Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs. 20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units. 20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority. 20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions: (a) that such other job is held by an employee with less seniority; (b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job. 20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04. 20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies. 20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment: (a) the Hospital shall not layoff any employee for any reason other than lack of work; and (b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification. 20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) Both parties recognize that such other job is held by an employee with less seniority;security should increase in proportion to length of service.
(b) It is further recognized by the parties that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such seniority considerations for retained employees meeting the requirements under (b) above on regular appointment shall be given a reasonable period of time subject to demonstrate sufficient skill and their ability to perform the jobduties and meet the minimum educational and experience requirements of the positions available within the bargaining unit.
20.05 When (c) For the purpose of this article, seniority shall relate only to those employees on regular appointments.
(d) After OC has identified the specific positions to be eliminated, and subject to Clause 36.1(d) it shall notify the Union not less than 10 working days prior to implementing layoff plans.
(1) Within five working days of notice being given pursuant to Clause 36.2(d), the Union and OC shall meet as a Hospital arbitrarily assigns Joint Layoff Committee to discuss and explore OC's plans with respect to layoff and to attempt to reach agreement on the method of implementing the layoff plans.
(2) The Joint Layoff Committee shall be comprised of members equal in number from both the Union and OC.
(1) In its review of OC plans for layoff, the Joint Layoff Committee shall consider factors which shall include:
(i) vacant positions;
(ii) transfer of affected employees;
(iii) retraining of affected employees;
(iv) bumping of less senior employees;
(v) any other relevant factors.
(2) Provided there is a vacant position in the same centre and appointment category (see Clause 16.1) for which the laid off employee is qualified and which is at an equal or higher job grouping than the position being eliminated, the laid off employee shall normally claim the vacant position and not be eligible to exercise his/her bumping rights under Clause 36.2(h).
(g) Following the notice period pursuant to Clause 36.2(d), OC may give notice of layoff to affected employees on regular full-time and part-time appointments; however, such notice shall not be less than 20 OC working days, prior to implementation.
(h) Employees on regular appointments whose positions are eliminated or who are displaced pursuant to this article may exercise their seniority by claiming any position in any job grouping within the bargaining unit subject to:
(1) A regular full-time employee may claim the position that is occupied by the least senior full-time employee on regular appointment in that job grouping within that centre; or
(2) A regular part-time or sessional employee may claim the position that is occupied by the least senior employee on regular appointment in that job grouping within that centre where the hours are equivalent to or greater than the laid off employee; or
(3) An employee may claim the position where the hours are less than the laid off employee provided the position being claimed is occupied by the least senior employee within that job grouping and that centre.
(i) The claiming of a position as outlined in Clause 36.2(h) is subject to:
(1) the claimant is able to perform the duties and meet the minimal educational and experience requirements of the position being claimed; and
(2) the claimant has more seniority than the incumbent; and
(3) if the position claimed is at another OC centre then OC shall not be required to pay any transfer expenses.
(j) Should the claiming of a position under Clause 36.2(h) not be possible, the employee may claim a position occupied by an employee on auxiliary appointment provided that the claimant is able to another departmentperform the duties and meet the minimal educational and experience requirements of the position being claimed.
(1) Employees who claim a position under Clause 36.2(j) shall retain their regular appointment status for the term of their employment in that position and any subsequent consecutive appointments to like positions.
(2) For the purpose of this article an employee who has accepted an auxiliary appointment shall retain his/facilityher right to claim a regular position under Clause 36.2(h) for a maximum period of one year from the date of layoff unless an extension is mutually agreed to by the Joint Committee.
(l) In the event that the former position of the laid off employee becomes available within a one year period from the date of lay-off, he/she shall be offered the position. In the event that an employee refuses a recall offer to his or to another position which constitutes a major change in her former position, within five (5) working days of the offer, OC shall remove the employee's dutiesname from the recall list, unless there are extenuating circumstances acceptable to the Joint Committee.
(m) Prior to filling an auxiliary position, OC shall recall employees laid off pursuant to this article in order of job grouping seniority relating to the vacancy, provided the employee is competent to do the work and has been laid off within the previous year. OC shall not be required to pay any transfer expenses which might arise as a result of recall.
(1) Prior to filling a regular position in a job grouping comparable to job groupings of laid off employees, OC shall post internally that vacant or new position. Any such posted position shall be filled by a regular employee or an employee on layoff provided the applicant meets the qualifications for that position. In filling any resulting vacancy, the above procedure shall be followed. If a laid off employee is recalled, it shall have be in order of job grouping seniority provided the right employee is competent to exercise his seniority do the work and has been laid off within the previous year. OC shall not be required to pay any transfer expenses which might arise as a result of such a recall.
(2) The determination of comparable job groupings shall be determined by the Joint Committee. In the event the Joint Committee is unable to reach agreement, the position shall be posted in accordance with 20.04Clause 36.2(n).
20.06 No new applicant (o) (1) OC shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off inform all employees shall be deemed to have applied for such vacancies.
20.07 Unless on the employee was notified in writing recall list of all position vacancies at the time of hiring internal posting. Notice of vacancies shall be made by telephone, mail or by direct personal contact. In the event that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee on the recall list wishes to be considered for a vacant position, the employee must apply in writing by the closing date of a higher paid classificationthe posting.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 12.01 In determining which employee(s) are to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected be laid off and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalled from layoff, the Employer shall consider seniority provided that the employee in question has the skill, qualifications and experience to perform the Local shall meet to discuss the layoffsavailable work.
20.02 If 12.02 This Article shall not apply to layoffs of a temporary nature (i.e. layoffs of up to 30 calendar days).
12.03 When an employee is recalled pursuant to be laid off, the hospital shall notify the employee Article 11.06 (f) and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he immediately available for work, other seniority employees who are qualified may be recalled and shall be paid in lieu thereof for such days. The Hospital will meet with temporarily employed until the Local to discuss senior qualified employee reports within the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsas outlined.
20.03 Subject to 20.04, in 12.04 In the event of a layoffproposed layoff of a permanent or long-term nature, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsEmployer will:
(a) that provide the Association with forty-five (45) days notice of such other job is held by an employee with less seniority;layoff, and
(b) that such employee claiming meet with the job has sufficient qualifications Association to perform review the job. The Hospital shall not assess following:
i) the qualifications reasons causing the layoff;
ii) the method of implementation and the employee(s) laid off;
iii) the names of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit members affected.
20.05 When a Hospital arbitrarily assigns an employee to 12.05 In the event of restructuring, consolidation or extension of any part of the service of the Employer with those of another department/facility, agency or to another position which constitutes a major change in the employee's dutiesagencies, the employee shall have Employer and the right Union agree to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless implement the employee was notified in writing at the time of hiring that the position was a temporary appointmentfollowing:
(a) The Employer will advise the Hospital shall not layoff any employee for any reason other than lack Union concerning the restructuring, consolidation or extension of work; andservices within thirty (30) days after a decision to change services has been taken.
(b) As soon as practical, in the Hospital shall not demote any employee course of developing a plan for the sole purpose implementation in the change of replacing him with an employee services, the Employer shall notify the Union of a higher paid classificationthe projected staffing needs and their location. Such notice shall include the estimated number and types of positions/jobs/ assignments and their location.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.Article
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital bargaining unit-wide seniority.
20.04 An , provided that an employee may bump a junior employee only in cases where the senior employee is qualified to fill the lower position. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Corporation, the Corporation shall notify employees, who is affected by work shortage have acquired seniority rights in his department will the Regular Seniority Pool and who are to be entitled to claim the job of another employee in any department subject laid off, at least ten (10) working days prior to the following conditions:
effective date of layoff. If the employee has not had the opportunity to work during the ten (a10) that such other job is held by an days referred to above, the employee with less seniority;shall be paid for those days for which work was not made available.
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications When a temporary layoff is necessary because of the inability to carry on a project efficiently in the judgement of the Department Head; the temporary layoff may take place by gangs, or parts of gangs; however, this shall apply only for layoffs anticipated not to exceed two (2) shifts; provided however, that where it is part of a gang the provisions of Article 5.3(a) shall apply.
(c) It is understood and agreed that any employee in an arbitrary manner. Such employees meeting the requirements affected under (bArticles 5.2, 5.3(a) or 5.3(b) above shall be given a reasonable period retain the right of time to demonstrate sufficient skill and ability to perform appeal as contained in the jobgrievance procedure.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 (d) No new applicant employees shall be hired in a hospital in which there has been following a layoff until those who were laid off for less than eighteen (18) consecutive months have been given an a reasonable opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by as follows: The Corporation shall make every reasonable attempt to contact and recall employees in order of bargaining unit-wide seniority provided they are qualified to perform the available work and were employed for that type of work.providing they respond within the stipulated time limits. Such notice shall be given so as to be received at least twenty-four
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases 11.01 In case of emergencya temporary layoff of five (5) working days, layoffs due or less, the Company will give as much notice to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals employees as practical. The Company will only take place after the employees affected and the Local have been given give a minimum of thirty five (305) calendar days' notice of intent. In conjunction with the days notice to the Unionseniority employees and the Union of any planned layoff of more than five (5) working days. Notice to the Union will be in writing.
11.02 In any case of reduction of employees; employees with the least amount of seniority shall be laid off, provided those remaining employees with more seniority have the skill and ability to meet the normal requirements of the work available. Employees who, within the preceding 12 months have performed the job, or who have been cross-trained, will be considered qualified, following successful completion of a reasonable trial or orientation period of up to five (5) working days. The trial or orientation period may be extended by mutual agreement for an additional period of up to five (5) working days.
11.03 Temporary layoffs will take place on a departmental basis. In the case of planned layoff of more than five (5) working days, the Employer and following procedure will apply:
a) Probationary employees in the Local shall meet to discuss the layoffsaffected department will be laid off first.
20.02 b) The displaced employee may apply for the job of any junior employee within his/her department that he/she is qualified to perform, or elect to be laid off.
c) If the displaced employee cannot qualify under (b) above, he/she may apply for the job of any junior employee in the Plant that he/she is qualified to perform or elect to be laid off.
d) Should the junior employee in the department be displaced under (c) above, he/she may apply for the job of any junior employee in the Plant, that he/she is qualified to perform, or elect to be laid off.
11.04 Fluctuations in work available, which cause an employee is or employees not to be required to work full shifts, shall not constitute a layoff, temporary or otherwise for the purpose of Article 11.
11.05 In implementing the layoff procedure, not more than two (2) bumpings are to apply as a result of any one displacement. The displaced employee as a result of a second bumping may apply for the job of the junior employee in the department, or elect to be laid off.
11.06 The Company will provide the Chairperson of the Union Plant Committee with a list of employees to be laid off or recalled, also of any cancellation of such notices.
11.07 Senior employees may advise the Company that they wish to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he which case volunteers shall be paid selected in lieu thereof for such days. The Hospital will meet order of seniority provided the Company retains employees with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform do the job.
20.05 When work available. An employee who has taken a Hospital arbitrarily assigns an employee layoff by preference may bump back into the bargaining unit with one week’s notice in writing to another department/facility, or to another position which constitutes a major change the Company. This will only apply in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been case of a layoff until those laid off for less than eighteen exceeding five (185) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesworking days.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 6.01 A layoff is defined as any reduction in cases of emergency, layoffs the work force due to lack of work for reasons work, reduction or discontinuation of a service that would result in the involuntary displacement of an employee, other than contracting out or mergers discharge for just cause.
6.02 Should the Gallery contemplate the layoff of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30Employee(s) calendar days' notice of intent. In conjunction with the notice to represented by the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital Gallery shall notify the employee and the Local, Local President in writing, at least fourteen writing as far in advance as possible but in any event forty (1440) calendar days before in advance of the layoff is expected date of implementation of a layoff. Such notification to be effective. If the Union shall include the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so name(s) and position(s) affected. Discussion Notice to the employee will commence between the parties within be ten (10) calendar days of such after the notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming Local President or her designate and the job has sufficient qualifications to perform the jobOPSEU Union representative. The Hospital shall not assess employer further agrees to meet with the qualifications Union, through the Labour/Management Committee within three (3) working days of notification to the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time Union to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentreview:
(a) the Hospital shall not layoff any employee reason(s) for any reason other than lack of work; andthe layoff.
(b) potential alternatives which may include but are not limited to the Hospital utilization of other means, such as normal retirements, early retirements, unpaid leaves, voluntary layoff, or severance. The Gallery and the Union will attempt to assist employees to find alternate employment.
6.03 For the purposes of layoff the following factors shall not demote be considered:
i) seniority;
ii) qualifications, skill, ability, and experience. It is agreed that only where the factors in clause (ii) are relatively equal between employees, seniority as herein defined will govern.
6.04 Where a regular part-time employee is to be laid off indefinitely or in any employee event for more than thirteen (13) weeks, the sole purpose of replacing him with an employee Gallery will provide minimum written notice as follows:
6.05 In the event of a higher paid classificationreduction in the number of employees, layoff of employees shall be based on the following provisions:
(a) probationary part-time employees, temporary part-time employees, and occasional part-time employees performing the work in question shall be laid off before regular part-time employees performing the work in question.
20.08 Part-time and full(b) regular part-time employees who are laid-off subject to layoff shall have the right to either:
(i) accept the layoff and be offered casual and/or temporary employment during their period placed on recall; or
(ii) waive recall rights and accept payment of recall by order of seniority severance (if eligible).
6.06 Severance pay will be provided they are available and were employed for that type of work.in accordance with the Employment Standards Act with the enhancement set out below:
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 12.01 In the event of a reduction in cases required service demands within a seniority group defined herein, layoff of emergencystaff shall, layoffs due subject to lack the following, be in reverse order of work for reasons other seniority on a group seniority basis, providing the remaining employees have the necessary qualifications and ability to perform the available work.
12.02 In the case of a subsequent increase in service demands, recall, subject to the provisions of Article 10.07(c) and 10.07(d), shall be in order of greatest seniority provided the employees with recall rights have the necessary qualifications and ability to perform the available work.
(a) Where a layoff of a bargaining unit member is necessary, the Employer shall first meet with the Union, not less than contracting out or mergers ten (10) days prior to any notice as contemplated in Article 12.05, to discuss the effect of hospitals or such reduction on the level of services required and the classification level(s) of hospitals will only take place affected staff and hear any representations of the Union. The parties may, by mutual agreement, establish a joint Union/Management Redeployment Committee, as defined in The Letter of Understanding entitled “Redeployment Committee” attached hereto not later than four (4) weeks after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice layoff is given to the Union. Any agreement reached will be final and binding on all concerned. If no such agreement is reached, Article 12.04 will apply.
(b) The Redeployment Committee shall be comprised of equal numbers of representatives of the Union and the Employer. Membership, terms of reference, frequency and time of meetings and other details of the Committee’s functioning will be subject to agreement between the Employer and the Local Union. Meetings of the Redeployment Committee shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital held during normal working hours and time spent attending such meetings shall notify the employee be considered work time and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such daysat the employee’s normal rate on a straight time basis. The Hospital will meet with Time spent outside of regular work hours by employees attending the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort Redeployment Committee meetings will be made to provide continuing employment paid for employees in at the hospital and in the bargaining unitsemployee’s normal rate of pay on a straight time basis.
20.03 Subject 12.04 Both parties recognize that job security shall increase in proportion to 20.04length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee seniority on a group seniority basis. The Employer shall then advise the Union of those employees affected who may then exercise their displacement rights against employees in the same or lower classification, providing the remaining employees have the necessary qualifications and ability after a familiarization period of up to fifteen (15) days, if necessary, to perform the available work. It is affected by work shortage in his department will understood that displacement rights may be entitled exercised on a bargaining wide basis. The Employer may, at its discretion, consider the provision of a training period of up to claim fifteen (15) days, to perform the job available work. Note: See Letter of another employee in any department subject to the following conditions:Understanding: Article 12.01
(a) The Employer agrees to provide employees with a minimum of ten (5) years and less than ten (10) years of seniority will receive twelve (12) weeks written notice of layoff in total. Employees with greater than ten (10) years seniority will receive fourteen (14) weeks notice of layoff in total. For the purposes of clarity, no employee will receive more than fourteen (14) weeks notice of layoff. Where such minimum notice is not given, employees will be provided regular pay for all or any portion of the period of notice if the employee is not required to work. It is understood that such other job is held by an employee with less seniority;this provision does not apply to probationary employees.
(b) that such employee claiming The Employer will provide employees who are actually laid off and who need assistance in seeking other employment with training with respect to drafting a resume, the conduct of an employment interview and how to conduct a job has sufficient qualifications to perform the jobsearch. The Hospital Employer will also assist laid off employees with respect to particular job opportunities.
(c) When an employee is to be laid off the employee shall be allowed up to five (5) working days, prorated for permanent part-time employees, to engage in a job search and to attend to personal matters. Such days shall be taken at a time mutually agreed upon by the employee and the supervisor. An employee's request shall not assess be unreasonably denied.
(d) It is agreed and understood that employees shall continue to accumulate seniority while on layoff in accordance with Article 10.07(c).
12.06 New employees shall not be hired into a seniority group until those employees with recall rights from said seniority group have been given the qualifications opportunity of recall. Where there remains a vacancy subsequent to the employee foregoing, recall shall occur in an arbitrary mannerthe following manner prior to new employees being hired. Such Other permanent employees meeting the requirements under (b) above with recall rights laid off from a different seniority group shall then be given the opportunity to participate in a reasonable period of time competition restricted to demonstrate sufficient skill those so identified, provided they have the necessary qualifications and ability to perform the jobavailable work. The
12.07 The Employer agrees not to administer this Article arbitrarily, discriminatorily or in bad faith.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility12.08 For purposes of this Article, or to another position which constitutes a major change in it shall be the employee's dutiesresponsibility to keep the Employer advised of his/her current address and telephone number.
12.09 Employees who do not have present job qualifications for the jobs they perform respecting education and experience will be deemed to be so qualified.
12.10 For bargaining unit employees with less than five (5) years of seniority, during the first five (5) months of layoff, or until the employee is eligible for benefits with a new employer, whichever shall occur first, and for employees with greater than five (5) years seniority during the first six (6) months of layoff, or until the employee is eligible for benefits with a new employer, whichever shall occur first, the Employer will continue to pay its share of benefits for employees who are and remain eligible for coverage under the Employer’s group insurance plans provided that the employee shall have pays his/her share for the right following benefits: Group Life Semi-Private Hospital Accidental Death and Dismemberment Dental Major Medical Vision Care Application of this article is conditional upon acceptance by the carrier; upon coverage being requested within ten (10) days of receiving notice of layoff from the Employer and upon the Employer being given post-dated cheques for the monthly premium costs in advance for as long as the benefit coverage is required. Subject to exercise his seniority in accordance with 20.04the terms and conditions noted above, an employee may extend the benefit coverage period by an additional three (3) months at his/her own expense provided the employee is not employed and provided that the employee requests such coverage within fifteen (15) days of completion of the three or six month coverage as applicable. It being understood that the Employer will not continue to pay its share of benefits through the additional three (3) month period.
20.06 12.11 No new applicant member of the Union, so long as s/he is President or Chief Xxxxxxx of the Union shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesany reason.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 14.01 In the event of a reduction in cases the number of emergencyemployees in the plant, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff shall be given five (5) working days notice of layoff except in circumstances which are beyond the control of the Company, in which case the hospital employees shall notify be given two (2) working days notice of layoff. The names of these employees shall be given in writing to the Plant Chairperson. Normal fluctuations in customer demands are not considered as beyond the control of the Company.
14.02 Layoffs shall be carried out as follows:
a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority provided they are willing and able and have the skill and ability to perform the work.
14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are willing to be recalled to, within three (3) working days of being notified. Notice shall be in duplicate on forms supplied by the Company and signed by the employee and the Local, in writing, at least fourteen (14) calendar days before the supervision.
14.04 Any employee who is transferred to another job because of a layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff applicable job rate while so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsemployed.
20.03 Subject to 20.0414.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, employees shall be laid off continue at work as long as work is available in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim Company for which they are willing and able and have the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When 14.06 In the event that there is an increase in the workforce after a Hospital arbitrarily assigns layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work.
14.07 Where a dispute arises regarding an employee being able to another department/facilitydo the work available, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant he shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity to perform the job for a jobreasonable period not to exceed five (5) working days, for which they are qualifiedunless his performance indicates injury or damage possibilities.
14.08 In the event of an increase in the workforce, under Article 31. Those qualified the Company agrees to call the most senior employee on the seniority list to do the work available.
14.09 a) If an employee is laid off employees shall be deemed to have applied out of classification and then utilized in that classification for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of workfive (5) consecutive days, he will be immediately reinstated back into the classification he was laid off from.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union will be given reasonable notice of the Employer’s intention to lack lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by this Agreement, then the Employer shall discuss the problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) he/she has filed a letter indicating that he/she xx- xxxxxx work for reasons other than contracting the period of the anticipated work shortage; in such cases he/she will be deemed to have taken leave of absence and to have opted out of the G.W.P. until he/she indicates by letter that he/she is again available for short time work assignments, or
(ii) unless he/she has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which he/she has indicated that he/she will be available, and with respect to any hours for which he/she has indicated that he/ she is not available he/she will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time assignments within his/her seniority group. An em- ployee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be scheduled for any subsequent weeks until he/she noti- fies the employees affected Employer in writing that he/she will be avail- able for reasonable short time work assignments, and until he/she does so he/she will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A regular employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority he/ she has accumulated at the Employer and time the Local shall meet layoff commences up to discuss the layoffsa maximum of two (2) years calculated from his/ her last day at work.
20.02 If (d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that he/she will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which he/she has made himself/herself available. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In- demnity benefits before he/she is actually laid off or scheduled for short time assignments will continue to be laid off, draw benefits for the hospital shall notify duration of his/her illness or up to the employee max- imum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Local, in writing, at least fourteen (14) calendar days before the layoff Weekly Indemnity and Long Term Disabil- ity Plans ceases immediately upon his/her lay off and is to be effective. If the employee is not given the opportunity reinstated upon his/her recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non-occupational accident, shall be xxx- gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort his/her recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit- ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at his/her own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over- staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol- lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain his/her existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which he/ she has been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
a) declaring a short term layoff,
b) by eliminating one (1) or more bargaining unit positions from the department, or
c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least proposed layoff fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term in advance of notice he shall be paid to the employee(s); and
b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof for such days. The Hospital thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the University will meet with the Local Union to discuss inform the disposition Union of staff so affectedits intention and the reason(s) for the layoff. Discussion At this meeting, the University and the Union may explore and agree to alternative arrangements that meet the operational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
17.04 An employee will commence between normally be expected to work through the parties within ten (10) calendar days notice period, but the University may choose not to require the employee to attend at work during all or part of such the notice and every reasonable effort period in which case the employee will be made so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to provide continuing employment for employees Article 17.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the hospital Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the bargaining unitssame classification.
