority.
F. Laid off Employees shall be recalled in reverse order of an employee, layoff to positions for which they are qualified in the Hospital classification from which they were laid off or in classifications in which they have seniority. Qualified is defined as meeting the minimum requirements for the position.
G. Notices of recall shall pay its share of insured benefits premiums up be sent by certified or registered mail to the end of last known address as shown on the month in Employee's records. The recall notice shall state the time and date on which the lay-off occursEmployee is to report back to work. It shall be the Employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled Employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The employee mayBoard may fill the position on a temporary basis until the recalled Employee can report for work providing the Employee reports within the five (5) day period. Employees recalled to work for which they are qualified are obligated to take said work. If an Employee declines recall or fails to report within the aforementioned time limits, if possible under this shall constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
H. A laid off Employee shall lose all recall rights in the terms and conditions event he/she is not recalled within one (1) year from the effective date of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoff.
Appears in 1 contract
Samples: Cafeteria Group Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive A. Layoff shall be defined as a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same work force beyond normal attrition due to a shortage of funds or a lower or an identical-paying classification in the bargaining unit if the lack of work.
B. No employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off unless said employee shall have the right to displace another employee with lesser seniority who is the been notified of said layoff at least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled days prior to such temporary vacancy shall not be required to accept such recall and may instead remain on the effective date of layoff. 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. .
C. In the event of a layoff of an employeelayoff, the Hospital Board shall pay its share of insured benefits premiums first lay off probationary employee(s), then the least seniored employee(s) within the affected classification. In no case shall a new employee be hired by the Board while there are laid-off employees who are qualified for a vacant or newly created position.
D. A laid-off employee may replace an employee within another classification under the duration of following two conditions:
1. The laid-off employee must possess equal or greater classification seniority than the fiveemployee to be replaced. (For classification interpretation, see the most recent seniority list.)
2. The laid-month notice period provided for in Article 9.08off employee must possess greater bargaining unit seniority than the employee to be replaced." O BENEFITS ON LAYOFF
E. In the event of a layreduction in the work hours in a classification, an employee may claim seniority over a less seniored employee 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 Board. In no case shall a reduction of any employee's work hours take effect until the Board gives ten (10) work days written notice to the affected employee. A laid-off of an employeeemployee shall, upon application, and at his/her option, be granted priority status on the Hospital shall pay its share of insured benefits premiums up substitute list according to the end of the month in which the lay-off occurshis/her seniority. The employee maymust be qualified for the job, if possible under and will be paid at the terms substitute rate. Laid-off employees may continue their health, dental, and conditions life insurance benefits by paying the regular monthly per subscriber group rate premium for such benefits to the Board. The above practice shall be subject to the rules and regulations of the insurance benefits programscarrier.
F. A recall list shall be provided by the Board stating the jobs available for reemployment. Recall shall be conducted as follows:
1. Classification seniority shall apply when the available position is within an employee's former classification or classification for which the employee possesses seniority.
2. When two (2) or more employees possess equal classification seniority for an available position, continue the employee with the greater bargaining unit seniority shall be given a position. A drawing shall determine a tie where employees possess equal classification and bargaining unit seniority.
3. Bargaining unit seniority shall apply when the available position does not fall within the classification of the presently laid-off employee or those classifications in which an employee possesses seniority. The employee must be qualified to pay do the full premium cost job.
G. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records. The recall notice shall state the time and date on which the employee is to report back to work. It shall be the employee's responsibility to keep the Board notified as to his/her current mailing address. A recalled employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report to work. The Board may fill the position on a benefit or benefits temporary basis until the recalled employee can report for up work, providing the employee reports within the five (5) day period. Employees recalled to three work for which they are qualified are obligated to take said work. An employee who declines recall to perform work for which he/she is qualified shall forfeit his/her seniority rights.
