Common use of Layoff and Recall Clause in Contracts

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full full-time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B9.08B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a9.08A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-laid- off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time Full-Time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a9.08A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.. 9.10 - RETRAINING‌

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals Employers of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, as defined in this article, a laid-laid off employee shall have the right to displace another employee with lesser seniority in a higher-higher paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-higher paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-similar paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Employer shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Employer agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Employer shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalEmployer.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. 13.01 An employee whose status is changed from full-time to part-time, full-time to unscheduled part-time or part-time to unscheduled part-time as a result of the implementation of a new schedule and/or a reduction of hours will be considered to be laid off. 13.02 In the event of layoff, the Home shall lay off employees in receipt the reverse order of notice of their seniority, within their classification, providing that there remain on the job employees who have the ability and qualification to perform the work. 13.03 An employee who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) mayeither: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; orretire; (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the jobjob and is qualified without training, other than orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)13. 01. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of Employer or his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (dc) above. . It is understood that, at time of layoff, up-to-date seniority lists (h) No both full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more and part-time employees. (itime) In the event of a layoff of an employeewill be provided. However, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall will be deemed to be received on the second day following the date merged for purposes of mailing). The notification shall state the job to which the displacing another employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record in accordance with the Hospitalthis article.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals Employers of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, as defined in this article, a laid-laid off employee shall have the right to displace another employee with lesser seniority in a higher-higher paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-higher paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-similar paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full full-time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Employer shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Employer agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Employer shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalEmployer.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. An employee No new Employee shall be hired in receipt of notice of the classifications in which a layoff pursuant has taken place until laid off Employees who retain seniority have been given the opportunity to 9.08(A)(a)(ii) may:return to work. (a) In the event of layoff, the Employer shall lay off Employees in reverse order of their seniority within their classification, providing that there remain on the job Employees who then have the ability to perform the work. An Employee who is subject to layoff shall have the right to: i) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (dii) displace another employee an Employee who has lesser bargaining unit seniority and who is the least senior Employee in the same or a lower or an identical-paying classification in the bargaining unit if the employee Employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the jobclassification without training other than orientation. An employee Such Employee so displaced shall be deemed to have been laid off and shall be entitled subject to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention rights under this section; or iii) accept severance pay, thereby resigning. The decision of the Employee to do so and choose (i), (ii) or (iii) above shall be given in writing to the position claimed designated Home representative within seven (7) days after receiving following the notice notification of layoff. For purposes of Employees failing to do so will be deemed to have accepted the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage ratelayoff. (eb) In the event that there are no employees with lesser seniority The Home shall give each Employee in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall who has acquired seniority and who is to be laid off by reason for a period of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.than thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. 14.01 An employee whose status is changed from full-time to part-time, full-time to unscheduled part-time or part-time to unscheduled part-time as a result of the implementation of a new schedule and/or a reduction of hours will be considered to be laid off. 14.02 In the event of layoff, the Home shall lay off employees in receipt the reverse order of notice of their seniority, within their classification, providing that there remain on the job employees who have the ability and qualification to perform the work. 14.03 An employee who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) mayeither: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; orretire; (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the jobjob and is qualified without training, other than orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)14. 01. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (dc) above. . It is understood that, at time of layoff, up to date seniority lists (h) No both full-time employee within the bargaining unit shall and part time) will be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employeeprovided. However, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall will be deemed to be received on the second day following the date merged for purposes of mailing). The notification shall state the job to which the displacing another employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record in accordance with the Hospital14.04.