20.03 Subject 17.07 The notice period shall begin on the date that written notice of layoff is received by the employee or the date on which written notice of layoff is delivered by registered mail to 20.04the employee’s address on file with Human Resources, whichever is earlier.
a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
c) if an employee is on short term sick leave, the notice period will begin on the date the employee is deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.
17.09 Employees shall have the following entitlements in the event of a layoff;
a) An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University’s pension plan as outlined in Article 23; or
(iii) elect to fill a vacant position, provided they are qualified to perform the available work; or
(iv) displace an employee with lesser seniority whose work they are qualified to perform.
b) In all cases of layoff:
(i) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. The unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.
(iii) All regular part-time and regular full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new employee is hired into either category.
(iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Part-time employee has greater seniority than a Full-time employee, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee hired until all those employees who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except (a) In case it becomes necessary to reduce the work force by
(i) reduction in cases the number of emergencyemployees, layoffs due or
(ii) reduction in the number of regularly scheduled hours available to lack of work for reasons other than contracting out one or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionmore employees, the Employer will notify the Association and the Local shall meet to discuss the layoffs.
20.02 If an employee is all employees who are to be laid off, the hospital shall notify the employee and the Local, in writing, off at least fourteen (14) calendar days before prior to layoff, except that the fourteen (14) calendar days' notice shall not apply where the layoff is to be effectiveresults from an Act of God, fire, or flood. If the employee is laid off has not given the been provided with an opportunity to work her regularly scheduled hours during fourteen (14) calendar days after notice of layoff, the scheduled work days during the term of notice he employee shall be paid in lieu thereof of such work for such days. The Hospital will meet with that portion of the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten fourteen (1014) calendar days during which work was not made available. Where the layoff results from an Act of such notice and every reasonable effort will be made God, fire or flood the affected employee shall receive pay for the days when work was not available up to provide continuing employment for employees a maximum of two (2) weeks' pay in the hospital and in the bargaining unitslieu of notice.
20.03 Subject (b) If the Employer proposes to 20.04layoff an employee, in while she is on leave of absence, Workers’ Compensation or absent due to illness or injury, she shall not be served with notice under sub-article (a) until she has advised the event Employer of a layoff, employees shall be laid off in the reverse order of their hospital seniorityher readiness to return to work.
20.04 An employee who (c) When notice of xxxxxx is affected by work shortage in his department will be entitled delivered to claim the job of another an employee in any department subject to person, the following conditions:employee may be accompanied by a representative of the Association, if one is available.
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Layoff shall be given a reasonable period in reverse order of time to demonstrate sufficient skill and ability to perform seniority, however the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee Employer shall have the right to exercise his seniority retain employees who would otherwise be laid off when layoff in accordance with 20.04this Article would result in retaining employees who are not capable and qualified of performing the work required.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) The parties shall discuss the Hospital shall not demote any employee for appropriate application of the sole purpose of replacing him with an employee of a higher paid classificationabove clause.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except (1) Layoff of auxiliary employees shall be by classification in cases reverse order of emergencyservice seniority block as set out in Memorandum of Understanding 3.
(2) Auxiliary employees laid off subject to (1) above or Clause 24.2(f)(i) or (ii) shall be entitled to displace working junior auxiliary employees within their seniority block. Where such displacement occurs, layoffs due the employee must be qualified to lack perform duties of displaced employee and accept work terms of project or maintenance work group involved.
(b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work which is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for reasons other that unit. Auxiliary employees will not be required to be available for more than contracting out three consecutive hours on any one day between the hours of 8:00 a.m. to 6:00 p.m. Unless otherwise specified in writing, the three hour contact period will be set as 3:00 p.m. to 6:00 p.m. Where unforeseen operational requirements result in the Employer recalling auxiliary employees outside of the set contact hours, the provisions of (d)(ii) below shall apply.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or mergers a term certain of hospitals less than 20 working days, shall be laid off upon completion of the season or services term and shall be subject to recall procedures in accordance with (b) above.
(d) Notwithstanding (a) above, auxiliary employees hired for seasonal work with a term certain of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) more than 500 hours shall receive as much notice as possible but no less than seven calendar days' notice of intent. In conjunction with the notice layoff in writing if they are to be laid-off prior to the Unionend of their seasonal assignment.
(1) If the Employer is unable to contact auxiliary employees the employees will be immediately advised by registered mail of the date, time, and result of the contact attempt(s), and that they are considered to have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the Employer outside of normal business hours (8:00 a.m. 6:00 p.m.) will not be counted for purpose of Clause 11.4.
(2) In the event the Employer is not able to contact a senior auxiliary for work which is offered outside of the set contact hours and hires a junior auxiliary employee, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace them after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in a senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the displaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior auxiliary employee pursuant to this clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(i), the Employer and shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of xxxxxx has been issued to the Local displaced auxiliary, the senior auxiliary shall meet maintain their entitlement to discuss the layoffsClause 31.3(a)(i).
20.02 If an employee is (f) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be laid offa decline for purposes of Clause 11.4.
(g) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the hospital shall notify the employee and the LocalEmployer, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort they will be made considered to provide continuing employment have declined work for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event purposes of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsClause 11.4:
(a1) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given Absence on a reasonable period of time to demonstrate sufficient skill and ability to perform the jobWorkers' Compensation Board claim.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases a) If a reduction of emergency, layoffs regular employees is necessary due to lack a shortage of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionbudgetary restraints, the Employer shall meet with, and advise the Union of the proposed reduction and the Local jobs affected as soon as possible, and no reduction in staff shall meet occur until the following procedures are applied. The basic principle in applying layoff to discuss the layoffs.
20.02 If an any regular employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04last hired, in the event of a layoff, employees shall be first laid off in provided the reverse order of their hospital seniority.
20.04 An retained employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to can perform the job.
20.05 When a Hospital arbitrarily assigns an employee b) Not less than ten working days written notice (20 working days for employees with five years of service or more) will be given to another department/facilityaffected employees before the scheduled reduction takes place. If the written notice is not given, or pay in lieu will be provided.
c) The Employer will endeavour to another position which constitutes a major change place regular employees so affected in other vacant positions within the Victoria Regional Transit System for which, in the opinion of the Employer, they are qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed 60 calendar days. In such cases the Union agrees to waive the requirement to post. Where placement in an equal level job is made available to an employee's duties, the employee shall not have the right any bumping rights under this Article.
8.02 A regular employee who is subject to layoff, and not eligible for placement under 8.01(c), may elect to exercise his their bumping rights, in the Victoria Regional Transit System on the following basis:
a) An employee with less seniority in accordance the same job classification, or failing that, either: b)
(i) An employee with 20.04.less seniority in a job which the employee subject to layoff held as a regular employee, or
20.06 No new applicant (ii) Bumping is also allowed to an equal or lower group that the displaced employee has not previously held but which, in the opinion of the Employer, the employee is qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed 30 working days. If after 30 working days the bump is unsuccessful the employee may choose a second bumping subject to the above criteria. If the second bump is also unsuccessful after 30 working days, the employee shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, placed on the recall list and will fall under the provisions of Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies8.06.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except order, procedure and restrictions
(a) When a staff reduction becomes necessary, the employee with the least seniority shall be the first to be laid off. An employee who is displaced or whose position is eliminated under this Article shall have rights to redeployment in cases accordance with Article 18.02 (e) (Redeployment).
(b) As work becomes available, employees will be recalled according to seniority and their ability to perform the work, provided the employee has been laid off for a period not in excess of emergencytwenty-four (24) months.
(c) It is the responsibility of an employee on layoff to provide her current address to the Human Resources Department. An employee who is notified of recall by registered mail shall have five (5) days from the date of the notification, layoffs due excluding Saturday and Sunday, to lack inform the Board of her intention to return to work. The Board shall advise the employee of the date of her return to work, and in all instances the employee shall return to work within fifteen (15) days of the notice of recall. Employees shall not have the right of refusal on recall to a permanent position at the same rate of pay and the same hours of work or greater to a maximum of three (3) hours from which they were laid off.
(d) Benefits for reasons other than contracting out an employee on layoff shall terminate the end of the month following the month in which the layoff occurred.
(e) No new employee will be hired until employees on layoff have had an opportunity of recall. Where qualifications, certification or mergers of hospitals or services of hospitals will only take place after specialized expertise are required to fill the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionposition, the Employer and the Local provisions of Article 18.02 (f) shall meet to discuss the layoffsapply.
20.02 If an employee (f) The parties agree, notwithstanding anything contained in the Collective Agreement, that the following shall constitute the order in which staff is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to off should layoffs be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsnecessary:
(ai) that such other job is held by an employee with less senioritytemporary employees;
(bii) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under Pages;
(biii) above full-time and part-time employees.
(i) There shall be given a reasonable period no layoffs of full-time to demonstrate sufficient skill and ability to perform the jobpart-time staff with eleven (11) years’ seniority or more.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, (ii) Any reduction of days or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees hours of work shall be deemed to have applied for such vacanciesa layoff.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 12.01 In determining which employee(s) are to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected be laid off and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalled from layoff, the Employer and shall consider seniority provided that the Local employee in question has the
12.02 This Article shall meet not apply to discuss the layoffslayoffs of a temporary nature (i.e. layoffs of up to 30 calendar days).
20.02 If 12.03 When an employee is recalled pursuant to be laid off, the hospital shall notify the employee Article 11.06 (f) and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he immediately available for work, other seniority employees who are qualified may be recalled and shall be paid in lieu thereof for such days. The Hospital will meet with temporarily employed until the Local to discuss senior qualified employee reports within the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsas outlined.
20.03 Subject to 20.04, in 12.04 In the event of a layoffproposed layoff of a permanent or long-term nature, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsEmployer will:
(a) that Provide the Association with sixty (60) days notice of such other job is held by an employee with less seniority;layoff, and
(b) that such employee claiming Meet with the job has sufficient qualifications Association to perform review the job. following:
i) The Hospital shall not assess reasons causing the qualifications layoff;
ii) The method of implementation and the employee(s) laid off;
iii) The names of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit members affected.
20.05 When a Hospital arbitrarily assigns an employee to 12.05 In the event of restructuring, consolidation or extension of any part of the service of the Employer with those of another department/facility, agency or to another position which constitutes a major change in the employee's dutiesagencies, the employee shall have Employer and the right Union agree to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless implement the employee was notified in writing at the time of hiring that the position was a temporary appointmentfollowing:
(a) The Employer will advise the Hospital shall not layoff any employee for any reason other than lack Union concerning the restructuring, consolidation or extension of work; andservices within thirty (30) days after a decision to change services has been taken.
(b) As soon as practical, in the Hospital shall not demote any employee course of developing a plan for the sole purpose implementation in the change of replacing him with an employee services, the Employer shall notify the Union of a higher paid classificationthe projected staffing needs and their location. Such notice shall include the estimated number and types of positions/jobs/ assignments and their location.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except SECTION A. A layoff is a reduction in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given working force within a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsclassification within a Department.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in SECTION B. In the event of a layoff, the following procedures shall be followed:
1. Probationary employees within the affected classification within the Department will be laid off first.
2. Thereafter, seniority employees with the affected classification within the Department will be laid off according to classification seniority, providing the remaining employees in the classification within the Department can perform the available work.
SECTION C. For purposes of this Article, the term "classification seniority" means the date appearing on the City's records on which an employee began working in a given classification.
SECTION D. Probationary employees shall be considered as terminated rather than laid off in the event of a reduction in work force. There shall be no requirement for the City to rehire. In the event they are rehired at a later date, they shall be treated for all purposes of this Agreement as a new employee.
SECTION E. Temporary adjustments of the work force due to such things as emergencies, breakdown of equipment, fire, flood, power failure, labor disputes, civil disorders, and conditions beyond the control of the Employer may be made without application to the above provisions. If such a temporary adjustment continues for more than five (5) working days, the Union may request the Employer to adjust the working force according to the above Sections, and the Employer will do so within three (3) working days thereafter. The provision will not be used to discipline any employee.
SECTION F. When possible, employees to be laid off for an indefinite period of time shall receive at least thirty (30) calendar days notice of layoff. The Union President shall be notified of the employees being laid off on the same day the notices are issued to the employees.
SECTION G. Employees will be recalled in the reverse order of their hospital seniority.
20.04 An the layoff, providing the employee who is affected by work shortage in his department will can perform the available work. Notice of recall shall be entitled to claim the job of another employee in any department subject sent to the following conditions:
(a) that such other job is held employee at his last known address by registered or certified mail. If an employee with less seniority;
fails to report to work within ten (b10) that such employee claiming days from the job has sufficient qualifications date of mailing of the notice of recall, he shall be considered to perform have voluntarily left the jobemployment of the City. The Hospital shall not assess the qualifications City may grant reasonable extensions of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable this period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, those cases where the employee shall have the right for good cause is unable to exercise his seniority in accordance with 20.04report to work, but not to exceed an additional twenty (20) days.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except (a) The Department in cases its sole discretion shall determine whether layoffs are necessary and shall determine which job title(s) shall be affected. Such reasons include without limitation the following situations: (1) financial necessity, (2) operational efficiency and (3) program reduction. The Department's determination to effectuate a layoff shall be final and not subject to the grievance or arbitration procedures of emergencythis Agreement.
(b) Whenever layoffs are contemplated, the Department shall notify the Union as early as possible. At the same time, the Department shall request immediate notification by area supervisors of any vacancies, which exist or are anticipated within the next 60 days. At the time that any notices of individual lay-offs are sent, the Department shall have a current list of actual and anticipated vacancies on file in the Human Resources Area. If the Union wishes to propose alternatives to layoffs, the Department will hear such alternatives but in no case will it be obligated to accept the Union's proposals. Any such Union proposals should be made to the Department at the earliest opportunity. Notices of individual layoffs due shall be provided, in writing, by the General Manager to lack each individual employee who is to be laid off no less than sixty (60) days prior to the effective date of work such layoff. If an employee is unavailable to receive notice of layoff for reasons other than contracting out or mergers a period of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty five (305) calendar days' days from when said notice of intent. In conjunction with is prepared, the General Manager shall provide said written notice to the Union, and such notice shall be considered notice to the Employer and the Local employee. Such notice shall meet to discuss the layoffsbe by certified mail, return receipt requested.
20.02 If an (c) Within a job title(s) affected by a layoff, the employee(s) having the least seniority as defined in Article VI shall be laid off.
(d) An employee who is given notice that he/she is to be laid off, the hospital shall notify the employee and the Local, in writing, who has had at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term one consecutive year of notice he shall be paid in lieu thereof for such days. The Hospital satisfactory or better evaluations, will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall also have the right to attempt to displace a less senior employee in a position for which he/she is as qualified as the incumbent, or can reasonably be expected to be as qualified as the incumbent by the end of the sixty (60) day probationary period with usual and customary on the job training. Provided, however, that an employee may exercise his seniority in accordance with 20.04displacement rights only into a job title which has a pay grade which is equal to or lower than his/her own. Any such employee may also elect against exercising displacement rights, receive three hundred twenty (320) hours of severance pay at the next payment date and immediately be placed on lay-off status.
20.06 No new applicant (e) An employee who has received written notice of layoff shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.fourteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off the Corporation may layoff in the reverse order of their hospital seniorityseniority within the classification.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming Laid off employees will be recalled on the job has sufficient qualifications basis of seniority within the classification to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobavailable or new postings which otherwise would have been posted.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 (c) No new applicant employees shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an the opportunity for a jobto return to work and have failed to notify the Corporation of their intention to do so, for which they are qualifiedin accordance with (d) below, under Article 31. Those qualified or have been found unable to perform the work available.
(d) It is the sole responsibility of the employee who has been laid off employees to notify the Corporation of 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 mail, addressed to the last address on record with the Corporation (which notification shall be deemed to have applied 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 shall report for such vacancieswork. The employee is solely responsible for her proper address being on record with the Corporation.
20.07 Unless (e) Where the employee was notified fails to notify the Corporation or to return to work in writing at accordance with the time provisions of hiring that paragraph (d), she shall lose all seniority and deemed to have quit the position was a temporary appointment:employ of the Corporation.
(af) In the Hospital event that a layoff commences on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff any employee for any reason other than lack of work; andcommenced.
(bg) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and No full-time employees who are laid-off employee within the bargaining unit shall be offered casual and/or temporary employment during their period laid off by reason of recall by order of seniority provided they are available and were employed for that type of workhis/her duties being assigned to one or more part-time employees.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 14.01 In the event of a reduction in cases the number of emergencyemployees in the plant, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff shall be given five (5) working days notice of layoff except in circumstances which are beyond the control of the Company, in which case the hospital employees shall notify be given two (2) working days notice of layoff. The names of these employees shall be given in writing to the Plant Chairperson. Normal fluctuations in customer demands are not considered as beyond the control of the Company.
14.02 Layoffs shall be carried out as follows:
a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority provided they are willing and able and have the skill and ability to perform the work.
14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are willing to be recalled to, within three (3) working days of being notified. Notice shall be in duplicate on forms supplied by the Company and signed by the employee and the Local, in writing, at least fourteen (14) calendar days before the supervision.
14.04 Any employee who is transferred to another job because of a layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff applicable job rate while so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsemployed.
20.03 Subject to 20.0414.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, employees shall be laid off continue at work as long as work is available in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim Company for which they are willing and able and have the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When 14.06 In the event that there is an increase in the workforce after a Hospital arbitrarily assigns layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work.
14.07 Where a dispute arises regarding an employee being able to another department/facilitydo the work available, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant he shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity to perform the job for a jobreasonable period not to exceed five (5) working days, for which they are qualifiedunless his performance indicates injury or damage possibilities.
14.08 In the event of an increase in the workforce, under Article 31. Those qualified the Company agrees to call the most senior employee on the seniority list to do the work available.
14.09 If an employee is laid off employees shall be deemed to have applied out of classification and then utilized in that classification for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of workfive (5) consecutive days, he will be immediately reinstated back into the classification he was laid off from.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 16.01 In the event of lay-off, the Clinic shall lay-off employees in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction accordance with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsprocedure in Article 16.
20.02 If an 16.02 The Clinic shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, such notice in writing of her lay-off in accordance with the following schedule: Up to one year’s seniority 1 week’s notice 1 year but less than 3 years’ seniority 2 weeks’ notice 3 years’ but less than 4 years’ seniority 3 weeks’ notice 4 years but less than 5 years’ seniority 4 weeks’ notice 5 years’ but less than 6 years’ seniority 5 weeks’ notice 6 years but less than 7 years’ seniority 6 weeks’ notice 7 years’ but less than 8 years’ seniority 7 weeks’ notice 8 years’ seniority or more 8 weeks’ notice Such notice will be handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An employee on lay-off and recalled to a temporary position shall not be entitled to further notice of lay- off. Such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown), or for any other reason beyond the Clinic’s control. In the alternative, the Clinic may choose to pay the employee in lieu of notice the amount of pay as constituted by the appropriate number of weeks set out.
16.03 In all other cases of lay-off, the hospital Clinic shall notify the give each employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsunit who has acquired seniority one (1) week’s notice.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 16.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to lay-off shall have the following conditionsright to either:
(a) that such other job is held by an employee with less seniority;accept the layoff; or
(b) that such displace the least senior employee claiming in the job has sufficient qualifications to same classification; the displaced employee may then displace the least senior full time bargaining unit employee; the displaced full time bargaining unit employee will displace the least senior part time bargaining unit employee, provided that:
(i) the laid off employee can perform the jobwork within the normal orientation period of one (1) week. The Hospital In no case shall not assess the qualifications an employee who is subject to lay-off be able to “bump” to a higher-rated position or obtain a promotion through such circumstance. See Letter of the Understanding at Schedule “C”
16.05 An employee in an arbitrary manner. Such employees meeting the requirements laid off under (b) above Article 16.01 shall be given recalled to a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another vacant position which constitutes a major change in the employee's duties, same classification in which the employee shall have the right to exercise his seniority lay-off occurred in accordance with 20.04Article 16.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. A. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniorityseniority within their classification.
20.04 B. Laid off employees can bump junior employees provided they have the necessary qualifications and the ability to perform such job.
C. The employer shall notify employees who are to be laid off, ten (10) working days prior to the effective day of layoff, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case, such greater period of notice or pay in lieu thereof shall be given.
D. Employees shall be recalled in order of their seniority, where jobs become available, provided they have the qualifications and the ability to perform such jobs following a trial or training period. The employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee shall return to work within seven (7) working days from the time that he/she receives notice of recall unless, on reasonable grounds, he/she is unable to do so. An employee who is affected by work shortage has been given notice of recall may refuse to exercise such right without prejudicing his/her right to recall in his department will the future should the recall be for part- time or temporary.
E. No new employees shall be hired until those laid off have been given the opportunity of recall. Laid-off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in writing prior to layoff and shall be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that apply for such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the jobjobs. The Hospital shall not assess the qualifications A copy of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above employee’s request shall be given a reasonable period of time to demonstrate sufficient skill the employer and ability sent to perform the jobUnion.
20.05 When F. In the event of a Hospital arbitrarily assigns an employee to another department/facilitylayoff, or to another position which constitutes a major change in the employee's duties, the employee employees affected shall have the right to exercise his seniority in accordance with 20.04continue coverage of benefits, as permissible by the Plan, by making 100% of the payment directly to the Town.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of 15.01 When reducing the work for reasons other than contracting out force or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalling employees, the Employer and same shall be done by job title on basis of seniority. Where the Local shall meet senior employee possesses sufficient ability to discuss perform the layoffs.
20.02 If an employee is to be laid offrequired work, the hospital senior employee shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job exercise any one (1) of another employee in any department subject to the following conditionsoptions:
(a) that such other job is held by an employee with less To exercise bumping rights on the basis of her/his seniority;
(b) To go on lay-off and be entitled to exercise recall rights;
(c) To go on lay-off and be available on a call-in basis.
15.02 When recalling an employee who has been laid off, the Employer shall attempt to notify the employee by phone. If contact cannot be made by telephone, the Employer shall notify the employee by registered letter addressed to that such employee’s last known address. Nothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for a response to a registered letter. If an employee claiming does not respond within one (1) week, the job Employer shall automatically move to the next senior employee. Employees who are not called back within nine (9) months of being laid off or who refuse two (2) call backs shall have their employment relationship severed.