H. Employees on layoff shall retain their seniority for purpose of recall for a eighteen (318) months. Any employee on layoff for more than eighteen (18) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or shall lose his/her intent to do so at the time of the lay-off, seniority and arranges with the Hospital the appropriate payment hed I e.any further rights under this Agreement.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. An employee The parties that job security increases in receipt of notice of layoff pursuant proportion to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level length of service corresponding to that of with the laid off employee is within of the laid off employee's straight time hourly wage rateEmployer. In the event of a reduction in work or in the workforce, the Employer agrees that there employees shall be laid off in the reverse order of their seniority insofar as it is practicable to do so, providing other qualifications are no employees relatively equal. When an employee is laid off, he/she shall have the option of displacing another employee with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The displaced person shall have the right to displace option of displacing another employee with lesser seniority who in the same or lower job classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and has more seniority than the employee to be displaced. The second displaced person has the option of displacing the least senior employee in the same classification or the least senior employee in a lower classification providing he/she is qualified to perform the normal requirements of the job satisfactorily and where has more seniority than the straight-time hourly rate employee to be displaced. The intention to exercise this right and the specific details of the intended displacement must be declared by the initial person laid off within ten days of notification of layoff by the Employer; the intention to exercise this right and specific details of the intended displacement(s) must be declared by the first and second displaced persons, if any, within ten days of notification of displacement. No further displacement will take place as a result of the initial layoff and any resulting displacements. It is understood that when an employee exercises the option to displace an employee performing a job at a lower classification, he/she shall be paid at the level rate of service corresponding to that the lower classification. Cancellation of Recall Rights Recall rights shall be terminated on the cancellation of an employee’s seniority. Notification of Change of Address It shall be the duty of the employee is within to notify the Employer promptly of the laid-off employee's straight-time hourly rateany change of address. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and 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 If an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed fail to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall Employer will not 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 failure of official notices to reach the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An employee in receipt of notice of layoff pursuant to may: accept Section 1. Layoffs Layoffs shall be governed by the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retirefollowing procedure:
a) Temporary, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority probationary, and part-time employees in the same or a lower or an identical-paying affected job classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall first.
b) Employees with the least seniority within the affected job classification will be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the next.
c) Employees scheduled to be laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser may exercise their seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is rights by displacing the least senior employee in an equal or lower job classification, provided they are qualified according to Company records or are able to prove they are equally qualified to perform the classification and where job.
d) This procedure shall continue until employees are placed in a job or laid off.
e) Employees scheduled for layoff that bump into another position shall receive their present rate of pay or the straight-time hourly maximum rate at the level of service corresponding to that of the employee new job to which they are subsequently assigned, whichever is within less.
f) Employees displaced more than one rate range shall have the option of taking a layoff.
g) In decreasing the work force, the Company will give laid-off employee's straightemployees 48 hours notice or more whenever possible.
h) Temporary positions not to exceed ninety (90) days will not be considered vacancies for regular employees.
Section 2. Recall Employees who have been laid off shall be recalled in reverse order of layoff, provided they are qualified to perform the duties of the job in question, subject to the following procedures:
a) Employees who have been laid off for a period not exceeding 24 months or their length of seniority whichever is lesser, shall be entitled to recall in seniority order to each vacancy that arises in a job for which they are qualified.
b) If laid-off employees decline recall to a job vacancy more than one rate range lower than the one occupied at the time hourly rateof lay-off, the Company shall only be obligated to offer them recall to a job of like status or pay at the same or within one rate range lower than the job they occupied at the time of layoff.
c) Employees who do not accept recall to a job in the same rate range or one rate range lower than the job they held at the time of layoff will be considered as terminating their employment. An employee Their name will be permanently removed from the recall list.
d) Employees who are recalled to their former jobs after being laid off shall be returned at the same rate they were paid at the time of layoff or the minimum rate of the classification, whichever is greater.
e) Employees subject to layoff other than at a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall higher classification and who have the right chosen to accept a lower rated classification will be eligible to move back into their former classification within 24 months when a vacancy exists at their former rate of pay plus any increases they would have received had the layoff or displace another not occurred.
f) The Company may require physical examinations upon recall from indefinite layoff to determine employee ability and fitness to perform the duties of the job to which they are recalled.
g) In the event temporary job vacancies occur and there are laid-off employees with rights to such jobs they will be recalled to fill the temporary vacancies in accordance with (a) and aboveArticle 5, Section 1. An employee shall have opportunity of If these employees refuse recall from a layoff to an available openingtemporary vacancies, in order of seniority, provided he or she has the ability to perform the work before such opening they will not lose their recall rights. If it 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 necessary for the purposes of the paragraphs aboveCompany to hire temporary employees to fill these vacancies, the Hospital shall not act in an arbitrary temporary employees may retain the positions until they are eliminated or unfair mannerbecome regular positions. An employee recalled If temporary positions become regular positions, they will be offered to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new regular 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 provisions of seniority provision, or this Article.
h) Temporary employees do not have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08rights." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee A. When the Board determines it necessary to reduce the number of employees due to lack of funds or lack of work the following procedure shall govern such layoff.
B. Prior to any reduction in receipt of notice of layoff pursuant staff the Board shall meet with the Association to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms advise them of the Hospitals determined reduction.
C. The number of Ontario Pension Plan people affected by a reduction in force will be kept to a minimum by not employing replacements, insofar as outlined is practical, for employees who resign, retire or otherwise vacate a position. Substitute employees, seasonal and casual employees, student workers, temporary employees, and any governmental program employees shall be laid off before any regular employees.