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this articleArticle, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a9.08(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees.reason (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a9.08(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. (a) An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (ai) accept the layoff; or (bii) opt to receive a separation allowance as outlined in Article 9.1214.8 below; or (ciii) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B)eligible; or (div) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a14.2(b). . (b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her their intention to do so and the position claimed within seven (7) calendar days after receiving the notice of layoff. . (c) For purposes of the operation of clause (dArticle 14.7(a)(iv), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's ’s straight time hourly wage rate. (ed) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this articleArticle, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (fe) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-full- time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (gf) An employee who is subject to layoff other than a layoff of a permanent or long-long- term nature including a full full-time employee whose hours of work are, subject to Article 14.0115.1, reduced, shall have the right to accept the layoff or displace another employee in accordance with (aArticle 14.7(a)(iv) and (dArticle 14.7(d) above. (hg) No full-time employee within the bargaining unit shall be laid off by reason of his/her their duties being assigned to one or more part-time employees. (ih) In the event of a layoff of an employee, the Hospital Employer shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a14.2(b). (ji) The Hospital Employer agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has they have the ability to perform the work. (kj) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Employer shall not act in an arbitrary or unfair manner. (lk) An employee recalled to work in a different classification from which he or she was they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (ml) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (nm) The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her their proper address being on record with the HospitalEmployer.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. A lay-off is defined as elimination of a position or an employee who has a regular work week is laid off for a week, if in that week, the employee earns less than one-half the amount that he or she would earn at his or her regular rate in a regular work week. The employer shall give the Union and employees who are to be laid off, as much advance notice as possible, and in no case less than thirty (30) working days prior to the effective day of layoff. Meet with the Union through the Labour Management committee to review the reason and expected duration of the lay-off, any realignment of service or staff and its effect on employees in the bargaining unit. Any mutual agreement between the Employer and the Union resulting from the above process concerning the method, timing and implementation will take precedence over other terms of lay-off and related provisions in the Collective Agreement. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to resign and receive a separation allowance as outlined in Article 9.12severance; or (c) opt to retire, ; if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) may displace another an employee who has lesser on a bargaining unit seniority in wide basis if they: i) have more seniority; ii) have the same necessary skills and abilities; iii) meet bona fide occupational qualifications; where applicable iv) displace into a position which has equal or a lower or an identical-paying classification in job rate than the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements job rate of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)their current position. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her their intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff case of a permanent or longrecall following lay-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employeeoff, the Hospital shall pay its share of insured benefits premiums for most senior employee will be recalled provided the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the experience, qualifications, skills and ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) . The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalUnion where there are recalls.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) (ii) may: accept the layoff; or (b) or opt to receive a separation allowance as outlined in Article 9.12; or (c) or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight ’s straight-time hourly wage rate. (e) In . the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the leastsenior employee in a higherthe classification and where the straight-paying classification provided they are able time hourly rate at the level of service corresponding to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined fullemployee is of the laid-time/partoff employee’s straight-time collective agreementshourly rate, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right tight to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) . An employee who has bumped into a or has been recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position and/or held prior to the layoff should it become vacant within six (6) months of being recalled. (m) vacant, provided he/she has the ability to perform the work. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) . The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. A copy of correspondence shall be forwarded to the Association 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 not be required to accept such recall and may instead remain on layoff No Ml-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration six-month notice period provided for in article In the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums up to the end of the month in which the lay-off occurs. The employee may, if possible under the terms and conditions of the insurance benefits programmes, continue to pay premium cost of a benefit or benefits for up to three months following the end of the month in which the lay-off occurs. Such payment be made through the payroll office of the Hospital provided that the employee informs the Hospital of or her intent to do so at the time of the lay-off, and arranges with the Hospital the appropriate payment schedule ARTICLE -Retraining Where, with the benefit of retraining of up to six months, an employee who has either accepted the layoff or who is unable to displace any other employee could be redeployed to a hospital position identified by the Redeployment Committee in accordance with Article Opportunities to vacant positions identified by the Hospital Redeployment Committee through retraining shall be offered to employees who apply and would quality for the position with the available retraining in order of their seniority until the list of any such opportunities is exhausted. Opportunities to vacancies outside the bargaining unit may be offered by the Hospital in its discretion. The Hospital and the Union will cooperate so that employees who have received notice of permanent layoff and been approved for retraining in order to prevent a layoff will have their work schedules adjusted in order to enable them to participate in the retraining, and scheduling and seniority requirements may by mutual agreement be waived. The Redeployment Committee will seek the assistance of the Hospital Training and Adjustment Panel to cover the cost books and any travel.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time fulltime employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the the (k) posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (kl) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (lm) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (mn) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (no) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii13.01(a)(ii) may: (a) accept the layoff; , or (b) opt to receive a separation allowance as outlined in Article 9.1213.05; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)13. 01. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her their intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in a higherthe classification and where the straight-paying classification provided they are able time hourly rate at the level of service corresponding to meet the normal requirements that of the job, with orientation but without additional training. (f) In addition, in combined fullemployee is within 7% of the laid-time/partoff employee’s straight-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.0118.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has they have the ability to perform the work. (k) work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) . An employee recalled to work in a different classification from which he or she was they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.six

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An G-01 Subject to notes 1 to 3 below the employee may displace an employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined full or part-time status who has lesser bargaining unit seniority within his or her classification, identical paying classification, or lower paying classification in Article 9.12; or (c) opt to retirehis or her discipline or department, if eligible under the terms employee originally subject to layoff can perform the duties of the Hospitals of Ontario Pension Plan (HOOPP) as outlined lesser senior employee within his or her classification, identical paying classification, or lower paying classification in Article 9.08(B); orhis or her discipline, department or program. (d) G-02 Subject to notes 1 to 3 below, if the employee cannot displace another an employee in her discipline, department or program, the employee may displace an employee who has lesser bargaining unit seniority in the same full or part-time status in a lower or an identical-identical paying classification in the bargaining unit another department or program if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblesser senior employee in a lower or identical classification in another department or program with the same training period as would typically be accorded to a new employee. An Notes regarding the exercising of displacement rights under 11.04 (1) (above) and 11.04 (2) (below): 1. Prior to exercising any other displacement rights, an employee so displaced shall be deemed to must have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the first exhausted his/her right to displace another employee with who has lesser seniority shall advise and who is the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off least senior employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying job classification, as defined in this articlethe same status, a laid-off employee shall have at the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet same worksite. Notwithstanding the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreementsabove, a full-time employee shall also not be entitled required to displace another full-time employee with lesser seniority in a higher-paying classification provided that they whose regular hours of work are able to meet the normal requirements less than those of the job, with orientation but without additional training, when there are no other position from which he/she is displacing. 2. An employee who wishes to take the option of displacing across status (i.e. from full-time employees to part-time or vice versa), must first exercise that right in his/her own job class at the same worksite, prior to displacing across status at any other worksite. 3. In the event there is more than one incumbent in the same or a lower or similar-paying job classification with lesser seniorityand work unit into which an employee wishes to displace, prior to being required to the displacing employee shall displace a part-time employee. (g) An lesser senior employee who is subject to layoff other than the least senior in that classification in that work unit. Notwithstanding the above, a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within shall not be required to displace another full-time employee whose regular hours of work are less than those of the bargaining unit shall be laid off by reason of hisposition from which he/her duties being assigned to one she is displacing. G-03 It is understood that an employee may decline an opportunity for recall into a status (full-time or more part-time employees. (itime) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification other than that from which he or she was laid off shall have off, without prejudice to recall rights for the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.remainder