15.03 Where an employee has sufficient qualifications to perform been in the job. The Hospital continuous service of the Employer for at least three (3) consecutive months, the Employer shall not assess the qualifications of lay off the employee without giving the employee at least the following notice or pay in an arbitrary manner. Such employees meeting the requirements under lieu thereof:
(a) one week’s written notice where her/his period of employment is more than three months but less than one year;
(b) above shall be given a reasonable two weeks written notice where her/his period of time to demonstrate sufficient skill and ability to perform the jobemployment is one year or more but less than three years;
(c) four weeks written notice where her/his period of employment is three years or more but less than five years;
(d) six weeks written notice where her/his period of employment is five years or more but less than ten years;
(e) eight weeks written notice where her/his period of employment is ten years or more.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee 15.04 New employees shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall not be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall to be deemed to have applied for such vacanciesre-called.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital 15.05 The Employer shall not layoff any employee for any reason other than lack make every effort to restore hours of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time , by seniority, to employees who are laid-off shall be offered casual and/or temporary employment during have had their period hours reduced before the hiring of recall by order of seniority provided they are available and were employed for that type of worknew employees.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union will be given reasonable notice of the Employer’s intention to lack lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as‑ signments for employees in several seniority groups cov‑ ered by this Agreement, then the Employer shall discuss the problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) he/she has filed a letter indicating that he/she de‑ xxxxxx work for reasons other than contracting the period of the anticipated work shortage; in such cases he/she will be deemed to have taken leave of absence and to have opted out of the G.W.P. until he/she indicates by letter that he/she is again available for short time work assignments, or
(ii) unless he/she has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em‑ ployee must accept all reasonable short time work assignments for which he/she has indicated that he/she will be available, and with respect to any hours for which he/she has indicated that he/ she is not available he/she will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre‑ sumed to be available for all reasonable short time assignments within his/her seniority group. An em‑ ployee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be scheduled for any subsequent weeks until he/she notifies the employees affected Employer in writing that he/she will be available for reasonable short time work assignments, and until he/she does so he/she will be deemed on lay‑ off but not eligible for benefits under the Local have been given G.W.P.
(c) A regular employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority he/ she has accumulated at the Employer and time the Local shall meet layoff commences up to discuss the layoffsa maximum of two (2) years calculated from his/ her last day at work.
20.02 If (d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that he/she will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which he/she has made himself/herself available. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In‑ demnity benefits before he/she is actually laid off or scheduled for short time assignments will continue to be laid off, draw benefits for the hospital shall notify duration of his/her illness or up to the employee max‑ imum allowed by the Plan. An employee’s eligibility for personal leave and partici‑ pation in the Local, in writing, at least fourteen (14) calendar days before the layoff Weekly Indemnity and Long Term Disabil‑ ity Plans ceases immediately upon his/her lay off and is to be effective. If the employee is not given the opportunity reinstated upon his/her recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non‑occupational accident, shall be xxx‑ gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort his/her recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit‑ ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at his/her own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over‑ staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol‑ lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain his/her existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which he/ she has been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency10.01 In the event it is necessary to lay-off any bargaining unit Employee, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he lay-offs shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniorityseniority according to job classification.
20.04 An 10.02 Any employee who is affected by work shortage in his department will be entitled subject to claim lay off may;
a) Bump the job of another most junior employee in any department subject to the following conditions:same classification or
(a) that such other job is held by an employee with less seniority;
(b) that such Bump the most junior employee claiming in a classification they have previously held (within the job has sufficient qualifications last 5 years) or
c) Bump the most junior employee provided they are qualified to perform the jobwork required.
d) A laid off employee shall retain seniority and recall rights with the employer for ten (10) months after the date of lay-off. The Hospital Employees who have ten (10) years plus service shall not assess the qualifications receive twelve (12) months recalls rights. Recall of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Employees shall be given a reasonable period in the reverse order of time lay-off according to demonstrate sufficient skill and ability to perform the jobjob classification.
20.05 When e) If a Hospital arbitrarily assigns an employee laid off Employee is called back to another departmentwork with the Employer within his/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the her right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which recall period there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for been no break in such vacanciesan Employee’s continuous service with the Employer by reason of lay-off.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are 10.03 The Company will make every reasonable effort to contact laid-off Employees at the address and telephone numbers provided by the Employee. It shall be offered casual and/or temporary employment during the responsibility of the Employee to keep the Company informed of their period current address and telephone number while laid-off.
10.04 During the first one hundred and twenty (120) days of a lay-off, an Employee has the right to decline a recall by order of seniority provided they are available to work if it is not within their classification. An Employee who declines a recall cannot later change his/ her mind and were employed for that type of workbump a junior Employee.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases (a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services the Employer, (including budgetary restraints), the Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been given jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. During this meeting, the Parties will determine if the lay-offs are to be handled in accordance with Article 8.01 or 8.09.
(b) The basic principle in applying layoff to any regular employee shall be last hired, first laid off within the classification at the location affected provided the retained employee can perform the job. It is understood that employees either placed in a minimum vacancy or exercising bumping rights under Article 8.02 and 8.03 shall be governed by the following:
(i) Full-time regular employees are eligible for full-time or part-time regular positions. Part-time regular employees are eligible for part-time or casual positions.
(ii) Employees who are placed or who bump into a position are only eligible for such position if, in the opinion of the Employer, the employee is qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' .
(c) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of intentservice or more) will be given to affected employees before the scheduled reduction takes place. In conjunction If the written notice is not given, pay in lieu will be provided.
(d) Employees so affected will be offered the following in the following order:
1. The employee may choose to bump a junior employee within the classification or accept placement in a vacancy in accordance with Article 8.02;
2. Failing the notice to the Unionabove, the Employer and the Local shall meet employee may choose to discuss the layoffs.
20.02 If bump in accordance with Article 8.03 or elect severance pay in accordance with Article 8.04. Regardless of whether an employee is placed in a vacancy or is allowed to be laid offbump, if after thirty (30) working days the employee is unsuccessful in the position, the hospital shall notify employee is eligible for a second position through the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectivemethods set out above. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees unsuccessful in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
second position after thirty (a30) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesworking days, the employee shall have be placed on the right to exercise his seniority recall list and will fall under the provisions of Article 8.06 and may elect severance in accordance with 20.04Article 8.04.
20.06 No new applicant shall be hired in a hospital in which there has been (e) The intent of this language is to minimize the effect of a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesnotice on other bargaining unit employees.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 15.01 A layoff is defined as a reduction in cases of emergency, layoffs due to lack of the work for reasons force (other than contracting out discharge for just cause) that results in the displacement of a full-time employee, or mergers a reduction in regular hours for a full-time employee to twenty-four (24) hours or less per week or one-thousand two-hundred and forty- eight (1,248) hours or less per year.
15.02 When the College decides to lay off employees, the College will first meet with the Union to outline the reason that layoffs are required. The College will notify the Union of hospitals or services of hospitals will only take place after the employees affected and the Local positions affected, once they have been given identified, before the affected employees are notified.
15.03 For the purpose of layoffs, the following factors shall be considered: qualifications; skills; ability; experience; and seniority. It is agreed that where these factors are relatively equal between employees, seniority shall govern. It is also agreed that probationary employees performing the work in question shall be the first to be laid off.
15.04 Where an employee who has completed her probationary period is to be laid off for more than thirteen (13) consecutive weeks, the College shall provide a minimum of thirty four (304) calendar days' notice weeks notice, or salary in lieu thereof, to such employee. For employees with five (5) or more years of intent. In conjunction with the notice to the Unioncontinuous service, the Employer and the Local shall meet to discuss the layoffs.notice, or salary in lieu thereof, will be provided as follows:
20.02 If 15.05 It is agreed that where an employee with seniority is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to she will be effective. If the employee is not given the opportunity to work accept the scheduled work days during the term of notice he shall layoff and be paid in lieu thereof for such days. The Hospital will meet with the Local placed on recall or accept an assignment to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and another position in the bargaining units.unit in accordance with the following sequence:
20.03 Subject to 20.04, a) To a vacant position in the event of same pay grade which she is qualified to perform without training. If there is no such position then;
b) The employee would be given the opportunity to identify to the College a layoff, employees shall be laid off position(s) in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is same pay grade or a lower pay grade held by an employee with less seniority;
(b) that such seniority which the employee claiming the job has sufficient qualifications is qualified to perform the jobwithout training. The Hospital shall not assess employee must identify such position(s) to the qualifications College within ten (10) working days after being given notice of layoff, failing which the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall will be deemed to have applied for such vacanciesforfeited any rights to bump a junior employee.
20.07 Unless c) If there is no position pursuant to a) or b) above, or if the employee was notified in writing at the time of hiring that the is offered and declines to accept a position was a temporary appointment:
(pursuant to a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(or b) the Hospital above, she shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationbe laid off.
20.08 Part15.06 Severance pay will be provided to employees with five (5) years or more of service on the basis of two (2) weeks pay for every year of service to a maximum of twenty-time six (26) weeks. An employee may choose between retaining recall rights and full-time employees who are laid-off receiving severance pay. If the employee chooses to retain recall rights in accordance with article 13.03, severance pay will be held by the Director, Employment Standards. The severance pay will be paid out to the employee when recall rights expire.
15.07 A recall is defined as a request to the employee to return to work when work is again available as outlined in Article 15.08.
15.08 a) Employees shall be offered casual and/or temporary employment during their period of placed on a recall by order of seniority provided they are available and were employed for that type of worklist as per Article 13.03.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases (a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services the Employer, (including budgetary restraints), the Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
(b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
(c) The Employer will endeavor to place regular employees so affected in other vacant positions within the Division or Employer for which, in the opinion of the Employer, they are qualified or will be qualified within a minimum reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' notice of intent. In conjunction with such cases the notice Union agrees to waive the Unionrequirement to post. Where placement in an equal level job in the employee’s Regional Transit Service Area is made available to an employee the employee shall not have any bumping rights under this Article, provided that the Employer and the Local shall meet to discuss the layoffsplacement would not require payment of moving expenses as outlined in Article 17.
20.02 If an 8.02 A regular employee who is subject to be laid offlayoff, the hospital shall notify the employee and the Localnot eligible for placement under 8.01(c), may elect to exercise his/her bumping rights, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If Regional Transit Service Area where the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to currently employed on the following conditionsbasis:
(a) that such other job is held by an An employee with less seniority;seniority in the same job classification, or failing that, either:
(bi) An employee with less seniority in a job which the employee subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that such the displaced employee claiming has not previously held but which, in the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications opinion of the Employer, the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall is qualified or will be given qualified within a reasonable period of time training and orientation. Such period of orientation is not to demonstrate sufficient skill and ability exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in above criteria. If the employee's dutiessecond bump is also unsuccessful after thirty (30) working days, the employee shall have be placed on the right recall list and will fall under the provisions of Article 8.06. This type of bumping is limited to the Service Area in which the employee is currently employed.
(c) Regular employees who are bumped under the foregoing provisions may in turn exercise his their seniority to bump other employees in accordance with 20.04this Article.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union be given reasonable notice of the Employer’s intention to lack lay off regular employees or to schedule some of work them for reasons less than full time hours or for hours other than contracting out or mergers regular hours in lieu of hospitals or services layoff. This notice will permit discussion of hospitals will only take place after the employees affected problem and pro- vide an opportunity for either the Local have been given Union or the Em- ployer to make suggestions which could eliminate or reduce the extent of the layoff or short time situation anticipated, such as a minimum change in the system of thirty (30) calendar days off or additional paid vacation days' notice , in lieu of intentvacation bonus. In conjunction with the notice to the UnionFollowing such meeting, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is promptly ad- vise those employees who are likely to be laid offoff or sched- uled for short time or for other than regular hours. Where such curtailment of business or changed con- ditions are likely to cause layoff or short time work assign- ments for employees in several seniority groups covered by this Agreement, then the hospital Employer shall notify discuss the prob- lem with the Provincial Board.
(a) A regular employee who is scheduled for less than regu- lar hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless: has filed a letter indicating that xx- xxxxxx work for the period of the anticipated work shortage; in such cases will be deemed to have taken leave of absence and to have opted out of the Localuntil indicates by letter that is again available for short time work as- signments, or unless has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which has indicated that will be available, and with respect to any hours for which has indicated that is not available will be deemed to be on layoff, but not eligible for payments for those hours. An employee who has not filed such a letter is presumed to be available for all reasonable short time assignments within seniority group. An employee who refuses to accept or fails to report for a scheduled as- signment without reasonable excuse shall be struck off the schedule for the week, and will not be scheduled for any subsequent weeks until notifies the Em- ployer in writingwriting that will be available for rea- sonable short time work assignments, and until does so will be deemed on layoff but not eligi- ble for benefits under the A regular employee who is laid off shall be carried on the seniority list for a period equal to the seniority he/ she has accumulated at least fourteen (14) calendar days before the time the layoff is commences up to a maximum of two (2) years calculated from her last day at work. Regular employees who are scheduled to work any hours in any week will continue to be effectiveeligible for Weekly In- demnity coverage except that the benefit for a regular employee who has filed a letter indicating that will accept only limited work will be limited to an amount not in excess of of the hours for which has made available. If Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly In- demnity payments during any such week. However, an employee already in receipt of Weekly Indemnity benefits before is actually laid off or scheduled for short time assignments will continue to draw benefits for the employee duration of illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and par- ticipation in the Weekly Indemnity and Long Term Dis- ability Plans ceases immediately upon lay off and is not given the opportunity reinstated upon recall to work and com- pletion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to re- port to work due to sickness or non-occupational acci- dent, shall be eligible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort recall. When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must have the requirements under ability and physical fitness for the position that is open; the employee must transfer voluntarily at own expense; the employee must accept the rate that is applicable to the vacancy; if a vacancy is not filled within seven (b7) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesdays, the employee com- pany shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from overstaffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.expanding geographic basis as follows: The same Union Local Neighbouring Union Locals Provincially
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except Layoff shall mean the discontinuation or reduction in cases hours of emergencya position or positions, layoffs with the exception of casual part time positions, due to a lack of work for reasons other than contracting out or mergers reduction or discontinuation of hospitals a service or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04program, in the event of a layoff, employees the Employer will notify:
I. the Local Executive II. any affected staff III. program staff IV. all other staff as appropriate
20.02 Advance Notice of Layoff - unless legislation is more favourable to the Employee, YSB shall give advance notice to Employees who are to be laid off according to the following:
1. Employees with more than four months but less than five years of service will receive a minimum of five (5) weeks’ notice in advance of the actual date of layoff.
2. Employees with five years or more of service will receive notice in advance of the actual date of layoff equivalent to one week of notice per year of service to a maximum of ten (10) weeks.
3. If work is not provided for during the period of notice Employees shall be paid for the days for which work was not made available.
20.03 The following provisions will apply to positions that are funded for the 10 month school year:
a) Positions in these programs shall be posted as permanent
b) Employees in these positions shall be laid off in at the reverse order end of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject school year and recalled to the following conditions:same position at the beginning of the school year,
(ac) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital Employees in these positions shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority bump as outlined in accordance article 20.10 unless their position is eliminated, d) Article 20.13 will apply while on layoff.
20.04 Employees in receipt of a notice of layoff will be provided with 20.04reasonable time off from work with pay to attend job interviews.
20.05 An Employee who is laid off shall be entitled to a cash equivalent of all vacation leave credits accrued as of the day of layoff.
20.06 No new applicant shall Employees in receipt of a notice of layoff will have the opportunity to meet with the Human Resources Director or designate within five (5) working days, or at a mutually agreed upon time, to review their options. Employees may be hired accompanied to this meeting by a representative of the Local.
20.07 Employees in a hospital in which there has been receipt of a layoff until those laid off notice shall have, subsequent to the meeting identified in Article 20.03, a further period of 10 days to advise YSB, in writing, of their application for less than eighteen (18) consecutive months have been given an opportunity for a job, positions for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time qualify and which they would prefer by reason of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationseniority.
20.08 Part-time and full-time employees a) An Employee who are laid-off is recalled from layoff shall be offered casual and/or temporary employment during their period credited all seniority as of recall by order the date of seniority provided they are available and were employed for that type of worklayoff.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except 12.1 All layoffs shall be done in cases reverse order of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after seniority provided the employees affected and remaining have the Local have been given ability to properly perform the assigned duties. It is understood that the Employer must show just reasons for any layoff that is not in reverse order of seniority.
12.2 Recall shall be in order of seniority provided the employee to be recalled has the ability to properly perform the duties of the position to which the recall applies. It is understood that the Employer must show just reasons for any recall that is not done in order of seniority.
12.3 In the event that the Employer determines that a theatre covered by this Collective Agreement is to be permanently closed, employees with one (1) or more years seniority shall be entitled to a minimum of thirty three (303) calendar daysmonths notice that their jobs in that theatre will be terminated, save and except that the Union agrees that three (3) months notice need not be given in the event of closures caused by acts of God, fire, or other emergency circumstances, or in the event of a business decision made by the Employer not known by local Management prior to the three (3) month notice period. In those cases the portion of the length of notice less than three (3) months will be added to the affected employees' period of eligibility to apply under Article 11.5.
12.4 Copies of notices pursuant to Article 11.3 shall be delivered to the Union in a timely fashion.
12.5 Upon receipt of a notice of intenttermination under this article, such employees shall have the opportunity to apply for any vacant positions, or additional positions which become, or will become, available in any of the Employer's operations in the bargaining unit during the notice period, and for a six (6) month period following the employee's termination. Employees so applying shall be given preference, in order of their service seniority, over any other applicants provided they have the ability to properly perform the work available.
12.6 In conjunction the event that more than one employee applies for a position, the employee with the most service seniority shall be selected from those applicants who have met the requirements as set forth in Article 11.5 above.
12.7 The Employer shall promptly inform all employees in receipt of a notice under this Article of available vacancies in the Employer's operations in the bargaining unit during the notice period referred to in Article 11.5, and shall provide to the Union, employees information as to the Employer hours of work and the Local shall meet to discuss the layoffs.
20.02 probable schedules of any such available positions. If an employee is to be laid offrejects a position located within fifteen (15) miles of the closed theatre that offers at least the same number of hours as the employee was working at the time the employee received notice of termination, the hospital employee shall notify be removed from the employee list and shall not be entitled to the Localbenefits of this clause. Any notice of a vacancy under this Article may be given personally, by telephone, or by registered letter to the last address provided to the Employer.
12.8 Employees must apply for the vacancies, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days after the date the employee was informed of such notice and every reasonable effort will the job vacancy or additional job. If an employee does not apply within the said ten (10) day period, the employee has no right to be made to provide continuing employment considered for employees in the hospital and in the bargaining unitsthat position.
20.03 Subject 12.9 Employees who are re-employed pursuant to 20.04, this Article shall retain all accrued benefits of this Agreement that have been earned in accordance of their seniority subject only to Articles 10.1(b) and 10.4.
12.10 Employees who are working thirty (30) hours or more per week at the event time that they are given notice of termination due to closure of a layoff, employees shall be laid off in the reverse order of theatre may opt to terminate their hospital seniority.
20.04 An employee who is affected employment by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsaccepting severance pay as follows:
(a) that such other job is held by an employee with less senioritytwo (2) weeks salary for the first completed year of service and thereafter one (1) week's salary for each continuous year of service to a maximum of fifteen (15) weeks;
(b) that such employee claiming for the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications purposes of the employee in an arbitrary manner. Such employees meeting the requirements calculating wage entitlement under Article 11.10(a) above, one (b1) above week's salary shall be given a reasonable period an average of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, weekly wage during the ten (10) weeks prior to the date on which the employee shall have received notice of termination pursuant to Article 11.3;
(c) it is understood that the right option of severance pay is available only should the employee eligible under this clause not be offered employment which would allow the employee to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for work twenty-five (25) or more hours per week within fifteen (15) miles of the closed theatre. Further, if an employee is offered work at less than eighteen twenty-five (1825) consecutive months have been given an opportunity for a jobhours per week and accepts that position, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed then there is no entitlement to have applied for such vacanciesseverance pay.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency(a) When it becomes necessary to reduce the working force, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the last employee hired shall be laid off first, and when the force is again increased, the employees affected are to be returned to work in the reverse order in which they were laid off. The parties to this Agreement recognize that a layoff is not to be used as a subterfuge for the cancellation of local cartage starting times. Claims that the Employer has improperly used the layoff pro- vision to cancel starting times are subject to the grievance machin- ery. When a layoff is put into effect that concerns the eighty percent (80%) of an Employer’s seniority list that have bid starting times and more than fifty percent (50%) of those employees who are on layoff are called to work as extras, any employee who worked that day as an extra shall be paid from his regular starting time.
(b) In the Local have been event of a recall, the laid-off employee shall be given a minimum notice of thirty recall by telephone, registered or certified mail, sent to the address last given the Employer by the employee. Within three (303) calendar days' notice days after tender of intentdelivery at such address of the Em- ployer’s notice, the employee must notify the Employer by tele- phone, registered or certified mail of his intent to return to work and must actually report to work within seven (7) calendar days after date of tender of delivery of the recall notice, unless it is mutually agreed that the employee need not return to work within seven (7) calendar days period. In conjunction the event the employee fails to comply with the notice to above provisions, he shall lose all seniority rights under this Agreement and shall be considered as a voluntary quit. In the Unionabsence of a notification of layoff, when an employee has not been offered work opportunity for a period of two (2) consecutive weeks, he shall be considered as laid off. When supplemental em- ployees are used three (3) days or more per week for two (2) con- secutive weeks, the Employer and the Local senior laid-off employee shall meet to discuss the layoffsbe recalled.
20.02 If an (c) In case of layoff, the job xxxxxxx shall be the last employee is to be laid off, and under no circumstances shall he be discriminated against. Any elected Xxxxxxx who does not have a starting time shall become the hospital first on-call employee. This shall notify also apply when starting times are canceled as allowed in this Agreement. This provision shall apply to the normal workweek only. This provision shall only apply to one (1) Xxxxxxx in each classifi- cation.
(d) When a regular employee and has been laid off for five (5) work- ing days in the Localjob classification in which he has been working (but not before the beginning of the second payroll period), he then, in writingline with terminal seniority, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority “bump” a junior employee in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital any other job classification in which there he is qualified to work until regular work is again available in his orig- inal job classification, at which time, he shall go back to his orig- inal job classification. No employee has been the right to bump a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesred-circled employee.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Freight Agreement
Layoff and Recall. 20.01 Except (a) If a reduction in cases of emergencythe workforce is necessary, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals the following procedure will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction be adopted: The employee with the notice least amount of seniority in a job subject to a reduction will be the Unionfirst laid off from that job, the Employer and the Local shall meet to discuss the layoffs.
20.02 If but may displace an employee is to be laid off, in the hospital shall notify same or lower rated job category provided that the employee has sufficient ability to perform the job and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectivehas greater seniority. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage displaced from their job as a result of such bump back procedure may likewise move back and displace employees having less seniority in his department the same or lower rated job category, providing that the employee has sufficient ability. Where necessary, up to four (4) days training will be entitled given to claim provide an employee with the sufficient ability in order that they will not be laid off out of seniority provided that:
i) The employee will be able to attain the sufficient ability within the four (4) day training period, and,
ii) The number of employees working in a job category being bumped into, is greater than the number of another employees who propose to bump into said job category (note - the intent of subsection (a) (ii) is to prevent the situation where an employee being bumped must train the bumping employee to take their job).
(b) Recall will be based on seniority as follows: The senior employee laid off will be the first recalled, provided the senior employee has sufficient ability to perform the work and provided that the employee may not be recalled to a higher rated job category than the
(c) Any employee who requests and receives his vacation pay for the current period of his employment shall be terminated. Such request shall be in any department subject writing and be co-signed by the Union Plant Committee.