D. Whenever it becomes necessary to layoff employees by reasons stated above, affected employees shall be laid off within a respective classification according to classification seniority, with the least senior employee laid off first. Authorized leaves of absence do not constitute interruption in Article or displace another employee who has lesser bargaining unit continuous service. In case of identical seniority, the date of receipt shown by the Bureau of Criminal Identification for fingerprinting will be used to determine the order of layoff. If the BCI is showing the same date, a flip of a coin will determine the order of layoff. Classification of Teacher Aides to be separated into two (2) classifications: Teacher Aides – Regular Teacher Aides – Special Education For the purpose of RIF only, Special Education Aides have the right to bump into the Regular Aide position if they have a seniority date in the aide classification prior to September 10, 2002. The following classifications shall be used for the purpose of defining seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice event of layoff. For purposes of the operation of clause an identical: Secretarial Transportation Administrative Assistant Head Mechanic Social Worker Mechanics Computer Technician Bus Drivers A-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee V Technician Bus Aides Library Clerks Crossing Guards Independent Aides On Board Instructors Teacher Aides Cafeteria Noontime Supervisors/Monitors Managers School Health Aides (Hourly) Cooks Tutors (Hourly) Helpers Title tutors Servers Auxiliary Staff (Hourly) Custodial Attendants Maintenance/Storeroom Custodians Cleaning Staff Maintenance Helper
E. Employees affected by layoff shall have the right to displace another employee with lesser seniority who is the least a less senior employee in their own classification or a less senior employee in a classification previously held. During a layoff or bumping situation, employees with a limited contract status shall be laid off and/or bumped prior to an employee who has a continuing contract status. After the initial RIF within the classification and where the straight-time hourly rate at the level of service corresponding an employee may use system seniority to that of the employee is within of the laid-off employee's straight-time hourly ratebump into a classification previously held. An employee who is subject assumes a previously held position due to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have bumping will be placed at the right to accept step which reflects the layoff or displace another employee in accordance with (a) and 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 hourly wage that they earned in the collective agreement position they were laid-off from, but not a higher hourly wage.
F. The Board of Education 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 Hospital shall not act determine in an arbitrary or unfair manner. An employee recalled to work in a different which classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months occur and the number of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received laid off. In the classification of layoff, employees 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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit probation shall be laid off by reason of duties being assigned to one or more part-time employees. In before any employee in that classification employed under a continuing contract is laid off.
G. For the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month classifications in which the lay-off layoff occurs, the Board shall prepare a reinstatement list and name all employees on the reinstatement list in the reverse order of layoff. The employee may, if possible under Reinstatement shall be made from this list before any new employees are hired in that Classification. Vacancies which occur in the terms and conditions classification of layoff shall be offered to the insurance benefits programs, continue present employees according to pay the full premium cost of a benefit or benefits for up to three (3) months Article VII. Vacancies that remain following the end of the month above shall be offered, and accepted or declined in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that writing by the employee informs standing highest on the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.layoff lists within seven
Appears in 1 contract
Samples: Negotiated Agreement
Layoff and Recall. An employee in receipt of notice In the case of layoff pursuant 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 may: accept do the layoff; or opt work which is available, at the rate of pay applicable to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced 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 deemed notified by Management as far in advance of the layoff as is practicable. In any event, employees will receive no less than three days notice prior to a layoff. In the case of a layoff, non-skilled employees may bump into any non- 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 or more employees are being laid off in any given work week, the Company will provide training prior to the actual layoff, to no more than two employees per department (for a maximum of nine employees per layoff) in the classifications as outlined below, of those who would have been laid off and shall who would not be entitled qualified to notice bump into any other classification in accordance with Article An employee who chooses the plant. In order to exercise be afforded this opportunity, the right employees to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the be laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall must have the right seniority to displace another employee with lesser seniority who is bump the least senior employee two most junior incumbents in the classification and where for which the straight-time hourly rate at training will be provided. The training provided will be sufficient to qualify the level of service corresponding employees to that perform the requirements of the following classifications: Departments Classification Press End Wrapper Tin plate Sorter Can Assembly Bodymaker Feeder and/or Operator D&I Operator and/or General Labour. Maintenance Janitor but in any event such training will not extend beyond three work days, during which time the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) must acquire adequate skills and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has demonstrate the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure requirements to the degree of proficiency required of other employees in the collective agreement shall not apply until the recall process has been completejob. In determining the ability of an employee to perform the work for the purposes of the paragraphs aboveCan Line Quality Assurance Shipping and Receiving Press and Shearing Machine Shop, the Hospital shall not act in an arbitrary or unfair manner. Electrical, Stores and Metal Closures An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees employee’s continuous service shall be hired until considered as having been terminated and all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with service forfeited if the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.:
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. An A layoff shall be defined as a necessary reduction in the work force as determined by the Board. No employee in receipt of notice of layoff shall be laid off pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser bargaining unit seniority necessary reduction in the same or a lower or an identical-paying classification work force unless said employee has been notified in writing at least fifteen (15) working days prior to the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice effective date of layoff. For purposes Such notice will not apply when layoff is necessitated by work stoppages or Acts of the operation of clause an identical-paying God. The reduction procedure shall be individually applied within each classification as follows: Probationary employees shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the be laid off employee is within of first, provided there are more seniored employees who possess the laid off employee's straight time hourly wage ratequalifications to perform the job. In the event that seniored employees must be laid off, layoff shall be determined by the following order: The least seniored within the classification being reduced, provided there are more senior employees remaining within the classification who possess the qualifications to perform the duties of the position(s) available. In the event an employee is reduced from a position and no position is available to the employee within the classifications in which the reduced employee has acquired seniority, the reduced employee shall have the opportunity to make application to any posted vacancies within the unit. Should the employee be given one of the posted positions, he/she shall retain the right to his/her job classification should a position become available for which he/she is qualified. An employee reduced from a position in his/her present classification shall be retained at his/her request in a position in another classification in which he/she has previously accumulated seniority, provided there is a less seniored employee in that classification and the reduced employee possesses the qualifications to perform the job. Employees on layoff who are qualified shall be considered before the hiring of new employees outside the district for a vacant position in another unit classification. When there is a vacancy, employees shall be recalled in order of greatest seniority within the classification from which they were reduced, provided the employee possesses the qualifications to perform the duties of the position to which he/she is being recalled to. In the event a tie exists, the employee with lesser seniority the greatest total years of service in the same district shall be recalled first. In the event a tie exists, it shall be broken by the last four (4) digits of the employee's Social Security number, with the employee with the highest number having the most seniority. Notices of recall shall be sent by certified or registered mail to the last known address as shown on the Board's records (which shall be conclusive in any disputes). A recalled employee shall notify the Board within two (2) days after the letter is registered as arriving as to the employee's acceptance or rejection and must report to work within three (3) days after such notification, exceptions may be made by the Superintendent. The Board may fill the position on a lower temporary basis until the recalled employee is to report back for work. An employee offered his/her former position who declines recall shall forfeit his/her seniority rights. Employees shall remain on the recall list for a period of one (1) year or identical-paying classificationthe length of his/her seniority, as defined in this articlewhichever is greater, a laid-off employee but not to exceed two (2) years. Probationary employees have no recall rights. Employees who have their hours reduced by one (1) hour or more shall have the right to displace another employee with lesser seniority who is bump the least senior employee within his/her classification occupying a position that the senior employee can properly perform and who is scheduled as many hours per week/annually. If the employee being reduced has no one to bump, then the least senior employee with the nearest number of hours in his/her classification may be bumped. It is understood by the classification and where parties that this language does not create a domino effect. Only one (1) bump will occur. The bumped employee may take the straight-time hourly rate at the level of service corresponding to that position of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another are reduced if that employee in accordance with (a) and 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 can properly 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (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 district may increase a position’s hours per workday, without the need to post the position as a newly created position, provided the increased hours do not allow the position to receive additional benefits or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No considered a full-time employee within the position. Full time is defined as 8 hours per day. Any school year bargaining unit employee who collects unemployment compensation during the summer months (MESC's "summer denial period") and who is recalled before the start of his/her normal work year to a position with the same or more hours of work, shall be laid off by reason obligated to reimburse the District the amount of duties being assigned unemployment compensation collected during the summer months. The District is authorized to one or more part-time employees. In the event of obtain repayment through a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration payroll deduction of the five-month notice period provided for appropriate amount in Article 9.08equal payments over the entire year." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An employee in receipt In the event of notice need for layoffs, the following procedure shall apply:
Section A – Prior to any layoff, the District shall confer with the Association for the purpose of reviewing the necessity for layoff pursuant to may: accept and securing input on layoff decisions.
Section B – The District shall maintain an updated seniority list on the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace another employee who has lesser District Intranet which lists employees by bargaining unit seniority and by KSP seniority.