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario St. Joseph’s Health Centre Pension Plan (HOOPP) as outlined in Article 9.08(B9.08 (b); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Health Centre of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Health Centre shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalHealth Centre.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full full-time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee Employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii10:01(a) (ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.1210.05; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan plan (HOOPP) as outlined in Article 9.08(B)30; or (d) displace another employee Employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee Employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee Employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)10. 01. An employee Employee who chooses to exercise the right to displace another employee Employee with lesser seniority shall advise the Hospital of her/his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees Employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee Employee shall have the right to displace another employee Employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) . An employee Employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee Employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee An Employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided she/he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.the

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. (a) A layoff occurs when a position is declared redundant and the majority of its functions are discontinued. (b) In the event of layoff within a department, of an employee or employees who have completed the probationary period (except term employees), the University shall give as much notice as possible but in no case less than twelve (12) weeks’ notice of the designation of such employees for layoff, in the position(s) affected in the Department in question, in the reverse order of their seniority, provided that the employees remaining in the Department have the skill, ability and qualifications to perform the work remaining in the Department. At the same time, the University shall endeavour to identify vacancies or potential available displacements, and shall then consult with potentially affected employees and the union. 17.02 An employee in receipt of notice of who has completed the probationary period who is designated for layoff pursuant to 9.08(A)(a)(ii) mayshall have the right to: (a) accept the layoff; or (b) opt to receive accept a separation allowance as outlined vacancy, if available, in Article 9.12; ora position within the employee's own job grade or within a range not lower than two (2) grades below the employee's own job provided that the employee designated for layoff can perform the duties of the position with training; (c) opt Where an employee has been selected to retirefill the position, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned own job grade or within a range not lower than two (2) grades below his/her job grade, with training, the University shall cover in the letter of offer to one or more part-time employees.the employee the following points: (i) In the event of a layoff of an employee, developmental plan indicating what skills the Hospital shall pay its share of insured benefits premiums for employee needs to acquire in order to achieve the duration full requirements of the five-month notice period provided for in Article 9.08(A)(a)position. (jii) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity time by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and must attain the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.skills identified in Article 17.02

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario St. Joseph’s Health Centre Pension Plan (HOOPP) as outlined in Article 9.08(B9.08 (b); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Health Centre of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Health Centre shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalHealth Centre.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, as defined in this article, a laid-laid off employee shall have the right to displace another employee with lesser seniority in a higher-higher paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-higher paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-similar paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii9.08(A) (a) (ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a9.08(A) (a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii9.08(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B9.08(b); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a9.08(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a9.08(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario St. Joseph’s Health Centre Pension Plan (HOOPP) as outlined in Article 9.08(B9.08(b); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Health Centre of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-long- term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Health Centre shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalHealth Centre.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a9.08(A) (a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

Layoff and Recall. 13.01 A layoff shall be defined as a permanent reduction in the workforce or a permanent reduction in the regular hours of work of an employee. The Employer shall notify employees who are to be permanently laid off in accordance with the provisions of the Employment Standards Act and the Union with no less than four (4) weeks written notice. 13.02 In the event of layoff, the Home shall lay off employees in the reverse order of their seniority, within their classification, providing that there remain on the job employees who have the ability and qualification to perform the work. 13.03 An employee in receipt of notice of who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) mayeither: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; orretire; (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the jobjob and is qualified without training, other than orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)13. 01. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of Employer or his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (dc) above. . It is understood that, at time of layoff, up-to-date seniority lists (h) No both full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more and part-time employees. (itime) In the event of a layoff of an employeewill be provided. However, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall will be deemed to be received on the second day following the date merged for purposes of mailing). The notification shall state the job to which the displacing another employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record in accordance with the Hospitalthis article.