(d) An employee with less than twelve (12) months of service shall retain seniority for four (4) months from the date of layoff. An employee with one (1) or more years of service shall retain seniority for one (1) year from the date of layoff, plus one (1) additional month for each year of service up to the following conditionsan additional six (6) months.
(e) If an employee, not terminated, is recalled then:
(a1) that such other job is held by an employee with less His previous period of employment will be included for purposes of seniority;
(b2) that such employee claiming He will be eligible for the job next Statutory Holiday as listed in Article 4 of this Agreement, provided he qualified under Article 4 of this Agreement;
(3) The starting date of his previous period of employment will be used in determining vacation eligibility, provided he has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications worked two-thirds of the employee in an arbitrary manner. Such employees meeting hours available during the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.his actual employment;
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18f) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid Laid off employees shall be deemed to retain their M.S.P., E.H.B., Dental, Group Life, and A.D. & D. coverage on the following basis:
i) An employee with one (1) or more year’s accumulated service will have applied the above coverage continued for such vacanciessix (6) months while on lay- off.
20.07 Unless ii) These coverages shall be continued at the employees’ option provided he pays in advance his share of premiums as called for in Article 22 - Health & Welfare coverages and Article 23 - Dental Plan.
iii) It is understood that if an employee has these coverages as a result of working elsewhere during layoff, these shall cease to be in force.
(g) Laid off personnel must keep the Company advised of their up to date address and telephone number. The employee shall return to work as notified. Failure to report shall result in termination, unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee is unavoidably prevented from reporting for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationbona-fide reasons.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Labour Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union will be given reasonable notice of the Employer's intention to lack lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work assignments for employees in several seniority groups covered by this Agreement, then the Employer shall discuss the problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the
(i) he/she has filed a letter indicating that he/she declines work for reasons other than contracting the period of the anticipated work shortage; in such cases he/she will be deemed to have taken leave of absence and to have opted out of the G.W.P. until he/she indicates by letter that he/she is again available for short time work assignments, or
(ii) unless he/she has filed a letter indicating that he/she will accept limited work assignments only, specifying days and locations, and such an employee must accept all reasonable short time work assignments for which he/she has indicated that he/she will be available, and with respect to any hours for which he/she has indicated that he/she is not available he/she will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is presumed to be available for all reasonable short time assignments within his/her seniority group. An employee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be scheduled for any subsequent weeks until he/she notifies the employees affected Employer in writing that he/she will be available for reasonable short time work assignments, and until he/she does so he/she will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A regular employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority he/she has accumulated at the Employer and time the Local shall meet layoff commences up to discuss the layoffsa maximum of two (2) years calculated from his/her last day at work.
20.02 If (d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that he/she will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which he/she has made himself/herself available. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly Indemnity benefits before he/she is actually laid off or scheduled for short time assignments will continue to be laid off, draw benefits for the hospital shall notify duration of his/her illness or up to the employee maximum allowed by the Plan. An employee's eligibility for personal leave and participation in the Local, in writing, at least fourteen (14) calendar days before the layoff Weekly Indemnity and Long Term Disability Plans ceases immediately upon his/her lay off and is to be effective. If the employee is not given the opportunity reinstated upon his/her recall to work and completion of eight (8) hours' work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years' seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non-occupational accident, shall be eligible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort his/her recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:offered a
(a) the employee must have the ability and physical fitness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at his/her own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from overstaffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as follows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain his/her existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which he/she has been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 14.01 In the event of a reduction in cases the number of emergencyemployees in the plant, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff shall be given five (5) working days notice of layoff except in circumstances which are beyond the control of the Company, in which case the hospital employees shall notify be given two (2) working days notice of layoff. The names of these employees shall be given in writing to the Plant Chairperson., Normal fluctuations in customer demands are not considered as beyond the control of the Company.
14.02 Layoffs shall be carried out as follows:
a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority, provided they are willing and able and have the skill and ability to perform the work.
14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are wanting to be recalled to (without training) within three (3) days. Notice shall be in duplicate on forms supplied by the Company and signed by the employee and the Localsupervision. Employee will have no recall rights to downsized classification if, in writing, at least fourteen (14) calendar days before the they have exercised this right to bump.
14.04 Any employee who is transferred to another job because of a layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff applicable job rate while so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsemployed.
20.03 Subject to 20.0414.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, employees shall be laid off continue at work as long as work is available in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim Company, for which they are willing and able and have the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When 14.06 In the event that there is an increase in the workforce after a Hospital arbitrarily assigns layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work.
14.07 Where a dispute arises regarding an employee being able to another department/facilitydo the work available, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant he shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity to perform the job for a jobreasonable period not to exceed five (5) working days, for which they are qualifiedunless his performance indicates injury or damage possibilities.
14.08 In the event of an increase in the workforce, under Article 31. Those qualified the Company agrees to call the most senior employee on the seniority list to do the work available.
14.09 a If an employee is laid off employees shall be deemed to have applied out of classification and then utilized in that classification for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of workfive (5) consecutive days, he will immediately be reinstated back into the classification he was laid off from.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall.
20.01 Except in In all cases of emergencylayoff reasonably anticipated to exceed one working day and recalls after such layoff, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after seniority shall govern, provided the employees affected employee(s) concerned have the required skill and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffscapability.
20.02 If an employee is to be laid off, Bumping provisions are allowed based on the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsfollowing:
(a) that such other job is held by an employee The Company will meet with less seniority;the Union Chairperson and indicate the number of jobs and employees which will be affected.
(b) that such The employee(s) who are identified will have the options available by seniority in the following order providing it is available:
i) bump a junior employee claiming within their classification on their current shift ii) bump a junior employee in the same classification on another shift iii) bump a junior employee in another classification for which they have the skill and ability. The employee(s) affected by this process will then have the same options above available. This procedure will be followed until all affected employees have been given their choices above and placed according to this clause. The individual with seniority who is unable to bump into a job where he/she has sufficient qualifications the skill and ability as described in 20.01 will be allowed to perform bump the then lowest seniority job in the plant and will be provided a ten (10) day evaluation period to determine ability to successfully do the job. If the above mentioned individual is unable to demonstrate ability to do the job, he/she will be laid off and the incumbent reinstated.
20.03 In the application of 20.01, the Company shall be the judge, provided however, that if the employee believes that proper consideration of his/her ability has not been given, he/she may file a grievance.
20.04 The Hospital shall not assess Company agrees to give employees affected by layoff a minimum of seven (7) calendar days notice of layoff except in the qualifications case of an Act of God, fire, flood, power failure or other like cause beyond the control of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobCompany.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another Because of their position which constitutes a major change in the employee's dutiesUnion, the employee shall Chairperson and the two (2) most senior stewards will have senior seniority in the plant for the purpose of layoff only and provided they have the right necessary qualifications to exercise his seniority in accordance with 20.04do the work required.
20.06 No new applicant shall When there is anticipated layoff of less than five (5) full working days, employees will have the option to be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been according to the inverse order of seniority. The senior employee will be given an the opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesaccept the lay off.
20.07 Unless The Company will provide the employee was notified in writing at Chairperson of the time Union Plant Committee with a list of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff employees to be laid off or recalled, also any employee for any reason other than lack cancellations of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationsuch notices.
20.08 PartIf an employee is unable to be recalled to their original classification, they will be given the opportunity, by seniority, to return to that classification and pay level if an opening becomes available within a three (3) year period from the original date of layoff or re-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during classification. Employees must take the first available opportunity or forfeit their period rights of recall by order of seniority provided they are available and were employed for to that type of workclassification.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due to lack seniority within a seniority block. The Employer shall provide the following advance written notification of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty layoff:
(301) calendar daysfive (5) workdays' notice of intent. In conjunction with the to auxiliary employees who have completed twelve hundred (1200) straight-time hours since their previous layoff.
(2) twenty (20) workdays' notice to the Union, the Employer auxiliary employees who have completed nineteen hundred and the Local shall meet to discuss the layoffsfifty-seven (1957) straight-time hours in a fifteen (15) month period.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (143) calendar days before the layoff is to be effective. If the employee is has not given had the opportunity to work the scheduled work days during the term such workdays pursuant to Clauses 31.2(a)(1) and (a)(2) above after notice of notice layoff, he shall be paid in lieu thereof of work for such that part of the notice period during which work was not made available. If the period of work extends beyond the five (5) or twenty (20) day period by more than eight (8) days, then new notice pursuant to Clause 31.2(a)(1) or (a)(2) above shall again be required.
(b) Auxiliary employees on layoff shall be recalled in order of seniority within a seniority block provided the auxiliary employee is qualified to carry out the work which is available.
(c) The Employer shall make every reasonable effort to recall auxiliaries in order of seniority. The Hospital will meet with Records shall be kept at each assembly point where the Local Employer has attempted to discuss recall auxiliaries. Access to the disposition records of staff so affectedrecall shall be granted to the local Union Staff Representative and/or his/her designate. Discussion will commence between Records shall include:
(1) method of recall (i.e.; telephone, written communication, etc.)
(2) date and time of the parties within call(s)
(3) reason for decline (if any)
(d) Where telephone communication is used, two (2) attempts at least ten (10) calendar days of such notice and every reasonable effort minutes apart will be made to provide continuing employment for employees in contact auxiliary employees. In the hospital and in the bargaining unitscase of an emergency situation, a single verbal attempt will be made to contact auxiliary employees.
20.03 Subject to 20.04(e) The method of recall and recall time periods will be established by mutual agreement between the Employer and the auxiliary employee(s).
(f) Upon two (2) weeks' written notice an auxiliary employee may indicate, in the event writing, on two (2) occasions within a six (6) calendar month period, any specific period(s) of a layoff, employees shall be laid off in the reverse order of their hospital seniorityunavailability.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoffreduction in employment, employees the senior qualified employee shall be retained in each classification where qualifications are equal. Recall to employment shall be made so that the senior most qualified employee laid off returns first, where qualifications are equal. The employee claiming a seniority right to work must have demonstrated the ability to perform all of the work claimed or shall not be considered to be qualified. {PTA 9/27} [TA 10/24]
4.09.1 Any employee affected by such reduction in the reverse order of their hospital seniority.
20.04 An employee who work force may exercise his/her seniority to bump into another classification at the same terminal if there is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less lesser terminal seniority;; provided however: {PTA 9/27} [TA 10/24]
(ba) that such employee claiming if the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee reduction in work force causes an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of immediate starting time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major work week change in the employee's dutiesaffected classification, the employees in that classification by seniority shall have the first opportunity to bump into another classification; and {PTA 9/27} [TA 10/24]
b) provided the affected employee is capable of performing the duties of the position in a manner satisfactory to the Employer [TA 10/24]; and
c) provided further, the employee shall have receive the right to exercise his seniority rate of pay provided in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied this Agreement for such vacancies.position. [TA 10/24]
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are 4.09.2 A laid-off employee shall be offered casual and/or temporary employment during their period called at the employee’s last known home phone and given written Notice of recall Recall by order certified mail addressed to his/her last known address on file with the Employer, and send a copy of same shall be sent to the Local Union. {PTA 9/27} [TA 10/24]
4.09.3 Such employee must respond to such notice within three (3) days after receipt thereof and actually report to work within seven (7) additional days. If an employee fails to comply with these Recall Provisions, he shall lose all seniority rights unless otherwise agreed to in writing on a case-by-case basis by the Employer, the Local Union and the particular employee involved. The copy of the Recall Notice sent to the Local Union need not be sent by certified mail, and proof of mailing to the employee shall be sufficient to justify the loss of seniority provided if the employee fails to comply with these Recall Provisions. Employees who establish that they are available working for another Employer, other than on a casual basis, and were employed for that type required to give two (2) weeks notice to their then current employer and/or in cases where significant employee hardship would be created by a prompt recall such employee shall be given consideration if business conditions permit. [TA 10/25]
4.09.4 Weekly changes in freight volumes resulting in the less senior persons in a classification working less than forty (40) hours shall not affect the bid of work.any person in another classification unless there is no work opportunity of five (5) consecutive days or more. Any loss of work opportunity of two (2) weeks or more shall be considered a “layoff” and this Section 4.09 shall apply. {PTA 9/27} [TA 10/24]
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Union will be given reasonable notice of the Employer’s intention to lack lay off Full Time employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by this Agreement, then the Employer shall discuss the problem with Union 12R24.
(a) A Full Time employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) they have filed a letter indicating that they xx- xxxxx work for reasons other than contracting the period of the anticipated work shortage; in such cases they will be deemed to have taken leave of absence and to have opted out of the G.W.P. until they indicate by letter that they are again available for short time work as- signments, or
(ii) unless they have filed a letter indicating that they will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which they have indicated that they will be available, and with respect to any hours for which they have indicated that they are not available they will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time as- signments within their seniority group. An employee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be sched- uled for any subsequent weeks until they notify the employees affected Employer in writing that they will be available for rea- sonable short time work assignments, and until they do so they will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A Full Time employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority they have accumulated at the Employer and time the Local shall meet layoff commen- ces up to discuss the layoffsa maximum of two (2) years calculated from their last day at work.
20.02 If (d) Full Time employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a Full Time employee who has filed a letter indicating that they will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which they have made themselves avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In- demnity benefits before they are actually laid off or sched- uled for short time assignments will continue to draw benefits for the duration of their illness or up to the max- imum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Weekly Indemnity and Long Term Disability Plans ceases immediately upon their lay off and is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity reinstat- ed upon their recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or nonoccupational accident, shall be xxx- gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort their recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a Full Time employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit- ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at their own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over- staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol- lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain their existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which they have been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 14.01 In the event of a reduction in cases the number of emergencyemployees in the plant, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff shall be given five (5) working days notice of layoff except in circumstances which are beyond the control of the Company, in which case the hospital employees shall notify be given two (2) working days notice of layoff. The names of these employees shall be given in writing to the Plant Chairperson., Normal fluctuations in customer demands are not considered as beyond the control of the Company.
14.02 Layoffs shall be carried out as follows:
a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority, provided they are willing and able and have the skill and ability to perform the work.
14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are willing to be recalled to, within three (3) working days of being notified. Notice shall be in duplicate on forms supplied by the Company and signed by the employee and the Local, in writing, at least fourteen (14) calendar days before the supervision.
14.04 Any employee who is transferred to another job because of a layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff applicable job rate while so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsemployed.
20.03 Subject to 20.0414.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, employees shall be laid off continue at work as long as work is available in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim Company, for which they are willing and able and have the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When 14.06 In the event that there is an increase in the workforce after a Hospital arbitrarily assigns layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work.
14.07 Where a dispute arises regarding an employee being able to another department/facilitydo the work available, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant he shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity to perform the job for a jobreasonable period not to exceed five (5) working days, for which they are qualifiedunless his performance indicates injury or damage possibilities.
14.08 In the event of an increase in the workforce, under Article 31. Those qualified the Company agrees to call the most senior employee on the seniority list to do the work available.
14.09 If an employee is laid off employees shall be deemed to have applied out of classification and then utilized in that classification for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.five (5) consecutive days, he will immediately be reinstated back into the classification he was laid off from
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 11.01 In determining which employee(s) are to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected be laid off and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalled from layoff, the Employer shall consider seniority provided that the employee in question has the skill, qualifications and experience to perform the Local shall meet to discuss the layoffsavailable work.
20.02 If 11.02 This Article shall not apply to layoffs of a temporary nature (i.e. layoffs of up to 30 calendar days).
11.03 When an employee is recalled pursuant to be laid off, the hospital shall notify the employee Article 10.06 (f) and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he immediately available for work, other seniority employees who are qualified may be recalled and shall be paid in lieu thereof for such days. The Hospital will meet with temporarily employed until the Local to discuss senior qualified employee reports within the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsas outlined.
20.03 Subject to 20.04, in 11.04 In the event of a layoffproposed layoff of a permanent or long-term nature, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsEmployer will:
(a) that Provide the Association with sixty (60) days notice of such other job is held by an employee with less seniority;layoff, and
(b) that such employee claiming Meet with the job has sufficient qualifications Association to perform review the job. following:
i) The Hospital shall not assess reasons causing the qualifications layoff;
ii) The method of implementation and the employee(s) laid off;
iii) The names of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit members affected.
20.05 When a Hospital arbitrarily assigns an employee to 11.05 In the event of restructuring, consolidation or extension of any part of the service of the Employer with those of another department/facility, agency or to another position which constitutes a major change in the employee's dutiesagencies, the employee shall have Employer and the right Union agree to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless implement the employee was notified in writing at the time of hiring that the position was a temporary appointmentfollowing:
(a) The Employer will advise the Hospital shall not layoff any employee for any reason other than lack Union concerning the restructuring, consolidation or extension of work; andservices within thirty (30) days after a decision to change services has been taken.
(b) As soon as practical, in the Hospital shall not demote any employee course of developing a plan for the sole purpose implementation in the change of replacing him with an employee services, the Employer shall notify the Union of a higher paid classificationthe projected staffing needs and their location. Such notice shall include the estimated number and types of positions/jobs/ assignments and their location.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except a) Where the Employer plans to conduct a layoff, it shall layoff nurses in cases inverse order of emergencyseniority at the time of layoff provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, layoffs due to lack ability, experience, qualifications.
b) Nurses shall be recalled in order of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionseniority, unless otherwise agreed between the Employer and the Local shall meet Association, provided that the senior nurse is qualified to discuss perform the layoffs.available work on the basis of her skill, ability, experience and qualification s.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14c) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in In the event of a proposed layoff of a permanent or long term nature, the Employer will :
i) provide the Association with thirty (30)days • notice;
ii) meet with the Association to review: the reasons causing the layoff; the service which the Employer will undertake after the layoff; the method of implementation, employees including areas of cutback and the nurses to be laid off•
iii) no new nurse will. be hired when there is a nurse (s) on layoff who is qualified in '._ • • • accordance with Article 12.01 b) and willing to perform the available work.
d) No nurse who has completed her probationary period shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job until she has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority received notice in accordance with 20.04t,he Employment Standards Act.
20.06 No new applicant e) Where a vacancy occurs in a position following a layoff as a result of which a nurse had been transferred to another position, the affected nurse will be offered the opportunity to return to her former position providing such vacancy occurs within six (6) months of the date of layoff. Where the nurse returns to her former position, there shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, no obligation to consider the vacancy under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies11.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of temporary employees shall be by classification in cases reverse order of emergencyservice seniority within a District seniority unit as defined in Collective Agreement.
(b) Temporary employees on layoff shall be recalled in order of service seniority within a District seniority unit, layoffs due provided the temporary employee is qualified to lack carry out the work which is available.
(c) Notwithstanding (a) above, temporary employees hired for seasonal work or a term certain shall be laid off upon completion of work the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Temporary employees hired for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice special projects, as mutually agreed to the Union, between the Employer and the Local Union, shall meet to discuss the layoffsbe considered terminated for cause in accordance with Clause 30.4(a) upon completion of their project or program.
20.02 If an employee is to (e) Temporary employees will be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectivenotified of available work by telephone. If the employee Where that is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital possible contact will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten made by registered mail.
(10f) calendar days of such notice and every reasonable effort will be made to provide continuing employment for Temporary employees who are unavailable in the hospital and in following circumstances will not have the bargaining units.
20.03 Subject to 20.04, in the event decline or unavailability count as an occurrence for purposes of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:Clause 30.4(d):
(a1) that such other job is held by an employee with less seniorityabsence on a WCB claim;
(b2) maternity leave;
(3) illness (proof of illness may be required);
(4) illness of a dependent child of a temporary employee, or member of immediate family that such permanently resides with the employee, where no one other than the employee claiming can care for the job has sufficient qualifications child or immediate family member (proof of illness may be required);
(5) any leave authorized under this Agreement; or
(6) jury duty.
(g) Temporary employees subject to perform recall shall lose their service and classification seniority and shall be considered terminated for just cause where they decline work on three (3) separate occasions in the jobcalendar periods between January 1st and June 30th inclusive or July 1st and December 31st inclusive. The Hospital It is understood that only one decline may be counted per calendar day and when an employee declines or is unavailable for recall for work during a calendar day, the Employer shall not assess the qualifications be required to make further offers of work to the employee in an arbitrary manner. Such employees meeting for the requirements under calendar day which the employee has declined or been unavailable for.
(bh) above Employees on layoff shall be given a reasonable period of two (2) hour per day time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital frame in which there has been a layoff until those laid off they will make themselves available for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31recall. Those qualified laid off employees shall This time frame will be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing set at the time local level in each of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationseniority units.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases 7.01 In the event of emergency, layoffs due to lack the curtailment of work for reasons other than contracting out business or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of changed conditions which will cause a shortage of work, the Local Union will be given reasonable notice of the Employer’s intention to lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected 7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by work shortage in his department will be entitled to claim this Agreement, then the job of another employee in any department subject to Employer shall discuss the following conditions:problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) they have filed a letter indicating that they xx- xxxxx work for the period of the anticipated work shortage; in such other job is held cases they will be deemed to have taken leave of absence and to have opted out of the G.W.P. until they indicate by letter that they are again available for short time work as- signments, or
(ii) unless they have filed a letter indicating that they will accept limited work assignments only, specifying days, and such an employee must ac- cept all reasonable short time work assignments for which they have indicated that they will be available, and with less seniority;respect to any hours for which they have indicated that they are not available they will be deemed to be on layoff, but not xxx- gible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time as- signments within their seniority group. An employee who refuses to accept or fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will not be sched- uled for any subsequent weeks until they notify the Employer in writing that such they will be available for reasonable short time work assignments, and until they do so they will be deemed on layoff but not xxx- gible for benefits under the G.W.P.
(c) A regular employee claiming who is laid off shall be carried on the job seniority list for a period equal to the seniority they have accumulated at the time the layoff com- mences up to a maximum of two (2) years calculated from their last day at work.
(d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has sufficient qualifications filed a letter indicating that they will accept only limited work assignments, will be limited to perform the job. The Hospital shall an amount not assess the qualifications in excess of 70% of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, hours for which they have made themselves available. Employees who are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall and who are not layoff any employee scheduled for any reason other than lack work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of work; and
(b) the Hospital shall not demote any employee Weekly In- demnity benefits they are actually laid off or scheduled for short time assignments will continue to draw benefits for the sole purpose duration of replacing him with an employee their illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Weekly Indemnity and Long Term Disability Plans ceases immediately upon their lay off and is re- instated upon their recall to work and completion of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.eight
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 14.01 In the event of a reduction in cases the number of emergencyemployees in the plant, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff shall be given five (5) working days notice of layoff except in circumstances which are beyond the control of the Company, in which case the hospital employees shall notify be given two (2) working days notice of layoff. The names of these employees shall be given in writing to the Plant Chairperson. Normal fluctuations in customer demands are not considered as beyond the control of the Company
14.02 Layoffs shall be carried out as follows:
a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority, provided they are willing and able and have the skill and ability to perform the work.