Section C – Bargaining unit seniority shall be defined as the total length of unbroken service to the District and shall be designated by the most recent date of hire. KSP service shall be defined as the number of years, months and days served either as an office employee or as a paraprofessional. KSP seniority shall be residual and cumulative as long as service within the bargaining unit is unbroken. Layoff, leaves of absence and service to the employer outside the bargaining unit shall not constitute a break in service. See Article VIII, Section 6.
Section D – Layoff shall occur by position deletion, the least senior employee in a particular position receiving a layoff notice.
Section E – Employees receiving layoff notice shall exercise bumping rights in the following manner by seniority:
1. First, by bumping the least senior person in the same or classification/range who holds a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of for which the laid off employee is within of the laid off employee's straight qualified. Full- time hourly wage rate. In the event that there employees who have classification/range split assignments are no employees with lesser seniority not to be excluded from bumping and will be included in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of /range wherein the employee is within performs the greatest amount of work. If the laid-off employee's straight-time hourly rateemployee performs an equal amount of work, the highest classification/range shall be used.
2. An employee who is subject to layoff other than a layoff Second, if lack of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee qualification precludes bumping in accordance with (a1) and 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, bumping shall proceed against the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have least senior employees by successive progression through the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to lowest classification/range for which the employee is eligible qualified.
3. Third, an employee who is to be recalled and laid off, or displaced as a result of bumping automatically must be considered to fill any existing vacancy for the date and time at which employee’s same or lower classification/range, provided the employee shall report for workis qualified and completes a transfer request.
4. The Fourth, if lack of qualification precludes any of the above, the employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. 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. In the event of a layoff of an employee, the Hospital shall pay its share of insured and may apply for unemployment benefits premiums for the duration of the five-month notice period provided for in Article 9.08." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up pursuant to the end rules of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.MESC.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. An X. Xxxxxx shall be defined as a necessary reduction in the work force beyond normal attrition.
B. No employee in receipt of notice of layoff shall be laid off pursuant to may: accept a necessary reduction in the work force unless said employee shall have been notified of said layoff at least fifteen (15) work days prior to the effective date of the layoff; . The layoff notification does not apply where the layoff is due to an unanticipated occurrence, such as an emergency.
C. In the event of a necessary reduction in work force, the Board shall layoff on a classification by classification basis. The Board shall first layoff probationary employees in the classification, then the least senior employees within the classification. In no case shall a new employee be employed by the Board in a classification while there are employees who are qualified for a vacant or opt to receive newly created position who are on layoff from that classification. Qualified is defined as meeting the minimum requirements for the vacant or newly created position.
D. In the event of a separation allowance as outlined reduction in Article 9.12; or opt to retirethe work hours of an employee, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article or displace employee may claim seniority over another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification for the purpose of maintaining his/her normal work schedule provided he/she has greater seniority than the employee he/she seeks to replace. The employee replaced shall be the least senior employee with sufficient hours in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a .
E. A laid-off employee shall have upon application, and at his/her option, be granted priority status on the right substitute list for his/her classification according to displace another employee with lesser seniority who is the least senior employee his/her seniority.
X. Xxxx off Employees shall be recalled in reverse order of layoff to positions for which they are qualified in the classification and where from which they were laid off or in classifications in which they have seniority. Qualified is defined as meeting the straight-time hourly rate at minimum requirements for the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity position.
G. Notices 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 Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, sent by certified or have been found unable to perform the work available The Hospital shall notify the employee of recall opportunity by registered mail, addressed mail to the last known address on record with the Hospital (which notification shall be deemed to be received as shown on the second day following the date of mailing)employee’s records. The notification recall notice shall state the job to time and date on which the employee is eligible to report back to work. It shall be the employee’s responsibility to keep the Board notified as to his/her current mailing address. A recalled and the date and time at which the employee shall be given at least five (5) calendar days from receipt of notice, excluding Saturdays and Sundays, to report for to work. The Board may fill the position on a temporary basis until the recalled employee is solely responsible can report for his or her proper address being on record with work providing the Hospitalemployee reports within the five (5) day period. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required work for which they are qualified are obligated to accept such take said work. If an employee declines recall and may instead remain on layoff. No full-time employee or fails to report within the bargaining unit aforementioned time limits, this shall be constitute his/her resignation from employment and forfeiture of his/her seniority and employment rights.
H. A laid off by reason of duties being assigned to one or more part-time employees. In employee shall lose all recall rights in the event he/she is not recalled within one (1) year from the effective date of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08layoff." O BENEFITS ON LAYOFF the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programs, continue to pay the full premium cost of a benefit or benefits for up to three (3) months following the end of the month in which the lay-off occurs. Such payment can be made through the payroll office of the Hospital provided that the employee informs the Hospital of his or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment hed I e.
Appears in 1 contract
Samples: Secretarial Group Agreement