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees.reason (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee 14.01 A layoff is defined as a reduction in receipt the regular hours of a position or the elimination by the Employer of one or more Bargaining Unit positions. 14.02 Employees whose jobs are being transferred/relocated or in any way redeployed to a new Branch from their original Branch may exercise their rights under the Layoff and Recall provisions of this Collective Agreement. 14.03 The Employer shall provide notice of indefinite layoff as required by the Employment Standards Act or sixty (60) days, whichever is greater, or pay in lieu of such notice, or a combination of both, to an affected Employee. A copy of any notice of layoff pursuant will also be provided to 9.08(A)(a)(iithe Local Union President. 14.04 In the event of an indefinite lay-off of an Employee(s), the Employer shall first meet with the Union: To review the reasons for the layoff; To inform the Union of the service which the Employer will undertake after the layoff; and To discuss the method of implementation including the area(s) may:of cutback and the Employees to be laid off; and To discuss potential alternatives including voluntary early retirements. Any agreement reached between the Employer and the Union concerning the method of implementation, in cases of indefinite lay-off, will be binding upon the parties and all Employees, despite the provisions of this Agreement. (a) accept When an Employee elects to exercise her seniority rights, the layoffEmployee will displace the least senior Employee, with similar hours of work in their Branch, who is in the same band as her own classification provided the Employee has the necessary qualifications; orother than a five (5) day orientation or up to ten (10) days as determined by the Employer. (b) opt In the event there is no Employee with similar hours of work, the Employee will then displace the least senior Employee in their Branch who is in the same or lower pay band provided the Employee has the necessary qualifications; other than a five (5) day orientation or up to receive a separation allowance ten (10) days as outlined in Article 9.12; ordetermined by the Employer. (c) In the event that there is no Employee who is less senior in their Branch, they may opt to retiredisplace the least senior Employee, if eligible under the terms in any of the Hospitals Branches provided the Employee has the necessary qualifications; other than a five (5) day orientation or up to ten (10) days as determined by the Employer. For clarification similar hours of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); orwork refers to Monday to Friday, days, afternoons or weekends. (d) displace another employee who has lesser bargaining unit seniority in It is understood that the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject Employer will exercise its right to layoff in a manner that prefers full time and permanent part-time work over relief work, where operational considerations allow. The parties may agree to different arrangements pursuant to Article 14.04 other than a five (5) day orientation or up to ten (10) days as determined by the Employer. 14.06 A laid off Employee shall have recall rights and shall continue to retain seniority for a period of twenty-four (24) months. After this period has elapsed, the ability to meet Employee’s name shall be removed from the normal requirements of the job. An employee so displaced seniority list and she shall be deemed to have been laid off terminated. 14.07 The Employer will not hire any new Employees or post any vacancies where there is an Employee on layoff who has the qualifications, experience, skill and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise ability for the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and position, provided the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, pay band as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet position from which the normal requirements of the job, with orientation but without additional trainingEmployee was laid off. (f) In addition, in combined full-time/14.08 Any full time or permanent part-time collective agreementsEmployee who is laid off may, at their option, enter into the relief pool and will be placed on the relief list on the basis of their seniority. An Employee may accept relief work from the Employer during her period of layoff without prejudicing her rights under this Article (but it shall not affect the period of time under 14.06 above). On a full-time employee shall also branch by branch basis, relief Employees will not be entitled regularly scheduled ahead of Employees on layoff who have elected to displace another full-time employee with lesser seniority in a higher-paying classification provided that they enter into the relief pool who are able qualified to meet do the normal requirements available work. 14.09 The Employer shall, subject to the provisions of the jobrelevant benefit plan(s), permit an Employee to participate in the group benefits plan, (and pension contributions as may be permitted by HOOPP); during her period of layoff (to a maximum of 24 months following the date of layoff) provided she pays both the Employer and Employee share of these premiums or contributions. 14.10 Recall notices shall be sent by overnight priority courier to the last address filed with orientation but without additional trainingthe Employer. The Union shall receive a copy of all notices of recall. An Employee with recall rights must notify the Employer of any change of address. 14.11 If within ten (10) calendar days after being notified of the notice of recall, when there are no other full-time employees an Employee fails to notify the Employer that she intends to return to work, or if she fails to return to work within ten (10) calendar days of the date requested by the Employer for her return to work, she shall lose all seniority, her name shall be removed from the seniority list and she shall be deemed to have been terminated unless a satisfactory explanation is established for failure to notify the Employer or failure to return to work. 14.12 Upon recall to employment in the same or a lower or similar-paying classification with lesser seniorityclassification, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit Employee shall be laid off by reason placed on the wage grid at a rate no less than her rate of his/her duties being assigned to one or more part-time employees. (i) pay on the date of layoff. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work classification in a different classification from which he or lower pay band, she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received placed on the second day following wage grid at the rate closest to her rate of pay on the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospitallayoff.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept A lay-off shall not be considered to have occurred for purposes of this Collective Agreement unless the layoff; orEmployer is unable to provide an employee with work for more than five (5) consecutive shifts. (b) opt All employees shall be selected to receive a separation allowance as outlined be laid off or recalled on the basis of their seniority on the seniority list relative to other employees in Article 9.12; orthe job classification, with the more junior employee to be laid off first and recalled last. (c) opt An employee notified that she is to retirebe laid off shall have the right to bump any other employee with less bargaining unit seniority in a lower rated or equivalent classification provided that the bumping employee has the requisite skill, if eligible under ability, qualifications and experience to perform the terms available work and further provided that a regular part time employee may not displace a full time employee. A bumping employee shall advise the Employer of their bumping preferences within two (2) days of receiving the Hospitals notice of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); orlay-off. In all cases where a vacancy exists for which the bumping employee has the requisite skill, ability, qualifications and experience, that vacancy shall be deemed to be the employee's preference. (d) displace another employee who has lesser bargaining unit seniority in A copy of any notice of lay-off shall be provided to the Union on the same or a lower or an identical-paying classification in day that it is provided to the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off affected employee's straight time hourly wage rate. (e) In After 35 weeks from the event that there are no employees with lesser seniority in the same or date a lower or identical-paying classification, as defined in this article, a laidlay-off commenced, an employee shall have may elect to receive the severance pay, if any, prescribed by the Employment Standards Act and relinquish any seniority rights and right to displace another employee with lesser seniority in a higher-paying classification provided they are able be recalled to meet the normal requirements of the job, with orientation but without additional trainingemployment. (f) In addition, in combined full-time/part-time collective agreements, An employee who has not received a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided notice that they are able to meet be laid off under this Article may offer to the normal requirements of the jobEmployer that she be selected to be laid off and, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser senioritycase that the Employer accepts that offer, prior the offering employee will, notwithstanding anything to being required the contrary contained in this Agreement, be deemed to be properly laid off without the right to displace a part-time more junior employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Notwithstanding Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with 10.01 (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(ab). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she who has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee maintained seniority rights under this Agreement will only be recalled to work in a different classification from if the Employer expects that there is available work for which he or she was the laid off shall have employee possesses the privilege of returning requisite skill, ability and qualifications to perform and which will permit the position held prior employee to remain actively employed for at least 30 days from the layoff should it become vacant within six (6) months of being date that she is recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario St. Xxxxxx Health Centre Pension Plan (HOOPP) as outlined in Article 9.08(B9.08 (b); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Health Centre of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-long- term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Health Centre shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalHealth Centre.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. (a) In the event of layoff, the Employer shall lay off employees in the reverse order of their seniority and status, in accordance with Article 11.02 - Order of Lay-offs, provided that there remain on the job employees who then have the ability to perform the work.‌ (b) An employee in receipt of notice of who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) may:either:‌ (ai) accept the layoff; or, or‌ (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (dii) displace another an employee who has lesser bargaining bargaining-unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be laid off.‌ (iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated Employer representative within ten (10) working days (excluding Saturday, Sunday and Holiday(s) following the notification of lay-off. Employees failing to do so will be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identicalaccepted lay-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate.off.‌ (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (gc) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has they have the ability to perform the work.work before such opening is filled on a regular basis under a job posting procedure in the collective agreement shall not apply until the recall process has been completed.‌ (kd) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Employer shall not act in an arbitrary or unfair manner. (le) An employee recalled to work in a different paramedic classification from which he or she was they were laid off shall have the privilege of returning to the position they held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.six‌