14.03 Any employee affected by a reduction in the classification, may exercise their seniority rights by notification to supervision of the classifications that they are wanting to be recalled to (without training) within three (3) days. Notice shall be in duplicate on forms supplied by the Company and signed by the employee and the Local, in writing, at least fourteen (14) calendar days before the supervision. Employee will have no recall rights to downsized classification if they have exercised this right to bump. Employees not exercising their bumping rights will have recall rights to downsized classifications.
14.04 Any employee who is transferred to another job because of a layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff applicable job rate while so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsemployed.
20.03 Subject to 20.0414.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, employees shall be laid off continue at work as long as work is available in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim Company, for which they are willing and able and have the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When 14.06 In the event that there is an increase in the workforce after a Hospital arbitrarily assigns layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work.
14.07 Where a dispute arises regarding an employee being able to another department/facilitydo the work available, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant he shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity to perform the job for a jobreasonable period not to exceed five (5) working days, for which they are qualifiedunless his performance indicates injury or damage possibilities.
14.08 In the event of an increase in the workforce, under Article 31. Those qualified the Company agrees to call the most senior employee on the seniority list to do the work available.
14.09 a) If an employee is laid off employees shall be deemed to have applied out of classification and then utilized in that classification for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of workfive (5) consecutive days, he will immediately be reinstated back into the classification he was laid off from.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 11.01 When it is necessary to lack of work for reasons other than contracting out lay off employees or mergers of hospitals or services of hospitals will only take place after the to recall employees affected and the Local who have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is employees to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he laid off or recalled shall be paid in lieu thereof for such daysselected on the basis of seniority combined with competence to perform the work available. The Hospital will meet Should an employee with seniority wish to bump any employee with less seniority on the Local to discuss the disposition grounds of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice competence and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04if, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications opinion of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facilityCompany, or to another position which constitutes a major change in the employee's dutiessuch request is considered reasonable, the employee shall have seven (7) working days in which to prove their capacity. If the right employee does not meet the requirements within this period, the employee shall be laid off. As between two employees fully competent to exercise his perform the work available, seniority shall govern the selection. Notice of recall shall be by direct contact, with the Xxxxxxx or designated alternate present, or registered mail to the employee’s last recorded address and he shall have a maximum of five – (5) days in accordance with 20.04which to present himself/herself for work, subject to an excuse satisfactory to the Company. Seniority shall accrue during layoff.
20.06 No new applicant 11.02 The Company shall give employees five- (5) days notice by layoff if the duration of the layoff is expected to exceed two- (2) weeks.
11.03 Each member of the Shop Committee will be retained in employment without regard to seniority so long as there is work available that he is competent and willing to perform. Such work shall not be higher rated than his regular work except by mutual agreement of the parties hereto.
11.04 Any employee with seniority who is affected by layoff may elect to be separated from employment by layoff rather than accept employment in another classification to which he/she is entitled by reason of his/her seniority. Any employee who so elects shall be hired separated from employment by layoff and shall thereafter have recall rights only to the classification from which he/she was so separated.
11.05 Any previously laid off employee with seniority who is laid off may elected to remain laid off rather than accept recall to employment in a hospital classification to which he/she is entitled by reason of his/her seniority, other than in the classification from which there has been a layoff until those he/she was separated from employment by layoff. Any previously laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified employee who so elected shall remain laid off employees and shall be deemed thereafter have recall rights only to have applied for such vacanciesthe classification from which he/she was separated from employment by layoff.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 11.01 When it is necessary to lack of work for reasons other than contracting out lay off employees or mergers of hospitals or services of hospitals will only take place after the to recall employees affected and the Local who have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is employees to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in or recalled shall be selected on the reverse order basis of their hospital seniority.
20.04 An seniority combined with competence to perform the work available. Should an employee who is affected by work shortage in his department will be entitled with seniority wish to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by bump an employee with less seniority;
(b) that such employee claiming seniority on the job has sufficient qualifications to perform grounds of competence and if, in the job. The Hospital shall not assess the qualifications opinion of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facilityCompany, or to another position which constitutes a major change in the employee's dutiessuch request is considered reasonable, the employee shall have five (5) working days in which to prove their capacity. If the right employee does not meet the requirements within this period, the employee shall be laid off. As between two employees fully competent to exercise perform the work available, seniority shall govern the selection. Notice of recall shall be by direct contact, with the Xxxxxxx or designated alternate present, or registered mail to the employee's last recorded address and he shall have a maximum of five (5) days in which to present himself/herself for work, subject to an excuse satisfactory to the Company. Seniority shall accrue during layoff.
11.02 The Company shall give employees five (5) days’ notice by layoff if the duration of the layoff is expected to exceed three (3) weeks.
11.03 Each member of the Shop Committee will be retained in employment without regard to seniority so long as there is work available that he is competent and willing to perform. Such work shall not be higher rated than his regular work except by mutual agreement of the parties hereto.
11.04 Any employee with seniority who is affected by layoff may elect to be separated from employment by layoff rather than accept employment in another classification to which he/she is entitled by reason of his/her seniority. Any employee who so elects shall be separated from employment by layoff and shall thereafter have recall rights only to the classification from which he/she was so separated.
11.05 Any previously laid off employee with seniority who is laid off may elected to remain laid off rather than accept recall to employment in a classification to which he/she is entitled by reason of his/her seniority, other than in the classification from which he/she was separated from employment by layoff. Any previously laid off employee who so elected shall remain laid off and shall thereafter have recall rights only to the classification from which he/she was separated from employment by layoff.
11.06 Should power failure, flood or other acts of God and circumstances beyond the control of the Company of a temporary nature make it necessary to reduce the working force, the employees affected thereby shall be laid off according to seniority in their departments, without rights elsewhere, provided that such layoff shall not be longer than five (5) working days; and further provided that seniority shall accrue during such layoff. In the event of a partial resumption of operations prior to the end of the period of temporary layoff, employees laid off pursuant to Article
11.01 shall be recalled by seniority. Should a layoff of five (5) working days or less be required on more than two (2) occasions in a calendar year, the third and succeeding layoffs will be in accordance with 20.04Article 11.
20.06 No new applicant 01. Should an employee cease to be a member of Shop Committee while a lay-off is in effect he/she shall be hired in a hospital in which there has been a layoff until those laid dealt with under the normal lay-off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at and recall procedures as of the time he/she so ceases to be a member of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationShop Committee.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in In all cases of emergencylayoff reasonably anticipated to exceed one working day and recalls after such layoff, layoffs due seniority shall govern, provided the employee(s) concerned have the required skill and capability. The Company agrees to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction meet with the notice Union prior to finalizing any permanent work force reductions. The Company will give due consideration to any Union input on alternative measures that may be taken, while balancing the Union, needs of the Employer and the Local shall meet to discuss the layoffsCompany.
20.02 If an employee is to be laid off, Bumping provisions are allowed based on the hospital shall notify the employee and the Local, in writing, at least fourteen (14following:
a) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital Company will meet with the Local Union Chairperson and indicate the number of jobs and employees which will be affected.
b) The employee(s) who are identified will have the options available by seniority to discuss bump any junior employee in the disposition plant provided they are able to perform the required tasks. A two week training period will be provided.
c) The employee(s) affected by this process will then have the same options above available. This procedure will be followed until all affected employees have been given their choices above and placed according to this clause.
d) Employees going to a position with a different rate of staff so affected. Discussion pay will commence have their pay adjusted accordingly.
e) Positions deemed as accommodations by mutual agreement between the parties within ten (10) calendar days Company and Union Plant Committee will not have these positions listed as bumping options for more senior employee unless employees are being displaced to the street. In the event of such notice and every reasonable effort an increase in the workforce, the following procedure will be made followed: Employees at work, who were reduced from their posted jobs during the reduction, will be offered the following options in order of seniority:
(i) To return to provide continuing employment for employees in the hospital and in the bargaining unitstheir previously held job if available.
20.03 Subject (ii) To refuse recall to 20.04their previously held job. After all displaced employees have been given their options in (i) or (ii) above; the Company will post any available jobs as per Article 16.01 of the collective agreement. After the postings have been filled, employees will be returned to work in order of seniority. The recalled employee will be provided with the jobs and shifts that are available in order to allow them to choose in order of seniority the available job and shift of their choice. This process will be followed until all available jobs have been filled. In the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An recall an employee who is affected by work shortage in his department on layoff will be entitled provided with the option to claim refuse said recall without losing any rights contained in this agreement should the job recall be for less than a twenty-eight (28) calendar day period. In the event of another employee in any department subject to a dispute regarding the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and employee’s ability to perform the job.
20.05 When available work on a Hospital arbitrarily assigns an employee to another department/facility, layoff or to another position which constitutes a major change in the employee's dutiesrecall, the employee shall have will be provided a two week evaluation period to determine ability to successfully do the right job. If the above mentioned individual is unable to exercise his seniority in accordance with 20.04demonstrate ability to do the job, he/she will return to layoff and the incumbent reinstated subject to the grievance procedure.
20.06 No new applicant 20.03 In the application of 20.02, the Company shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a jobthe judge, for which they are qualifiedprovided however, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless that if the employee was notified in writing at believes that proper consideration of his/her ability has not been given, he/she may file a grievance. “Able to perform” is interpreted to mean the time employee’s ability to perform the duties of hiring that the his/her position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationafter proper training period.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of casual employees; shall be by classification in cases reverse order of emergency, layoffs due to lack of service seniority within a work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffscentre.
20.02 If an (b) Casual employees on layoff shall be recalled in order of service seniority within a work unit, provided the casual employee is qualified and has the ability to be laid off, carry out the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff work which is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsavailable.
20.03 Subject to 20.04(c) Notwithstanding 31.5(a), in the event of casual employees hired for seasonal work or a layoff, employees term certain shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with 31.5(b).
(d) Casual employees hired for special projects, as mutually agreed between the reverse order Agency and the Union, or casual employees hired under the auspices of the Ministry of LabourÕs Special Employment Programs, shall be considered terminated for cause in accordance with Section 31.4(a) of this Agreement upon completion of their hospital seniorityproject or program.
20.04 (e) The Employer shall schedule time periods during which casual employees on layoff shall be contacted as work is available, in accordance with the following:
(i) Time periods shall be scheduled to meet the EmployerÕs operational needs.
(ii) At the time of hire, an employee shall be notified of the time period during which the Employer may call him/her. Thereafter, an employee shall be advised of any changes to this scheduled time period.
(iii) No one scheduled time period shall be longer than three (3) consecutive hours per day.
(iv) An employee who is affected by contacted during the scheduled time period and declines the work shortage in his department offered or is unavailable will be entitled considered to claim have declined under Article 31.4(d).
(v) An employee who is contacted outside the job of another scheduled time period and declines the work offered or is unavailable will not be considered to have declined under Article 31.4(d).
(f) A casual employee in any department subject who notifies the Employer that he/she is unavailable, prior to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital time period for contact, shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given unavailability count as an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee occurrence for the sole purpose purposes of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.31.4
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except (1) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due service seniority within a seniority block as set out in Memorandum of Understanding 3.
(2) Auxiliary employees laid off subject to lack of work for reasons other than contracting out (1) above or mergers of hospitals 24.2(f)(i) or services of hospitals will only take place after the (ii) shall be entitled to displace working junior auxiliary employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intentwithin their seniority block. In conjunction with the notice to the UnionWhere such displacement occurs, the Employer employee must be qualified to perform duties of displaced employee and the Local shall meet to discuss the layoffsaccept work terms of project or maintenance work group involved.
20.02 If an (b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work which is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for that unit. Auxiliary employees will not be required to be laid off, available for more than three consecutive hours on any one day between the hospital shall notify the employee and the Local, hours of 8:00 am to 6:00 pm Unless otherwise specified in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort three hour contact period will be made set as 3:00 pm to provide continuing employment for employees 6:00 pm. Where unforeseen operational requirements result in the hospital and in Employer recalling auxiliary employees outside of the bargaining unitsset contact hours, the provisions of (d)(ii) below shall apply.
20.03 Subject to 20.04(c) Notwithstanding (a) above, in the event auxiliary employees hired for seasonal work or a term certain of a layoffless than 20 working days, employees shall be laid off upon completion of the season or term and shall be subject to recall procedures in the reverse order of their hospital seniorityaccordance with (b) above.
20.04 An employee who (1) If the Employer is affected by work shortage in his department unable to contact auxiliary employees the employees will be entitled immediately advised by registered mail of the date, time, and result of the contact attempt(s), and that they are considered to claim have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the job Employer outside of another normal business hours (8:00 am - 6:00 pm) will not be counted for purpose of Clause 11.4.
(2) In the event the Employer is not able to contact a senior auxiliary for work which is offered outside of the set contact hours and hires a junior auxiliary employee, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace him after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in any department subject a senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the following conditionsdisplaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior auxiliary employee pursuant to this clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(i), the Employer shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of layoff has been issued to the displaced auxiliary, the senior auxiliary shall maintain his entitlement to Clause 31.3(a)(i).
(e) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be a decline for purposes of Clause 11.4.
(f) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the Employer, they will be considered to have declined work for purposes of Clause 11.4:
(a1) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given Absence on a reasonable period of time to demonstrate sufficient skill and ability to perform the jobWorkers' Compensation Board claim.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except A. When layoffs are necessary due to economic necessity or other condition, as defined by the Board in cases of emergencyits discretion, layoffs due will be made on a department basis. Probationary employees in the department in which the reduction in staff occurs shall be laid off first.
B. In the event additional personnel must be laid off, layoffs within a department shall be based on seniority of employees within the department. However, a more senior employee may be laid off while a less senior employee is retained if the more senior employee is not qualified to lack perform the duties of work the position(s) held by the less senior employee. The Superintendent shall determine “Qualified”.
1. Qualification will be based partly on qualifications in the job descriptions and other factors (ex. may include but are not limited to; evaluations, discipline, etc.) the Superintendent deems important. If a less senior employee is retained the Superintendent will outline the reason in writing to the Association President.
C. An employee who is laid off from a department may claim the job of an employee in another department provided the employee previously held a position in that department and has the ability to perform the job. A laid off employee shall not be entitled to exercise such “bumping” rights unless he/she is currently qualified for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of position.
D. An employee who is to be laid off shall be notified at least thirty (30) calendar days' notice days in advance except in cases where the need to layoff was unanticipated or unforeseen.
E. When the work force is increased after a layoff, an employee shall be entitled to be recalled on the basis of intent. In conjunction with the notice seniority to the Uniondepartment in which the employee was employed at the time of layoff. The employee shall be entitled to fill a vacancy in another department in which the employee was previously employed, provided the Employer and laid off employee has the Local shall meet qualifications to discuss perform the layoffsavailable work.
20.02 F. Notice of recall shall be sent to the employee at his/her last known address by certified mail, return receipt requested. It shall be the responsibility of a laid off employee to keep the school informed of his/her current address.
G. If an employee is fails to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is Superintendent’s office of his/her intent to be effective. If the employee is not given the opportunity return to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such after a certified, return receipt requested, recall notice and every reasonable effort is received, it will be made conclusively constitute the employee’s resignation. If the recall notice is not received because the employee has failed to provide continuing employment for employees in the hospital and in Superintendent’s office with his/her current address, the bargaining unitsaforementioned ten (10) calendar day time limit shall begin from the time the recall notice is mailed, rather than the date the recall notice is received.
20.03 Subject H. If an employee notifies the Superintendent’s office of his/her intent to 20.04accept recall and then fails to report to work, except in cases of illness or emergency, on the event of a layofffirst day for that position, employees that also shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in conclusively construed as the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04’s resignation.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. 20.01 Except in 23.01 In all cases of emergencylayoff, layoffs due reasonably anticipated to lack exceed one (1) working day, and recalls after such layoff, seniority shall govern, providing that the employee(s) concerned have the required skills and ability to do the work.
23.02 Bumping provisions are allowed based on the following: Bumping is exercised within an employee’s Plant first and then the other plant covered by the Collective Agreement.
01. The individual with seniority who is unable to bump into a job where he/she has the skill and ability as described in 23.01 will be allowed to bump the then lowest seniority job in the plant and will be provided a ten (10) day training period to determine ability to successfully do the job. If the above mentioned individual is unable to demonstrate ability to do the job, he/she will be laid off and the incumbent reinstated. The Company will make every effort to employ the person in another Wescast Facility, provided that he/she has the skill and ability as described in 23.01.
23.03 In the application of work for reasons other than contracting out or mergers 23.01, the Company shall be the sole judge, provided however, that if the employee believes that proper consideration of hospitals or services of hospitals will only take place after the his/her ability has not been given, he/she may file a grievance.
23.04 The Company agrees to give employees affected by layoff as much notice as possible and the Local have been given a minimum of thirty at least five (305) calendar days' days notice of intent. In conjunction with layoff or pay in lieu of notice except where such layoff is a consequence of machinery breakdown, Act of God, fire, flood, power failure or other like cause beyond the notice to control of the Company.
23.05 Because of their position in the Union, the Employer President, Vice President, Secretary, Treasurer, and the Local shall meet Plant Chairperson will have senior seniority in the plant for the purpose of layoff, only if they are employed at WCW or WCN and provided they have the necessary qualifications to discuss do the layoffswork required.
20.02 If 23.06 In the event an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order bumps out of their hospital seniority.
20.04 An employee who is affected by work shortage in his original department will be entitled due to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutieslayoff, the employee shall will have up to thirty-six (36) months to be recalled to that department. After thirty-six (36) 55 months, the right employee will not be recalled to exercise his seniority in accordance with 20.04that department and the department to which they have bumped, will be their department.
20.06 No new applicant shall be hired in a hospital in which 23.07 The Company agrees to discuss overtime requirements with the Union where there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancieslayoff.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except
(1) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due service seniority within a seniority block as set out in Memorandum of Understanding 3.
(2) Auxiliary employees laid off subject to lack of work for reasons other than contracting out (1) above or mergers of hospitals 24.2(f)(i) or services of hospitals will only take place after the (ii) shall be entitled to displace working junior auxiliary employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intentwithin their seniority block. In conjunction with the notice to the UnionWhere such displacement occurs, the Employer employee must be qualified to perform duties of displaced employee and the Local shall meet to discuss the layoffsaccept work terms of project or maintenance work group involved.
20.02 If an (b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work which is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for that unit. Auxiliary employees will not be required to be laid off, available for more than three consecutive hours on any one day between the hospital shall notify the employee and the Local, hours of 8:00 am to 6:00 pm Unless otherwise specified in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort three hour contact period will be made set as 3:00 pm to provide continuing employment for employees 6:00 pm. Where unforeseen operational requirements result in the hospital and in Employer recalling auxiliary employees outside of the bargaining unitsset contact hours, the provisions of (d)(ii) below shall apply.
20.03 Subject to 20.04(c) Notwithstanding (a) above, in the event auxiliary employees hired for seasonal work or a term certain of a layoffless than 20 working days, employees shall be laid off upon completion of the season or term and shall be subject to recall procedures in the reverse order of their hospital seniorityaccordance with (b) above.
20.04 An employee who (1) If the Employer is affected by work shortage in his department unable to contact auxiliary employees the employees will be entitled immediately advised by registered mail of the date, time, and result of the contact attempt(s), and that they are considered to claim have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the job Employer outside of another normal business hours (8:00 am - 6:00 pm) will not be counted for purpose of Clause 11.4.
(2) In the event the Employer is not able to contact a senior auxiliary for work which is offered outside of the set contact hours and hires a junior auxiliary employee, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace him after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in any department subject a senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the following conditionsdisplaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior auxiliary employee pursuant to this clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(i), the Employer shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of layoff has been issued to the displaced auxiliary, the senior auxiliary shall maintain his entitlement to Clause 31.3(a)(i).
(e) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be a decline for purposes of Clause 11.4.
(f) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the Employer, they will be considered to have declined work for purposes of Clause 11.4:
(a1) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given Absence on a reasonable period of time to demonstrate sufficient skill and ability to perform the jobWorkers' Compensation Board claim.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except 3.4.1 In the determination of layoffs, the individual with the least seniority in cases of emergency, layoffs due the categories listed in section
1.1 where the reduction is to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after shall be laid off. For the purposes of this Article, a layoff shall also mean a reduction in hours of more than 45 minutes from that which the individual was previously assigned in the school year immediately preceding the reduction. Employees affected by lay-off shall be placed on a re-employment list maintained by the District according to lay-off ranking. Such employees affected are to have first consideration in filling open positions in the bargaining unit. Names shall remain on the re-employment list for 24 months.
3.4.2 The termination of a temporary or substitute/leave replacement employee as defined in Section 1.2.2 shall not be considered a layoff unless a regular employee is filling such a position, in which case the terms of Section 3.4 shall be applicable. Notices of recall shall be sent via the employee’s last known personal email address and by certified or registered mail to the Local have been given a minimum last known address as shown on the District’s records. It shall be the employee’s responsibility to keep the District notified as to his/her current personal email address and current mailing address.
3.4.3 The District and Association acknowledge that financial aspects of thirty (30) calendar days' notice of intentthis Agreement are based on known or anticipated revenue. In conjunction with the notice to event the UnionDistrict anticipates a layoff of employees, the Employer District and the Local Association shall meet to discuss the layoffscause of the significant change. In the event the District anticipates a layoff of employees, the Association and the affected employees will be given reasonable notice prior to the time the layoff would occur.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 3.4.4 An employee who is affected by work shortage in his department has rejected an offer of recall will be entitled to claim removed from the job of another employee in any department subject to the following conditions:
(a) recall list provided that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing offered a position substantially equal to that held prior to lay-off. Substantially equal would be within 45 minutes of their position held at time of lay-off.
3.4.5 All benefits to which an employee was entitled at the time of hiring that his/her layoff, including unused sick leave, will be restored to the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with upon return to active employment from layoff. In addition, an employee of a higher paid classificationrehired after September 1 shall be granted one (1) increment if the employee would have been eligible for incremental movement on the September 1 immediately following the layoff.
20.08 Part3.4.6 An employee shall forfeit rights to re-time and fullemployment as provided in 3.4.1 if the employee does not comply with the requirements in 3.4.2, or if the employee does not reply to the offer of re-time employees who are laidemployment within fifteen (15) days.
3.4.7 Employees on lay-off shall be offered casual and/or temporary employment during are eligible to continue their period of recall by order of seniority provided they are available and were employed for that type of workinsurance benefits in accordance with COBRA.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 14.01 When there is a reduction in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionworking force, the Employer and following procedures shall be used:
a) All TPT’s through the Local plant shall meet to discuss be laid off first;
b) Thereafter, all probationary employees through the layoffs.
20.02 If an employee is to plant shall be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14;
c) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoffThereafter, employees shall be laid off in the reverse inverse order of their hospital seniorityseniority provided there are available employees who are able to satisfactorily perform the work to be done.
20.04 An employee who 14.02 If there is affected by work shortage a reduction in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesclassification, the affected seniority employee shall have the right to exercise his utilize their seniority to another classification provided they are able to demonstrate satisfactorily to the Company that they have the skill and ability and/or previously acquired in another classification that they held. The affected seniority employee will be paid at the applicable rate of pay for the work performed in the new classification.
14.03 When there is an increase in the working force after a layoff the reverse of the above layoff procedure shall be followed.
14.04 Employees recalled must be able to satisfactorily perform the work available and will be allowed a five (5) day familiarization period.
14.05 Whenever possible, a list of employees to be laid off shall be made available to the Union at least forty-eight (48) hours prior to the layoff becoming effective. It is understood and agreed that the Company may give shorter notice of layoff in circumstances beyond the control of the Company.
14.06 In the event of a layoff that lasts longer than the balance of a regular shift, upon which the layoff occurs, reduction in the working force shall be in accordance with 20.04the layoff procedure in 14.01 (above).
20.06 No new applicant 14.07 In the event of a reduction of the workforce during a shift, high seniority employees within the respective classification will be canvassed to leave early prior to the layoff of the lowest seniority employees provided however that the lower seniority employees are capable of performing the work available.
14.08 When students are employed they shall be hired in a hospital in which there has been a layoff until those laid laid-off for less than eighteen (18) consecutive months have been given an opportunity for a job, for before all other employees.
14.09 The Shop Committee will be retained at work notwithstanding their position on the seniority list so long as work is available which they are qualified, under Article 31. Those qualified laid off employees shall be deemed able to have applied for such vacanciessatisfactorily perform.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
a) declaring a short term layoff,
b) by eliminating one (1) or more bargaining unit positions from the department, or
c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least proposed layoff fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term in advance of notice he shall be paid to the employee(s); and
b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof for such days. The Hospital thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the University will meet with the Local Union to discuss inform the disposition Union of staff so affectedits intention and the reason(s) for the layoff. Discussion At this meeting, the University and the Union may explore and agree to alternative arrangements that meet the operational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
17.04 An employee will commence between normally be expected to work through the parties within ten (10) calendar days notice period, but the University may choose not to require the employee to attend at work during all or part of such the notice and every reasonable effort period in which case the employee will be made so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to provide continuing employment for employees Article 17.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the hospital Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the bargaining unitssame classification.
20.03 Subject 17.07 The notice period shall begin on the date that written notice of xxxxxx is received by the employee or the date on which written notice of layoff is delivered by registered mail to 20.04the employee’s address on file with Human Resources, whichever is earlier.
a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
c) if an employee is on short term sick leave, the notice period will begin on the date the employee is deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.
17.09 Employees shall have the following entitlements in the event of a layoff;
a) An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University Pension Plan; or
(iii) elect to fill a vacant position, provided they are qualified to perform the available work; or
(iv) displace an employee with lesser seniority whose work they are qualified to perform.
b) In all cases of layoff:
(i) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. The unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.
(iii) All regular part-time and regular full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new employee is hired into either category.
(iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Part-time employee has greater seniority than a Full-time employee, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee hired until all those employees who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases
(a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services the Employer, (including budgetary restraints), the Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
(b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
(c) The Employer will endeavor to place regular employees so affected in other vacant positions within the Division or Employer for which, in the opinion of the Employer, they are qualified or will be qualified within a minimum reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' notice of intent. In conjunction with such cases the notice Union agrees to waive the Unionrequirement to bulletin. Where placement in an equal level job in the employee’s Regional Transit Service Area is made available to an employee the employee shall not have any bumping rights under this Article, provided that the Employer and the Local shall meet to discuss the layoffsplacement would not require payment of moving expenses as outlined in Article 17.
20.02 If an 8.02 A regular employee who is subject to be laid offlayoff, the hospital shall notify the employee and the Localnot eligible for placement under 8.01(c), may elect to exercise his/her bumping rights, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If Regional Transit Service Area where the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to currently employed on the following conditionsbasis:
(a) that such other job is held by an An employee with less seniority;seniority in the same job classification, or failing that, either:
(bi) An employee with less seniority in a job which the employee subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that such the displaced employee claiming has not previously held but which, in the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications opinion of the Employer, the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall is qualified or will be given qualified within a reasonable period of time training and orientation. Such period of orientation is not to demonstrate sufficient skill and ability exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in above criteria. If the employee's dutiessecond bump is also unsuccessful after thirty (30) working days, the employee shall have be placed on the right recall list and will fall under the provisions of Article 8.06. This type of bumping is limited to the Service Area in which the employee is currently employed.
(c) Regular employees who are bumped under the foregoing provisions may in turn exercise his their seniority to bump other employees in accordance with 20.04this Article.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 9.01 Layoffs which are anticipated to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty exceed five (305) calendar days' notice , recalls after such layoffs, promotions to higher rated jobs other than to supervisory positions, lateral moves and voluntary demotions shall be based upon the following factors:
(i) Seniority
(ii) Skill and Ability
(iii) Reliability. Where, in the judgment of intent. In conjunction with the notice to the UnionEmployer, which judgment shall not be exercised in an arbitrary or unfairly discriminatory manner, the Employer qualifications of an Employee in factors (ii) and the Local (iii) are relatively equal, seniority shall meet to discuss the layoffsgovern.
20.02 If an employee 9.02 In the event that it is necessary to be laid offreduce the workforce during particular shifts due to unexpected low business levels, the hospital shall notify the employee and the Local, option of leaving early will be given in writing, at least fourteen (14) calendar days before the layoff is to be effectiveorder of departmental seniority. If there are no volunteers, Employees will be sent home during the employee is not affected shifts in inverse order of departmental seniority.
9.03 No new Employees will be hired within a department until all laid-off seniority Employees, or Full- Time Employees who have been involuntarily reduced to part-time status within the same department and fulfill the criteria in Article 9.01 who are capable of performing the available work have been given the opportunity to return to work the scheduled work days during the term and/or have their full-time status restored, subject to Article 2.03 (a).
9.04 Notice of notice he termination shall be paid in lieu thereof for such days. The Hospital will meet accordance with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsEmployment Standards Act R.S.O. 1990; as amended.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) In the event the Employer should cease operations, in whole or in part, the Employer will give the Association timely notice. The Employer and the Association agree to meet in a timely manner to discuss the changes. The Employer and the association agree to work jointly to minimize any adverse effects to affected Employees as a result of such cessation of operations and to maximize creative approaches that such other job is held by an employee with less seniority;meet the interests of the Employer, the Association, and the affected Employees.
(b) that such employee claiming Should the job has sufficient qualifications to perform Employer cease operations, in whole or in part, resulting in a permanent lay off of Employees in the job. The Hospital bargaining unit, the Employer shall not assess the qualifications give notice of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facilitytermination, or to another position which constitutes a major change payment in lieu of notice, and severance pay as prescribed by the employee's dutiesEmployment Standards Act. In addition, the employee shall have the right Employer agrees to exercise his seniority in accordance provide assistance to such Employees with 20.04respect to job search techniques, resume preparation, interviewing skills and related employment services.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Union will be given reasonable notice of the Employer’s intention to lack lay off Full Time employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by this Agreement, then the Employer shall discuss the problem with Union 12R24.
(a) A Full Time employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) they have filed a letter indicating that they xx- xxxxx work for reasons other than contracting the period of the anticipated work shortage; in such cases they will be deemed to have taken leave of absence and to have opted out of the G.W.P. until they indicate by letter that they are again available for short time work as- signments, or
(ii) unless they have filed a letter indicating that they will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which they have indicated that they will be available, and with respect to any hours for which they have indicated that they are not available they will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time as- signments within their seniority group. An employee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be sched- uled for any subsequent weeks until they notify the employees affected Employer in writing that they will be available for rea- sonable short time work assignments, and until they do so they will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A Full Time employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority they have accumulated at the Employer and time the Local shall meet layoff commen- ces up to discuss the layoffsa maximum of two (2) years calculated from their last day at work.
20.02 If (d) Full Time employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a Full Time employee who has filed a letter indicating that they will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which they have made themselves avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In- demnity benefits before they are actually laid off or sched- uled for short time assignments will continue to draw benefits for the duration of their illness or up to the max- imum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Weekly Indemnity and Long Term Disability Plans ceases immediately upon their lay off and is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity reinstat- ed upon their recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non-occupational accident, shall be xxx- gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort their recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a Full Time employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit- ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at their own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over- staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol- lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain their existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which they have been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
a) declaring a short term layoff,
b) by eliminating one (1) or more bargaining unit positions from the department, or
c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least proposed layoff fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term in advance of notice he shall be paid to the employee(s); and
b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof for such days. The Hospital thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the University will meet with the Local Union to discuss inform the disposition Union of staff so affectedits intention and the reason(s) for the layoff. Discussion At this meeting, the University and the Union may explore and agree to alternative arrangements that meet the operational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
17.04 An employee will commence between normally be expected to work through the parties within ten (10) calendar days notice period, but the University may choose not to require the employee to attend at work during all or part of such the notice and every reasonable effort period in which case the employee will be made so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to provide continuing employment for employees Article 17.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the hospital Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the bargaining unitssame classification.
20.03 Subject 17.07 The notice period shall begin on the date that written notice of xxxxxx is received by the employee or the date on which written notice of layoff is delivered by registered mail to 20.04the employee’s address on file with Human Resources, whichever is earlier.
a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
c) if an employee is on short term sick leave, the notice period will begin on the date the employee is deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.
17.09 Employees shall have the following entitlements in the event of a layoff;
a) An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University’s pension plan as outlined in Article 23; or
(iii) elect to fill a vacant position, provided they are qualified to perform the available work; or
(iv) displace an employee with lesser seniority whose work they are qualified to perform.
b) In all cases of layoff:
(i) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. The unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.
(iii) All regular part-time and regular full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new employee is hired into either category.
(iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Part-time employee has greater seniority than a Full-time employee, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee hired until all those employees who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases (a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services The Employer, (including budgetary restraints), The Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
(b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
(c) The Employer will endeavour to place regular employees so affected in other vacant positions within the Division or Employer for which, in the opinion of The Employer, they are qualified or will be qualified within a minimum reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' notice of intent. In conjunction with such cases the notice Union agrees to waive the Unionrequirement to bulletin. Where placement in an equal level job in the employee’s Regional Transit Service Area is made available to an employee the employee shall not have any bumping rights under this Article, provided that the Employer and the Local shall meet to discuss the layoffsplacement would not require payment of moving expenses as outlined in Article 17.
20.02 If an 8.02 A regular employee who is subject to be laid offlayoff, the hospital shall notify the employee and the Localnot eligible for placement under 8.01(c), may elect to exercise his/her bumping rights, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If Regional Transit Service Area where the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to currently employed on the following conditionsbasis:
(a) that such other job is held by an An employee with less seniority;seniority in the same job classification, or failing that, either:
(bi) that such An employee claiming the with less seniority in a job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of which the employee subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that the displaced employee has not previously held but which, in an arbitrary manner. Such employees meeting the requirements under (b) above shall opinion of The Employer, the employee is qualified or will be given qualified within a reasonable period of time training and orientation. Such period of orientation is not to demonstrate sufficient skill and ability exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in above criteria. If the employee's dutiessecond bump is also unsuccessful after thirty (30) working days, the employee shall have be placed on the right recall list and will fall under the provisions of Article 8.06. This type of bumping is limited to the Service Area in which the employee is currently employed.
(c) Regular employees who are bumped under the foregoing provisions may in turn exercise his their seniority to bump other employees in accordance with 20.04this Article.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of layoff in a layoffdepartment or unit, the Hospital shall lay off employees shall be laid off in the reverse order of their hospital seniorityseniority within their classification, providing that there remain on the job Bargaining Unit employees who then have the ability to perform the work.
20.04 (b) An employee who is subject to layoff pursuant to Article 14.01 (a) shall have the option to either:
I) Accept the layoff, or
II) bump an employee who has lesser Bargaining Unit seniority and who is the senior employee in an equal or lower paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of such equal or lower paying classification without training other than orientation. Such employee so bumped shall be laid off.
III) An employee who is subject to layoff according to the above procedure shall herself be entitled to exercise her bumping rights.
IV) Subject to Article 14.01 (II) (b) above, full-time employees may only bump full-time employees and part-time employees may only bump part- time employees in a layoff situation.
V) An employee shall be entitled to have Union representation at the time of being issued a notice of layoff.
(a) The Hospital shall give each employee in the Bargaining Unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, three (3) months notice in writing provided the affected by work shortage in his department employee has more than twelve (12) months service. Employees with less than twelve (12) months service will be entitled to claim notice in accordance with the job Employment Standards Act.
(b) There shall be at least four (4) months notice to the Union in the event of another a proposed layoff for a period in excess of thirteen (13) weeks.
(c) The Hospital shall meet with the Union to review the following:
I) The reason(s) causing the layoff.
II) The services which the Hospital will undertake after such layoff, and employees to be laid off.
(d) Any agreement between the Hospital and the Union concerning the method of implementation of such layoff shall take precedence over the terms of this Article.
I) In all other cases of layoff, the Hospital shall give each employee in the Bargaining Unit who has acquired seniority and the Union, two (2) weeks notice provided, however, such notice shall not be required if the layoff occurs because of an act of God or any department subject other condition or occurrence beyond the reasonable control of the Hospital.
II) Where a vacancy occurs in a position following a layoff, as a result of which an employee has bumped to another position, the following conditions:affected employee will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of the layoff. Where the employee returns to his/her former position there shall be no obligation to consider the vacancy under article 13.01
(f) The job posting provisions take precedence over any recall rights that employees may have under this Agreement.
(a) that such other job is held by an employee with less seniority;
Before issuing notice of long term layoff (i.e. for a period of more than thirteen (13) weeks) pursuant to Article 14.02 (a) and following notice pursuant to Article 14.02 (b), the Hospital will make offers of early retirement allowance in accordance with the following conditions.
I) that such employee claiming The Hospital will first make offers in order of seniority within the job has sufficient qualifications to perform the jobdepartment(s) or unit(s) and in classifications where layoffs would otherwise occur. The Hospital shall not assess will offer the qualifications same number of early retirements as the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period number of time to demonstrate sufficient skill and ability to perform the joblayoffs it would otherwise make.
20.05 When a II) The Hospital arbitrarily assigns an employee will make such offers to another department/facilityemployees eligible for early retirement under the Hospital pension plan (including regular part-time, if applicable), whether or to another position which constitutes a major change not they participate in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04hospital pension plan.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18III) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time The number of hiring that the position was a temporary appointment:
(a) early retirements the Hospital shall approves will not layoff any employee for any reason other than lack exceed the number of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationemployees in that department or unit and classification who would otherwise be laid off.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital bargaining unit‐wide seniority.
20.04 An , provided that an employee may bump a junior employee only in cases where the senior employee is qualified to fill the lower position. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer, the Employer shall notify employees, who is affected by work shortage have acquired seniority rights in his department will the Regular Seniority Pool and who are to be entitled to claim the job of another employee in any department subject laid off, at least ten (10) working days prior to the following conditions:
effective date of layoff. If the employee has not had the opportunity to work during the ten (a10) that such other job is held by an days referred to above, the employee with less seniority;shall be paid for those days for which work was not made available.
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications When a temporary layoff is necessary because of the inability to carry on a project efficiently in the judgement of the Department Head; the temporary layoff may take place by gangs, or parts of gangs; however, this shall apply only for layoffs anticipated not to exceed two (2) shifts; provided however, that where it is part of a gang the provisions of Article 5.3(a) shall apply.
(c) It is understood and agreed that any employee in an arbitrary manner. Such employees meeting the requirements affected under (bArticles 5.2, 5.3(a) or 5.3(b) above shall be given a reasonable period retain the right of time to demonstrate sufficient skill and ability to perform appeal as contained in the jobgrievance procedure.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 (d) No new applicant employees shall be hired in a hospital in which there has been following a layoff until those who were laid off for less than eighteen (18) consecutive months have been given an a reasonable opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by as follows: The Employer shall make every reasonable attempt to contact and recall employees in order of bargaining unit‐wide seniority provided they are qualified to perform the available work and were employed providing they respond within the stipulated time limits. Such notice shall be given so as to be received at least twenty‐four (24) hours prior to the required reporting time. Upon making contact with an employee, the Employer shall specify the time when the employee shall report for work. An employee, who does not respond within forty‐eight (48) hours of the Employer's initial contact attempt, or who refuses to report for work, shall be dropped to the bottom of the appropriate list for recall. An employee shall report to work at the time specified by the Employer or, in extenuating circumstances, within two (2) weeks of the Employer's initial contact attempt. Each employee on layoff will be responsible for keeping the Employer notified of a current contact point through which the employee can be reached. It shall be the duty of each employee laid off, to advise the Director of Human Resources in writing of the correct mailing address and telephone number and the Employer if rehiring within one (1) year, shall advise the employee by telephone and/or letter of the date on which that type person is required to report for duty.
(e) Employees recalled within one (1) year of layoff shall, upon return to work, be credited with their previous length of service for determining their seniority and eligibility for vacation entitlement, sick leave, group life, medical, dental, extended health benefit, superannuation and service severance pay. Time absent during a period of layoff shall not be included in determining an employee's eligibility for the above perquisites, except vacation entitlement, or length of service but shall be included for purposes of calculating seniority. Vacation pay will be prorated by the period of the layoff and an employee may elect not to take that portion of vacation which is unpaid.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except The Hospital shall give each employee in cases the bargaining unit who has acquired seniority and who is to be laid off for a period of emergencymore than eight weeks, layoffs due notice in writing his lay-off in accordance with the following schedule: year but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years' service or more week's weeks ' weeks weeks' weeks weeks weeks weeks notice notice notice notice notice notice notice notice Such notice will be handed to lack the employee and a signed acknowledgement requested the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered 'mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of work for reasons other layoff. In the event of a proposed layoff of more than contracting out or mergers of hospitals or services of hospitals will only take place after eight weeks' duration, the employees affected and Hospital will: Provide the Local have been given a minimum of Union with no less than thirty (30) calendar days' days notice of intent. In conjunction such layoff, and meet with the notice Union through the Labour Management Committee to review the Union, following: the Employer reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of and the Local shall meet to discuss the layoffs.
20.02 If an employee is employees to be laid off. In the event of a substantial bed or in service, the hospital shall notify Hospital will provide the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectiveUnion with reasonable notice. If requested, the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local Union through the Labour Management Committee to discuss review the disposition reasons and expected duration of the bed or in service, any realignment service or staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for its effect on employees in the hospital and bargaining unit. In all other cases of lay-off, the Hospital shall give each employee in the bargaining units.
20.03 Subject to 20.04unit who has acquired seniority one week's notice, in provided however, such notice shall not be required the occurs because of emergencies (for example fire, act of God, power failure or equipment In the event of a layofflay-off, the Hospital shall lay off employees shall be laid off in the reverse order of their hospital seniority.
20.04 seniority within their providing that there remain on the job employees who then have the ability to the work. An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee lay-off shall have the right to exercise either: Accept the lay-off or; Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay-off can perform the duties of the lower or iden- tical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given in writing to the designated Hospital representa- tive within working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have opportunity of recall from a lay- off to an available opening, in order seniority provided he has the ability to perform the work, before such opening is on a regular basis under a job posting procedure. The posting procedure in accordance with 20.04.
20.06 the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraphs and above, the Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new applicant employees shall be hired in a hospital in which there has been a layoff until all those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31to return to work and have failed to notify the Hospital of ’their intention to do accord- ance with or have been found unable to perform the work available. Those qualified It is the sole responsibility of the employee who has been laid off employees to notify the Hospital his intention to return to work within five working days (exclusive of Saturdays, Sundays and paid Holidays) after being to do so by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to have applied for such vacancies.
20.07 Unless been received on the second day following the date of and to return to work within ten working days after being notified. The notification shall state the job to which the employee was notified in writing is eligible to be recalled and the date and time at which the time of hiring that employee shall report for work. The employee is solely responsible for his proper address being on record with the position was a temporary appointment:
(a) Hospital. Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a lay-off commenced on the day immedi- ately following a paid holiday, an employee otherwise qualified for holiday pay shall not layoff any be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for any reason other than lack a period eighteen months from the date of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Partlay-time and off. No full-time employees who are laid-off employee within the bargaining unit shall be offered casual and/or temporary employment during their period laid by reason of recall by order of seniority provided they are available and were employed for that type of workduties being assigned to one or more part-time employees.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. Section 8.01 In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off according to their classification seniority starting by the lowest. If there are two (2) employees in the reverse order of their hospital senioritysame classification the employee with the lowest seniority will be laid off first.
20.04 An Section 8.02 Prior to lay off, an employee, can bump the most junior employee in the lowest classification in another department provided he has the necessary qualifications. The employee who is affected by work shortage in has excercised this right will required a medical at Bitumar’s expense to evaluate his department health condition to perform the new job. If the results of the medical test are adequate, he will be entitled given adequate training and has twenty (20) days to claim prove that he has the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient necessary qualifications and abilities to perform the job. The Hospital Failing to demonstrate the necessary qualifications and abilities the employee will be laid off.
Section 8.03 Employees with seniority who are laid off shall not assess be recalled in reverse order to that in which they were laid off. An employee who has been recalled to a different position will require a medical at Bitumar’s expense and if the results are adequate and he has the required qualifications to perform the work for the open position, he will then be given adequate training and will have twenty (20) days to prove that he can perform the job. Failing to demonstrate the necessary qualifications the employee will be laid off again.
Section 8.04 In the event of the employee curtailment of business or in an arbitrary manner. Such the event of changed conditions which will cause a shortage of work, the Local Union will be notified and the employees meeting the requirements under (b) above shall will be given a reasonable period four (4) calendar days notice or a pay in lieu of time the Employer's intention to demonstrate sufficient skill lay off regular employees. This notice will permit discussion of the problem and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given provide an opportunity for a job, for either the Local Union or the Employer to make suggestions which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciescould eliminate or reduce the extent of the layoff or short time situation anticipated.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases (e) In the event of emergencya proposed layoff, layoffs due to lack of work for reasons other the employer shall provide the union with no less than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty ninety (3090) calendar days' notice of intent. In conjunction such layoff and shall meet with the notice Union to review the Union, following:
(i) the Employer reasons causing the layoff;
(ii) the service which the employer will undertake after the layoff;
(iii) the method of implementation including the areas of cut-back and the Local shall meet to discuss the layoffs.
20.02 If an employee is nurses to be laid off.
(f) Full-time and regular part-time nurses shall be recalled in order of seniority. In cases of recall from layoff, nurses may be provided with any orientation determined by either the hospital nurse or the employer. A request by such nurse for orientation shall not be unreasonably denied.
(g) It shall be the duty of each nurse to notify the employee Employer promptly of any change in address. Notice required by the Employer shall be deemed to be given if forwarded to the nurse at the last address of which the Employer had notice.
10.08 Seniority shall terminate and a nurse shall cease to be employed by the LocalEmployer when she:
(a) voluntarily quits her employment with the Employer;
(b) is discharged and is not reinstated through the grievance procedure or Arbitration;
(i) due to illness or disability, is off work for a continuous period of twenty-four (24) months;
(ii) due to other causes such a layoff, is off work for a continuous period of twenty-four (24) months or the length of the employee's seniority whichever is the shorter;
(d) fails to report her intention to return to work within five (5) calendar days of receiving notice of recall after layoff or in writingany event, at least fails to report for work within fourteen (14) calendar days before after being notified by the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days Employer of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of recall by registered mail at her last known address unless a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who satisfactory explanation is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less senioritygiven;
(be) that such employee claiming fails to return to work upon termination of an authorized leave of absence unless a satisfactory reason is given;
(f) accepts gainful employment while on a leave of absence without first obtaining the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications consent of the employee Employer in an arbitrary manner. Such employees meeting writing;
(g) is absent from work for two (2) days or more without notice to the requirements under (b) above shall be given Employer and without a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall bona fide excuse for such absence. Note: This Article will be hired interpreted in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesmanner consistent with the Ontario Human Rights Code.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 9.01 Layoffs which are anticipated to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty exceed five (305) calendar days' notice , recalls after such layoffs, promotions to higher rated jobs other than to supervisory positions, lateral moves and voluntary demotions shall be based upon the following factors:
(i) Department Seniority
(ii) Skill and Ability
(iii) Reliability. Where, in the judgment of intent. In conjunction with the notice to the UnionEmployer, which judgment shall not be exercised in an arbitrary or unfairly discriminatory manner, the Employer qualifications of an Employee in factors (ii) and the Local (iii) are relatively equal, seniority shall meet to discuss the layoffsgovern.
20.02 If an employee 9.02 In the event that it is necessary to be laid offreduce the workforce during particular shifts due to unexpected low business levels, the hospital shall notify the employee and the Local, option of leaving early will be given in writing, at least fourteen (14) calendar days before the layoff is to be effectiveorder of departmental seniority within affected job classifications. If there are no volunteers, Employees will be sent home during the employee is not affected shifts in inverse order of departmental seniority.
9.03 No new Employees will be hired within a department until all laid-off seniority Employees within the same department and fulfill the criteria in Article 9.01 who are capable of performing the available work have been given the opportunity to work the scheduled work days during the term return to work.
9.04 Notice of notice he termination shall be paid in lieu thereof for such days. The Hospital will meet accordance with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsEmployment Standards Act R.S.O. 1990; as amended.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) In the event the Employer should cease operations, in whole or in part, the Employer will give the Association timely notice. The Employer and the Association agree to meet in a timely manner to discuss the changes. The Employer and the Association agree to work jointly to minimize any adverse effects to affected Employees as a result of such cessation of operations and to maximize creative approaches that such other job is held by an employee with less seniority;meet the interests of the Employer, the Association, and the affected Employees.
(b) that such employee claiming Should the job has sufficient qualifications Employer cease operations, in whole or in part, resulting in a permanent lay off of Employees in the bargaining unit, the Employer shall give notice of termination, or payment in lieu of notice, and severance pay as prescribed by the Employment Standards Act.
9.06 In the event of layoffs exceeding five (5) calendar days, the Parties agree to perform apply the job. The Hospital shall not assess the qualifications principle, spirit and intent of the employee in an arbitrary mannerLayoff Protocol agreed to by the Parties as per Letter of Understanding no. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job12 dated April 16, 2009.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases In the event of emergency, layoffs due to lack the curtailment of work for reasons other than contracting out business or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of changed conditions which will cause a shortage of work, the Local Union will be given reasonable notice of the Employer’s intention to lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff. This notice will permit discussion of the problem and pro- vide an opportunity for either the Local Union or the to make suggestions which could eliminate or reduce the extent of the layoff or short time situation anticipated, such as a change in the system of days off or additional paid vacation days, in lieu of vacation bonus. Following such meeting, the Employer shall promptly ad- vise those employees shall who are likely to be laid off or sched- uled for short time or for other than regular hours. Where such curtailment of business or changed con- ditions are likely to cause layoff or short time work assign- ments for employees in several seniority groups covered by this Agreement, then the Employer shall discuss the prob- lem with the Provincial Board.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the reverse order seniority group unless: has filed a letter indicating that xx- xxxxxx work for the period of their hospital seniority.
20.04 the anticipated work shortage; in such cases will be deemed to have taken leave of absence and to have opted out of the until indicates by letter that is again available for short time work as- signments, or unless has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which has indicated that he/ she will he available, and with respect to any hours for which has indicated that is not available will he deemed to he on layoff, but not eligible for payments for those hours. An employee who has not filed such a letter is affected by presumed to he available for all reasonable short time assignments within seniority group. An employee who refuses to accept or fails to report for a scheduled as- signment without reasonable excuse shall be struck off the schedule for the week, and will not be scheduled for any subsequent weeks until notifies the Em- ployer in writing that will he available for rea- sonable short time work shortage assignments, and until does so will he deemed on layoff but not eligi- ble for benefits under the A regular employee who is laid off shall be carried on the seniority list for a period equal to the seniority he/ she has accumulated at the time the layoff commences up to a maximum of two (2) years calculated from her last day at work. Regular employees who are scheduled to work any hours in his department any week will continue to he eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that will accept only limited work assignments, will be entitled limited to claim an amount not in excess of of the job hours for which has made avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly In- demnity payments during any such week. However, an employee already in receipt of another Weekly Indemnity benefits before is actually laid off or scheduled for short time assignments will continue to draw benefits for the duration of illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and par- ticipation in the Weekly Indemnity and Long Term Dis- ability Plans ceases immediately upon lay off and is reinstated upon recall to work and com- pletion of eight (8) hours’ work in the Bargaining Unit. Notwithstanding the above, an employee with ten (IO) or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to re- port to work due to sickness or nonoccupational acci- dent, shall be eligible for participation in any department subject to the Weekly Indemnity and Long Term Disability Plans effective the date of recall. When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week may transfer under the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such must have the ability and physical fitness for the position that is open; the employee must transfer voluntarily at own expense; the employee must accept the rate that is applicable to the vacancy; employees meeting on layoff within the requirements under (b) above shall Operation will be con- tacted and the most senior employee amongst those xxx- gible by reason of layoff or short time scheduling will be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.preference;
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except (a) Layoff of temporary employees shall be by classification in cases reverse order of emergencyservice seniority within the employee's area.
(b) Temporary employees on layoff shall be recalled in order of service seniority within the employee's area provided the temporary employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, layoffs due temporary employees hired for seasonal work or a term certain shall be laid off upon completion of the season or term and shall be subject to lack of work recall procedures in accordance with (b) above.
(d) Temporary employees hired for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice special projects, as mutually agreed to the Union, between the Employer and the Local Union, shall meet to discuss the layoffsbe considered terminated for cause in accordance with Clause 30.4(a) upon completion of their project or program.
20.02 If an employee (e) Temporary employees will be notified of available work by telephone, in accordance with Clause 30.5(h). It is to be laid off, the hospital shall notify responsibility of the employee and to advise the Local, Employer of changes in writing, at least fourteen telephone number.
(14f) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for Temporary employees who are unavailable in the hospital and in following circumstances will not have the bargaining units.
20.03 Subject to 20.04, in the event decline or unavailability count as an occurrence for purposes of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:Clause 30.4(d):
(a1) that such other job is held by an employee with less seniorityabsence on a WCB claim;
(b2) maternity leave or parental leave;
(3) illness (proof of illness may be required);
(4) illness of a spouse or dependent child of a temporary employee, or member of immediate family that such permanently resides with the employee, where no one other than the employee claiming can care for the job has sufficient qualifications child or immediate family member (proof of illness may be required);
(5) any leave authorized under this Agreement; or
(6) jury duty.
(g) Temporary employees subject to perform recall shall lose their service seniority and shall be considered terminated for just cause where they decline work on three (3) separate occasions in the jobcalendar periods between January 1st and June 30th inclusive or July 1st and December 31st inclusive. The Hospital It is understood that only one (1) decline may be counted per calendar day and when an employee declines or is unavailable for recall for work during a calendar day, the Employer shall not assess the qualifications be required to make further offers of work to the employee in an arbitrary manner. Such employees meeting for the requirements under calendar day which the employee has declined or been unavailable for.
(bh) above Employees on layoff shall be given a reasonable period two (2) hour per day time frame in which they will make themselves available for recall. This time frame will be set at the local level in each of time to demonstrate sufficient skill and ability to perform the jobwork areas.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to (i) Temporary employees may only exercise his bumping rights based upon seniority in accordance with 20.04relation to other temporary employees and in turn may only be bumped by regular employees or temporary employees possessing greater seniority.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except (a) The word, "layoff" means a reduction in cases of emergency, layoffs due to lack of the work force.
(b) In the event it becomes necessary for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionlayoff, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within proper Union representative at least ten (10) calendar work days prior to the effective date of the layoff. At such meeting the Employer shall submit a list of classifications and employees affected. If the results of such notice and every reasonable effort will meeting are not conclusive, the matter shall become a proper subject for the grievance procedure. However, the layoff shall not be made to provide continuing employment for employees in delayed by the hospital and in appeal of the bargaining unitsgrievance.
20.03 Subject to 20.04, in the event of (c) When a layofflayoff takes place, employees not entered on the seniority list shall be laid off first. Thereafter, employees having seniority shall be laid off in the reverse inverse order of seniority within their hospital seniorityclassifications, i.e., the least senior employee on the seniority list being laid off first, provided that the more senior employee is qualified to do the job; subject, however, to the exceptions set forth in Article 13(f).
20.04 An (d) Employees to be laid off will receive at least five (5) work days advance notice of the layoff. Within the five (5) day period, the affected employee who is affected by work shortage in his department will be entitled to claim the job of another may bump a less seniored employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming Department, provided they meet the job has sufficient qualifications to perform do the job. The Hospital shall not assess five (5) day period specified above may be waived if mutually agreed to by both parties.
(e) When the working force is increased after a layoff, employees will be recalled according to seniority, with the most senior employee on xxxxxx being recalled first, if they meet the qualifications for the vacant position. Notice of recall shall be sent to the employee in an arbitrary mannerat his last known address, by registered or certified mail. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns If an employee fails to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off report for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.work within ten
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. 20.01 Except in cases 13.01 Where the Employer decides to effect a layoff (not including layoffs of emergencyseven (7) days or less caused by accident, layoffs due to lack breakdown or any other event beyond the direct control of work for reasons other than contracting out or mergers the Employer) of hospitals or services of hospitals will only take place after the employees affected and the Local who have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unioncompleted their probationary period, the Employer and shall consider the Local shall meet to discuss the layoffs.
20.02 If an following two factors in determining which employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, or employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsoff:
(ai) that such other job is held by an employee with less senioritythe seniority of each employee;
(bii) that such the requirements and the qualifications, skill and ability of each employee claiming the job has sufficient qualifications concerned to perform the normal requirements of the job. The Hospital When in the judgment of the Employer, ii) is equal as between two or more employees, then the employee having greater seniority will be given preference. Such judgment shall not assess the qualifications of the employee be exercised in an arbitrary manner. Such .
13.02 The Employer shall notify employees meeting who are to be laid off seven (7) calendar days prior to the requirements under (b) above effective date of the layoff, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give seven (7) days notice, as much advance notice will be given a reasonable period of time to demonstrate sufficient skill and ability as is possible.
13.03 The Employer shall rehire those persons on layoff, provided they are qualified to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position work. In determining which constitutes a major change in the employee's dutiesperson shall be rehired, the employee Employer shall have consider the right to exercise his following two factors:
i) the seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for of such vacancies.
20.07 Unless the employee was notified in writing person at the time of hiring that the position was a temporary appointment:his layoff; and
(aii) the Hospital qualifications, requirements, skill and ability of each person concerned to perform the normal requirements of the job. Where, in the judgment of the Employer, ii) is equal as between two or more individuals, then the individual having greater seniority at the time of his layoff will be given preference. Such judgment shall not layoff any employee for any reason other than be exercised in an arbitrary manner.
13.04 Notice of recall shall be directed by registered mail to the person's last known address. It shall be the individual's responsibility to keep the Employer informed of his current correct address.
13.05 Where the Employer decides that it is necessary to release probationary employees because of a lack of work; and
(b) , the Hospital selection of the probationary employees to be released shall be at the Employer's sole discretion. Employees who have been released during their probationary period shall not demote enjoy any employee for the sole purpose of replacing him with an employee of a higher paid classificationright to be rehired.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work13.06 In the event the Company closes, the Employer will meet to negotiate enhanced severance with the Union.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except 11.1 All layoffs shall be done in cases reverse order of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after seniority provided the employees affected and remaining have the Local have been given ability to properly perform the assigned duties. It is understood that the Employer must show just reasons for any layoff that is not in reverse order of seniority.
11.2 Recall shall be strictly by seniority provided the employee to be recalled has the ability to properly perform the duties of the position to which the recall applies. It is understood that the Employer must show just reasons for any recall that is not done in order of seniority.
11.3 In the event that the Employer determines that a theatre covered by the Collective Agreement is to be permanently closed, employees with one or more years' seniority shall be entitled to a minimum of thirty three (303) calendar daysmonths' notice that their jobs in that theatre will be terminated, save and except that the Union agrees that three (3) months' notice need not be given in the event of intentclosures caused by acts of God, fire, or other emergency circumstances, or in the event of a business decision made by the Employer not known by local management prior to the three (3) month notice period. In conjunction those cases the portion of the length of notice less than three (3) months will be added to the affected employees' period of eligibility to apply under Article 11.5.
11.4 Copies of notices pursuant to Article 11.3 shall be delivered to the Union in a timely fashion.
11.5 Upon receipt of a notice of termination under this Article, such employees shall have the opportunity to apply for any vacant positions, or additional positions which become, or will become, available in any of the Employer's operations in the bargaining unit during the notice period, and for a six (6) month period following the employee's termination. Employees so applying shall be given preference, in order of their service seniority, over any other applicants provided they have the ability to properly perform the work available.
11.6 In the event that more than one employee applies for a position, the employee with the most service seniority shall be selected from those applicants who have met the requirements as set forth in Article 11.5 above.
11.7 The Employer shall promptly inform all employees in receipt of a notice under this Article of available vacancies in the Employer's operations in the bargaining unit during the notice period referred to in Article 11.5, and shall provide to the Union, employees information as to the Employer hours of work and the Local shall meet to discuss the layoffs.
20.02 probable schedules of any such available positions. If an employee is to be laid offrejects a position located within fifteen (15) miles of the closed theatre that offers at least the same number of hours as the employee was working at the time the employee received notice of termination, the hospital employee shall notify be removed from the employee list and shall not be entitled to the Localbenefits of this clause. Any notice of a vacancy under this Article may be given personally, by telephone, or by registered letter to the last address provided to the Employer.
11.8 Employees must apply for the vacancies, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days after the date the employee was informed of such notice and every reasonable effort will the job vacancy or additional job. If an employee does not apply within the said ten (10)-day period, the employee has no right to be made to provide continuing employment considered for employees in the hospital and in the bargaining unitsthat position.
20.03 Subject 11.9 Employees who are re-employed pursuant to 20.04, this Article shall retain all accrued benefits of this Agreement that have been earned in accordance of their seniority subject only to Articles 10.1(b) and 10.4.
11.10 Employees who are working thirty (30) hours or more per week at the event time that they are given notice of termination due to closure of a layoff, employees shall be laid off in theatre may opt to terminate their employment by accepting severance pay upon closure of the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionstheatre as follows:
(a) that such other job is held by an employee with less senioritytwo (2) weeks' salary for the first completed year of service and thereafter one (1) week's salary for each continuous year of service to a maximum of fifteen (15) weeks;
(b) that such employee claiming for the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications purposes of the employee in an arbitrary manner. Such employees meeting the requirements calculating wage entitlement under Article 11.10(a) above, one (b1) above week's salary shall be given a reasonable period an average of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, weekly wage during the ten (10) weeks prior to the date on which the employee shall have received notice of termination pursuant to Article 11.3;
(c) it is understood that the right option of severance pay is available only should the employee eligible under this clause not be offered employment which would allow the employee to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for work twenty-five (25) or more hours per week within fifteen (15) miles of the closed theatre. Further, if an employee is offered work at less than eighteen twenty-five (1825) consecutive months have been given an opportunity for a jobhours per week and accepts that position, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed then there is no entitlement to have applied for such vacanciesseverance pay.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except 15:01 Both parties to this Agreement recognize that job security should increase in cases proportion to length of emergencyservice and therefore every effort will be made to ensure layoffs of full time regular staff is avoided, layoffs except under difficult circumstances.
15:02 If a reduction of full-time employees is necessary due to lack a shortage of work work, diminished business or for reasons other than contracting out or mergers beyond the control of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the UnionEmployer, the Employer and the Local shall meet with and advise the Union of the proposed reduction and job(s) affected prior to discuss the layoffslayoff notices being issued.
20.02 If 15:03 Layoff notices shall be given in accordance with the following:
(a) for full-time employees - two (2) weeks prior to the effective date;
(b) each notice shall give the reasons for the layoff and its expected duration;
(c) if an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is has not given had the opportunity to work the scheduled work days during the term of notice as provided for in Article 15:03 (a), he shall be paid for the days for which work was not made available;
(d) for the purposes of this Article, pay in lieu thereof under Article 15:03 (b) and 15:03 (c) for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, part-time employees shall be determined on the basis of the average number of hours they normally would have worked if layoffs would not have occurred which shall be calculated on the average basis of their accumulated number of hours in the preceding two (2) weeks prior to notice of layoff divided by two (2);
(e) notwithstanding Articles 15:03 (a), (b) and (c), where operational requirements warrant, employees on layoff may be recalled on a short term basis without the necessary notice required at the end of the period of recall.
15:04 Employees laid off in shall be placed on a re-employment list with a copy furnished to the reverse order of their hospital seniorityUnion, and shall be called back to work as required, beginning with the most senior employee and descending from there.
20.04 (a) Notice of re-employment to an employee who has been laid off shall be made by registered mail with A.R. Card to the last known address of such employee. If an employee fails to reply within one (1) week of receipt of such recall notice, the employee’s name shall be removed from the re-employment list.
(b) Recall for employment shall be based on seniority (seniority hours). An employee who is affected by recalled to work shortage in his department will shall be entitled to claim the job of another employee in any department subject to the following conditions:
allowed two (a2) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications weeks, from receipt of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable notice to report to work, or such shorter or longer period of time as may be agreed between the Employer and the employee. Due to demonstrate sufficient skill and ability the nature of this work however, if the employee is unable to perform report immediately, the jobnext person on the recall list will be given an opportunity to fill in for the period for which the recalled employee is unable to report for work. If an employee fails to return at the appropriate time, his name may be removed from the re-employment list, except for reason of illness in which case the Employer may require a certificate from a qualified medical practitioner, or for other mitigating circumstances acceptable to the Employer (per Article 11:02 (d)). In cases where the Employer is unable to contact the next person on the list with respect to return to work or the individual is unable to report immediately, then the following name on the seniority list must be contacted. At this time, the Employer will notify the MGEU xxxxxxx immediately of the recall.
20.05 When a Hospital arbitrarily assigns an 15:06 Notwithstanding Article 12, no new employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified of recall provided that the laid off employees shall be deemed to have applied employee meets the requirements for such vacanciesthe position as set out in the job description.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with 15:07 By written notice, an employee of a higher paid classificationmay elect to terminate his services at any time during layoff and thus waive his right to maintain his name on the re- employment list.
20.08 Part-time 15:08 An employee shall automatically have his name removed from the re- employment list after twelve (12) months of continuous layoff.
15:09 When a dispute arises concerning an employee’s layoff, he may grieve commencing at Step 2 of the grievance and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of workarbitration procedure.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except A. The word layoff means a reduction in cases of emergency, layoffs the working force due to a decrease of work, a lack of work funds or the elimination of a job function.
B. If a layoff becomes necessary, the following procedure will be mandatory: Temporary employees within a department will be laid off first; probationary employees within a department will be laid off next; then seniority employees within a department will be laid off according to seniority as defined in Article VII, Section 1. Seniority employees facing layoffs shall be able to "bump" into any equal or lower classification job, based on seniority, if they can perform the job satisfactorily.
C. In proper cases, exceptions to the layoff procedure may be made. Disposition of these cases will be a proper matter for reasons other than contracting out or mergers a special conference and if not resolved, it shall then be subject to the grievance procedure.
D. Employees to be laid off for an indefinite period of hospitals or services time shall have at least ten (10) calendar days "notice of hospitals will only take place after layoff." The local UNION'S Chief Xxxxxxx shall receive a list from the EMPLOYER of the employees affected and being laid off on or about the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with same date the notice notices are issued to the Union, the Employer and the Local shall meet to discuss the layoffsemployees.
20.02 E. When the working force is increased after a layoff the employee will be recalled according to seniority in reverse order of Article VII. Notice of recall shall be sent to the employee at his last known address by first class mail. If an employee is fails to be laid off, report within the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before from the layoff is to be effective. If date of mailing of the employee is not given the opportunity to work the scheduled work days during the term notice of notice recall, he shall be paid in lieu thereof for such days. The Hospital will meet with the Local considered to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitshave quit.
20.03 Subject F. In order to 20.04remain on the recall list, an employee must notify the personnel office, in writing, of his availability during the event month of a layoffJUly, employees shall be laid off in the reverse order of their hospital seniorityeach year.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the jobSection 1. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.Transfers
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. 15:01 In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall will be reduced in an inverse order of the Seniority List on which their names appear, provided there are more senior employees who can satisfactorily perform the work from which the junior employees are removed.
15:02 In the event of a layoff due to lack of work the Company agrees to give every employee who is to be laid off in one clear working days notice of such proposed layoff. This clause shall not apply if the reverse order employee’s failure to receive such notice is due to his/her absence from work on the day on which he/she would have otherwise received such notice, unless the absence is due to a scheduled lack of their hospital senioritywork day. In this circumstance the company must provide one clear working day notice.
20.04 An employee who is affected by work shortage in his department 15:03 No probationary employees will be entitled allowed to claim the job of another employee work while there is a layoff in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications effect, except if those on layoff are unwilling to perform the job. The Hospital shall not assess work in question or if in the qualifications opinion of management, they are incapable of performing the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in 15:04 In the employee's duties, event of recalling employees from layoff the employee shall have recall will be based on the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available the senior employee can satisfactorily perform the work for which he/she is being recalled.
15:05 Any employee’s reinstatement after sick leave will be conditional on his/her supplying, when requested a certificate from a physician that he/she
15:06 The Company will schedule a number of towmotor drivers required for inventory and were employed then schedule additional help in order of department seniority.
15:07 In the event of a layoff, the Union Committee shall be notified in advance.
15:08 Once a layoff has been in effect for a minimum of one week, employees who run out of work may be transferred into a department to perform work normally performed by laid off employees provided that type the duration of workany one transfer is no longer than one shift.
Appears in 1 contract
Samples: Union Agreement
Layoff and Recall. 20.01 Except A. When layoffs are necessary due to economic necessity or other condition, as defined by the Board in cases of emergencyits discretion, layoffs due will be made on a department basis. Probationary employees in the department in which the reduction in staff occurs shall be laid off first.
B. In the event additional personnel must be laid off, layoffs within a department shall be based on seniority of employees within the department. However, a more senior employee may be laid off while a less senior employee is retained if the more senior employee is not qualified to lack perform the duties of work the position(s) held by the less senior employee. The Superintendent shall determine “Qualified”.
1. Qualification will be based partly on qualifications in the job descriptions and other factors (ex. may include but are not limited to; evaluations, discipline, etc.) the Superintendent deems important. If a less senior employee is retained the Superintendent will outline the reason in writing to the Association President.
C. An employee who is laid off from a department may claim the job of an employee in another department provided the employee previously held a position in that department and has the ability to perform the job. A laid off employee shall not be entitled to exercise such “bumping” rights unless he/she is currently qualified for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of position.
D. An employee who is to be laid off shall be notified at least thirty (30) calendar days' notice days in advance except in cases where the need to layoff was unanticipated or unforeseen.
E. When the work force is increased after a layoff, an employee shall be entitled to be recalled on the basis of intent. In conjunction with the notice seniority to the Uniondepartment in which the employee was employed at the time of layoff. The employee shall be entitled to fill a vacancy in another department in which the employee was previously employed, provided the Employer and laid off employee has the Local shall meet qualifications to discuss perform the layoffsavailable work.
20.02 F. Notice of recall shall be sent to the employee at his/her last known address by certified mail, return receipt requested. It shall be the responsibility of a laid off employee to keep the school informed of his/her current address.
G. If an employee is fails to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is Superintendent’s office of his/her intent to be effective. If the employee is not given the opportunity return to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such after a certified, return receipt requested, recall notice and every reasonable effort is received, it will be made conclusively constitute the employee’s resignation. If the recall notice is not received because the employee has failed to provide continuing employment for employees in the hospital and in Superintendent’s office with his/her current address, the bargaining unitsaforementioned ten (10) calendar day time limit shall begin from the time the recall notice is mailed, rather than the date the recall notice is received.
20.03 Subject H. If an employee notifies the Superintendent’s office of his/her intent to 20.04accept recall and then fails to report to work, except in cases of illness or emergency, on the event of a layofffirst day for that position, employees that also shall be laid off in conclusively construed as the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by employee’s resignation. If an employee with less seniority;
receives unemployment compensation during scheduled school breaks (bChristmas, summer, etc.) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesreturns for his/ her regular work year, the employee shall have repay the right to exercise his seniority in accordance with 20.04unemployment compensation.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Master Agreement
Layoff and Recall. 20.01 Except in 24.01 All cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals layoff will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction be discussed with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsUnion as far in advance as practicable.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in 24.02 In the event of a layoff, employees Employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by Employee Service Credit provided Management can retain a work shortage force qualified in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications its opinion to perform the jobwork remaining. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Employees shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change recalled in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which order of their Employee Service Credit provided they are qualified, under Article 31capable and have the ability to do the work available.
24.03 It shall be the responsibility of Employees to keep Management informed, in writing, of changes in their postal address.
24.04 It is understood that in exercising the Employees’ accrued rights in accordance with the above, advancement to a job which carries a higher rate of pay is only permitted where Employees, in the discretion of Management, are deemed to be qualified and capable.
24.05 Regular Employees who are subject to layoff may bump Employees with less service credit from equivalent or lower classifications provided those Employees possess the skill and abilities to perform the job of the Employees that they displaced.
24.06 It is understood that Employees who exercise bumping rights in lieu of layoff shall be allowed thirty (30) calendar days on the job to demonstrate the skills and abilities to perform the work of the displaced Employees. Those qualified In the event the Employees are unable to demonstrate the skills and abilities to perform the work of displaced Employees, the Employees shall be laid off employees shall be deemed without further recourse to have applied for such vacanciesthe provisions of this Section.
20.07 Unless 24.07 All Employer costs of the employee was notified in writing at Ontario Health Insurance Plan, the time Prescription Drug Plan, the Long Term Disability Plan and the Dental Plan will be continued for up to six (6) months after layoff, provided the continuance of hiring that these plans is possible with the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationUnderwriter.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 The Employer, in its discretion, shall determine when and whether layoffs are necessary, provided, however, that the Employer will not implement a layoff for the sole purpose of replacing full-time employees with part-time, auxiliary or volunteer employees. If the Employer so determines, employees covered by this Agreement will be laid off in accordance with their length of service with the Employer as provided in 65 ILCS 5/10-2.1-18, provided, however, the Employer may retain an employee who has specialized skills regardless of length of service where it is necessary to the efficient operation of the Department to retain an individual with such specialized skills. For the purpose of this Article, the term “specialized skills” shall be limited to those employees who have completed extensive training programs such as certified technicians, certified traffic reconstruction and other similar courses which require extensive training and completion of course work. Except in cases case of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals no layoff will only take place after the employees affected and the Local have been given a minimum of occur without at least thirty (30) calendar days' notice of intent. In conjunction with the notice notification to the Union, . The Employer will meet to bargain the Employer decision and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least effects of a proposed layoff within fourteen (14) calendar days before days' of serving the layoff is notice to be effective. If the employee is not given Union provided the opportunity Union advises the Employer of its desire to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties and bargaining within ten five (105) calendar days of such the Union's receipt of notice of the proposed layoff. The Village agrees to consult the Union, upon request, and every reasonable effort will be made afford the Labor Union an opportunity to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject propose alternatives to 20.04, in the event of a layoff, employees though such consultation shall not be laid off in used to delay the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will layoff and the Employer shall not be entitled obligated to claim agree to any proposed alternatives. Further, the job of another employee in any department subject to the following conditions:
(a) that such Employer shall not hire, contract out or utilize other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications parties to perform the job. The Hospital shall not assess the qualifications duties performed by members of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit, while any bargaining unit member remains on layoff.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
(a) declaring a short term layoff,
(b) by eliminating one (1) or more bargaining unit positions from the department, or
(c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
(a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the proposed layoff fourteen (14) days in advance of notice to the Unionemployee(s); and
(b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the Employer University will meet with the Union to inform the Union of its intention and the Local shall reason(s) for the layoff. At this meeting, the University and the Union may explore and agree to alternative arrangements that meet to discuss the layoffsoperational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
20.02 17.04 An employee will normally be expected to work through the notice period, but the University may choose not to require the employee to attend at work during all or part of the notice period in which case the employee will be so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to Article 16.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the same classification.
17.07 The notice period shall begin on the date that written notice of layoff is received by the employee or the date on which written notice of layoff is delivered by registered mail to the employee’s address on file with Human Resources, whichever is earlier.
(a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
(b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
(c) If an employee is to be laid offon short term sick leave, the hospital shall notify notice period will begin on the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If date the employee is not given deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to work take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the scheduled work days during the impact of a short-term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitslayoff.
20.03 Subject to 20.04, 17.09 Employees shall have the following entitlements in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:;
(a) that such other job An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University’s pension plan as outlined in Article 22; or
(iii) elect to fill a vacant position, provided she is held by qualified to perform the available work; or
(iv) displace an employee with less seniority;lesser seniority whose work she is qualified to perform.
(b) that such employee claiming In all cases of layoff:
(i) Any agreement between the job has sufficient qualifications to perform Employer and the jobUnion concerning the method of implementation of a layoff shall take precedence over the terms of this article. The Hospital unavailability of a representative of the Union shall not assess delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the qualifications hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the employee in an arbitrary manner. Such Union.
(iii) All regular part-time and regular full-time employees meeting represented by the requirements under (b) above shall Union who are on layoff will be given a reasonable period of job opportunity in the full-time to demonstrate sufficient skill and ability to perform the jobpart-time categories before any new employee is hired into either category.
20.05 When (iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Hospital arbitrarily assigns an Part-time employee to another department/facility, or to another position which constitutes has greater seniority than a major change in the Full-time employee's duties, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall have be hired until all those employees who retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except (a) Provided there are employees capable of performing the work in cases the classification in the department concerned, the following layoff procedures of emergencyemployees in the classification concerned shall apply:
(i) Volunteers, layoffs due by seniority
(ii) Probationary employees (reverse order of seniority)
(iii) Part-time employees (reverse order of seniority)
(iv) Full-time employees (reverse order of seniority) In the application of (a)(i) above, the parties agree that hours worked by a part-time employee who is substituting for a full-time employee exercising this option, shall not be used to lack determine the part-time employee’s eligibility to become full-time.
(b) The Company shall provide written notice of a layoff requiring the issuing of a Record of Employment to the affected employees as far in advance as possible, but not less than forty-eight (48) hours prior to the effective date of such layoff, except in situations outside the Company’s control (acts of God, fire, flood, etc.).
(c) All names of employees to be placed on such layoff shall be listed, indicating their classifications and a copy of same forwarded to the union office as far in advance as possible, but not less than forty-eight (48) hours prior to the effective date of such layoff, except in situations outside the Company’s control (acts of God, fire, flood, etc.).
(d) Before any new employees are hired in the classification concerned, laid off employees in the classification concerned shall be recalled to work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after by registered mail in the reverse order to which they were laid off. For employees affected and the Local have been given a minimum laid-off in excess of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an laid-off employee is to be laid off, the hospital shall notify the employee and Company within five (5) days of receiving the Local, in writing, at least fourteen (14) calendar days before the layoff is notice of recall of their intent to be effectivereturn to work. If the employee is not given the opportunity Those intending to do so shall return to work the scheduled work within five (5) days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsthereafter.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except in cases A. Whenever a layoff becomes necessary, bargaining unit employees will be laid off on the basis of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the their seniority within their job title (see Appendix A). Those employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees seniority in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees job title shall be laid off first. An employee shall be guaranteed at least six (6) weeks notice of a layoff. Employees who are notified of their impending layoff may exercise their right to bump. Employees are only entitled to bump the employee with the least seniority in their grade or the employee with the least seniority in the grade(s) below theirs, if one exists, with Grade C being the highest and Grade A being the lowest. The employee who bumped downward will be paid the same amount as the employee with the closest comparable seniority in the lower grade that does not exceed the employee’s current wage. However, an employee who bumps downward shall be entitled to receive an additional one time increase to their base pay of 1% of their new wage for every year of seniority above the employee with the closest comparable seniority whose wage they are to be paid. When an Employee is notified of his/her impending layoff, the employee must notify the Director of Property Services within 5 days if she/he is electing to bump. An employee so bumped may also exercise these rights if notice to the Director is provided within five (5) days of being bumped and there is a lower grade to bump into. For the duration of the 2019-2020 contract year, the Board will not RIF any of the current Head Custodian positions.
B. Recall shall be in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department layoff. Employees subject to recall shall be notified by the following conditions:
(a) that such other job is held Board, by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the jobcertified mail, return receipt requested. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the laid off employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases In the event of emergency, layoffs due to lack the curtailment of work for reasons other than contracting out business or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of changed conditions which will cause a shortage of work, Local Union will be given reasonable notice of the Employer’s intention to lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff. This notice will permit discussion of the problem and pro- vide an opportunity for either the Local Union or the Em- ployer to make suggestions which could eliminate or reduce the extent of the layoff or short situation anticipated, such as a change in the system of days off or additional paid vacation days, in lieu of vacation bonus. Following such meeting, the Employer shall promptly ad- vise those employees shall who are likely to be laid off or sched- uled for short time or for other than regular hours. Where such curtailment of business or changed con- ditions are likely to cause layoff or short time work assign- ments for employees in several seniority groups covered by this Agreement, then the Employer shall discuss the prob- lem with the Provincial Board. A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the reverse order seniority group unless: has filed a letter indicating that xx- xxxxxx work for the period of their hospital seniority.
20.04 the anticipated work shortage; in such cases will be deemed to have taken leave of absence and to have opted out of the until indicates by letter that is again available for short time work as- signments, or unless has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which has indicated that he/ she will be available, and with respect to any hours for which has indicated that is not available will be deemed to be on layoff, but not eligible for payments for those hours. An employee who has not filed such a letter is affected by work shortage presumed to be available for all reasonable short time assignments within seniority group. An employee who refuses to accept or fails to report for a scheduled as- signment without reasonable excuse shall be struck off the schedule for the week, and will not be scheduled for any subsequent weeks until notifies the Em- ployer in his department writing that will be entitled available for rea- sonable short time work assignments, and until does so will be deemed on layoff but not eligi- ble for benefits under the A regular employee who is laid off shall be carried on the seniority list for a period equal to claim the job seniority he/ she has accumulated at the time the layoff commences up to a maximum of another employee two (2) years calculated from her last day at work. Regular employees who are scheduled to work any hours in any department subject week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that will accept only limited work assignments, will be limited to an amount not in excess of of the hours for which has made avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly In- demnity payments during any such week. However, an employee already in receipt of Weekly Indemnity benefits before is actually laid off or scheduled for short time assignments will continue to draw benefits for the duration of illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and par- ticipation in the Weekly Indemnity and Long Term Dis- ability Plans ceases immediately upon lay off and is reinstated upon recall to work and com- pletion of eight (8) hours’ work in the Bargaining Unit. Notwithstanding the above, an employee with ten or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to re- port to work due to sickness or non-occupational acci- dent, shall be eligible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of recall. When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be offered a transfer under the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must have the requirements under ability and physical fitness for the position that is open; the employee must transfer voluntarily at own expense; the employee must accept the rate that is applicable to the vacancy; if a vacancy is not filled within seven (b7) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesdays, the employee com- pany shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from overstaffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.expanding geographic basis as follows: The same Union Local Neighbouring Union Locals Provincially
Appears in 1 contract
Samples: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after In the employees affected and the Local have been given event a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionlayoff is necessary, the Employer and the Local shall meet Union agree to discuss the layoffswork jointly to minimize any adverse effects of any layoff to employees.
20.02 If (a) Where an employee individual’s own job is to be laid offnot available for five (5) days or less, the hospital shall notify Company will assign the employee and the Localindividual other work if such work is available. Further, in writingdetermining such assignments, at least fourteen it is the Company’s practice to attempt to assign the more senior employees the higher rated of the work which is available where this is practical. The application of the above practice is subject always to the following conditions:
(14i) calendar days before Employees must be fully qualified and capable of performing any work to which they are assigned.
(ii) Such reassignments must not result in the layoff is to be effectivedisplacement of employees in posted jobs. If For the employee purpose of this Article, a Line Associate is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsconsidered a posted job.
20.03 Subject to 20.04, in (b) In the event of a layofflayoff that is anticipated to be six (6) or more working days, affected employees shall will be allowed to bump posted jobs based on the following factors:
(i) full-time seniority in the case of a lay-off involving full-time employees, or part-time seniority in the case of a lay-off involving part-time employees;
(ii) skill and ability required for the job. It is understood that where the qualifications referred to in factor (ii) above are relatively equal, factor (i) will govern.
14.02 In the event of a layoff of six (6) days or more, affected employees will be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department seniority and the foregoing layoff formula will be entitled to claim the job of another employee applied by groups in any department subject to the following conditionssequences provided the remaining work force has the skill and ability required to perform the available work:
(ai) that such other job is held by an employee with less seniority;Probationary employees (new hire)
(bii) Seniority employees
(i) Students
(ii) Probationary employees (new hire)
(iii) Seniority employees It is understood that such no temporary or casual workers will be utilized in the workplace while any regular employee claiming is on lay-off provided that the job regular employees are qualified to do the work in question.
14.03 When increasing the work force after a layoff, employees will be recalled in order of seniority provided that the resulting work force has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient required skill and ability to perform the jobavailable work.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the 14.04 A full-time employee shall have acquire the right to exercise his bump employees with less plant seniority from other jobs only when her regular job is permanently eliminated. In such event the bumping procedure shall be as follows:
(i) The Company will endeavor to place the employee in a position at a rate of pay equal to that of her previous position;
(ii) Where it proves impossible to find a replacement position in 14.04(i) the full-time employee shall be allowed to displace the most junior employee from any job in any classification which is at a level equal to or lower than that of the eliminated position provided that in the opinion of the Company she has the required skill and ability to do the job. Displacement into a higher classification shall be allowed in accordance with 20.04the terms of this article but in circumstances where senior employees would otherwise be laid off outside of seniority.
20.06 No new applicant 14.05 In the evaluation of skill and ability as referred to in Articles 14.01, 14.02, 14.03, 14.04 and 14.09, the Company shall be hired in the judge, provided however, if an employee believes that proper consideration of her skill and ability has not been given, she may file a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, grievance under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies10.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) In the Hospital event of a lay-off affecting full-time employees, the employees so affected shall not layoff any employee for any reason other than lack of workhave the option of:
(i) accepting transfer to part-time status; andor
(ii) being placed on lay-off status In either case, such employees will be subject to recall to full-time employment as per Article 14.03.
(b) the Hospital Employees who elect a transfer to part-time status as per Article 14.06 (a) (i) will be employed on a day-to-day basis prior to any remaining part-time employees to perform such scheduled or call-in work as arises prior to their recall to full-time work. Such work will be allocated to these transferred employees on a rotational basis.
(c) After twenty-four (24) months employees will revert back to part-time status and will lose their full-time recall rights.
14.07 The Company shall not demote any employee for the sole purpose of replacing him with notify an employee of a higher paid classificationher recall to work by telephoning the last number on record with the Company. Where the Company is unable to contact the employee by telephone, recall notice will be sent by registered mail to the last address on record with the Company. The employee is solely responsible for their proper address and telephone number being on record with the Company. The notification shall state the job to which the employee is to be recalled and the date and time at which the employee shall report to work. It is the sole responsibility of the employee to notify the Company of her intention to return to work within three (3) working days of receiving her notice of recall and return to work within ten (10) working days after receiving recall notice. Employees who fail to return to work within ten (10) days will forfeit their right to recall.
20.08 Part-time 14.08 The Company will advise the Union as early as possible of any layoff which is expected to continue for more than five (5) working days.
14.09 For the purpose of layoff and full-time employees who are laid-off recall of more than five (5) days, the Local Union Executive, Chief Xxxxxxx and Stewards shall be offered casual and/or temporary employment during their period of recall by order of have preferential seniority provided they are have the skill and ability required to perform the available and were employed for that type of work.
14.10 The Company shall give notice of termination according to the Employment Standards Act.
Appears in 1 contract
Samples: Collective Agreement
Layoff and Recall. 20.01 Except (a) The Department in cases its sole discretion shall determine whether layoffs are necessary and shall determine which job title(s) shall be affected. Such reasons include without limitation the following situations: (1) financial necessity, (2) operational efficiency and (3) program reduction. The Department's determination to effectuate a layoff shall be final and not subject to the grievance or arbitration procedures of emergencythis Agreement.
(b) Whenever layoffs are contemplated, the Department shall notify the Union as early as possible. At the same time, the Department shall request immediate notification by area supervisors of any vacancies, which exist or are anticipated within the next sixty (60) days. At the time that any notices of individual layoffs due are sent, the Department shall have a current list of actual and anticipated vacancies on file in the Human Resources Area. If the Union wishes to lack propose alternatives to layoffs, the Department will hear such alternatives but in no case will it be obligated to accept the Union's proposals. Any such Union proposals should be made to the Department at the earliest opportunity. Notices of work individual layoffs shall be provided, in writing, by the General Manager to each individual employee who is to be laid off no less than sixty (60) days prior to the effective date of such layoff. If an employee is unavailable to receive notice of layoff for reasons other than contracting out or mergers a period of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty five (305) calendar days' days from when said notice of intent. In conjunction with is prepared, the General Manager shall provide said written notice to the Union, and such notice shall be considered notice to the Employer and the Local employee. Such notice shall meet to discuss the layoffsbe by certified mail, return receipt requested.
20.02 If an (c) Within a job title(s) affected by a layoff, the employee(s) having the least seniority as defined in Article VI shall be laid off.
(d) An employee who is given notice that they are to be laid off, the hospital shall notify the employee and the Local, in writing, who has had at least one (1) consecutive year of satisfactory or better evaluations, will also have the right to attempt to displace a less senior employee in a position for which they are as qualified as the incumbent, or can reasonably be expected to be as qualified as the incumbent by the end of the sixty (60) day probationary period with usual and customary on the job training. Provided, however, that an employee may exercise displacement rights only into a job title which has a pay grade which is equal to or lower than their own. Any such employee may also elect against exercising displacement rights, receive three hundred twenty (320) hours of severance pay at the next payment date and immediately be placed on lay-off status.
(e) An employee who has received written notice of layoff shall have fourteen (14) calendar days before from receipt of said notice to provide written notice to the layoff is Department of their desire to displace under Section 9.12(d) above. Said written notice shall be effective. If sent by the employee to the General Manager. Such notice shall state which position is not given desired and include sufficient proof of qualification for the opportunity to work job. Upon being so notified, the scheduled work days during the term of notice he General Manager or their designee shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties decide within ten (10) calendar working days of such notice whether the applicant meets the qualifications for the job in question as specified in Section 9.12(d) above, and every reasonable effort will be made to provide continuing employment for employees in so notify the hospital and in the bargaining units.
20.03 Subject to 20.04employee, in writing. If the event of a layoff, employees shall be laid off in General Manager decides that an employee does not meet the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim qualifications for the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesquestion, the employee shall have seven (7) calendar days from receipt of written notice of non-qualification to appeal such decision. The appeal shall be in writing and filed with the right General Manager. If a timely appeal is filed, the question of qualifications under Section 9.12(d) shall be presented to exercise his seniority in accordance with 20.04Xx. Xxxxxxxx Xxxxxx, Esq. (or such other individual as may be mutually agreed between the parties) who shall serve as a permanent adjudicator of any and all such qualifications appeals until a successor adjudicator has been agreed upon. The costs of the adjudicator shall be shared equally by the parties. The adjudicator shall arrange a hearing and render a decision within thirty (30) days of the appeal. The decision of the adjudicator shall be final and binding.
20.06 No new applicant (f) Only one attempt at displacement may be made by an affected employee in a particular round of layoffs. This attempt may include two (2) written applications to the General Manager but only one (1) appeal to the adjudicator. If the employee determines to seek a ruling from the adjudicator following the first denial by the General Manager, the determination of the adjudicator shall be hired final and no further application to either the General Manager or the adjudicator shall be permissible.
(g) Any displacing employee shall serve a sixty (60) day probationary period in the new position. The probationary criteria shall be whether they perform adequately in the position. An employee who is informed that they have not successfully completed the probationary period may utilize the grievance and arbitration provisions of this Agreement.
(h) If displacement is requested and permitted, the employee shall make the transfer as soon as the new position is available.
(i) If displacement is requested and permitted, the displaced employee shall be promptly given a hospital in sixty (60) day notice of layoff and shall have exactly the same rights as the employee who originally received such notice. The displacing employee shall move into the new position as soon as is practical as determined by the supervisor of the area into which there has been the employee is moving.
(j) In the event that a layoff until those laid off employee remains unemployed; the Department shall allow them to buy the current medical insurance coverage for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.eighteen
Appears in 1 contract
Samples: Collective Bargaining Agreement