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. (a) In the event of layoff, the Corporation shall layoff employees in the reverse order of their seniority within their classification, and within their full-time or part-time unit, providing that there remain on the job employees who then have the ability and qualifications to perform the work. For purposes of layoff and recall, full-time and part-time seniority will be deemed to be merged after the bumping procedure has taken place under 20.04(b). If employees are unable to bump according to 20.04 (b), they shall be given an additional opportunity to bump into the other bargaining unit in accordance with the merged seniority list and 20.04(b). It is understood and agreed that if a part-time employee bumps a full- time employee as part of the above-noted procedure, the part-time employee is accepting the full-time position only. It is understood and agreed that if a full-time employee bumps a part- time employee as part of the above- noted procedure, the full-time employee is accepting the part- time position only. (b) An employee in receipt of notice of who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) mayeither: (ai) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (dii) displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has is qualified for and can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rateoff. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in the receipt of notice of layoff pursuant to 9.08(A)(a)(ii) Clause 11.01 may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12Clause 11.06; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) and/or the Ontario Municipal Employees Retirement System (OMERS) as outlined in Article 9.08(B)Clause 11.03; or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)Clause 11.01. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause Clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's ’s straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full full-time employee whose hours of work are, subject to Article 14.01Clause 20.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (hf) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (ig) In the event of a layoff of an employee, the Hospital Employer shall pay its share of insured benefits premiums for the duration of the five-five (5) month notice period provided for in Article 9.08(A)(a)Clause 11.01. (jh) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary or unfair manner. (i) The Hospital Employer agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (lj) An employee recalled to work in a different classification location from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (mk) No new employees employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (nl) The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for to work. The employee is solely responsible for his or her proper address being on record with the HospitalEmployer. (m) Laid off employees who are on the recall list shall be called first before the standard call in procedure is utilized by seniority, for a period of forty-eight (48) months as per Clause

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii11.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a11.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (ec) In the event that there are no employees with lesser seniority in the same or a lower or identical-identical- paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (fd) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (ge) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.0116.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (hf) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (ig) In the event of a layoff of an employee, the Hospital Employer shall pay its share of insured benefits premiums for the duration of the five-three month notice period provided for in Article 9.08(A)(a11.08(A)(a). (jh) The Hospital Employer agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (ki) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Employer shall not act in an arbitrary or unfair manner. (lj) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (mk) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (nl) The Hospital Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalEmployer.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario St. Joseph’s Health Centre Pension Plan (HOOPP) as outlined in Article 9.08(B9.08 (b); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Health Centre of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-long- term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Health Centre shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the HospitalHealth Centre.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii9.08(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a9.08 A (a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a9.08 A (a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. (a) In the event of layoff, the Employer shall lay off employees in the reverse order of their seniority and status, in accordance with Article 11.02 - Order of Lay-offs, provided that there remain on the job employees who then have the ability to perform the work. (b) An employee in receipt of notice of who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) mayeither: (ai) accept the layoff; , or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (dii) displace another an employee who has lesser bargaining bargaining-unit seniority and who is the least senior employee in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be laid off. (iii) The decision of the employee to choose (i) or (ii) above shall be given in writing to the designated Employer representative within ten (10) working days (excluding Saturday, Sunday and Holiday(s) following the notification of lay-off. Employees failing to do so will be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identicalaccepted lay-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rateoff. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (gc) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has they have the ability to perform the workwork before such opening is filled on a regular basis under a job posting procedure in the collective agreement shall not apply until the recall process has been completed. (kd) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Employer shall not act in an arbitrary or unfair manner. (le) An employee recalled to work in a different paramedic classification from which he or she was they were laid off shall have the privilege of returning to the position they held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.six

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii9.08(A) (a) (ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a9.08(A) (a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a9.08(A) (a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. 14.01 A lay-off shall be defined as a permanent reduction in the workforce or a permanent reduction in the regular hours of work of an employee. The Employer shall notify employees who are to be permanently laid off in accordance with the provisions of the Employment Standards Act and the Union with no less than four (4) weeks written notice. 14.02 In the event of layoff, the Home shall lay off employees in the reverse order of their seniority, within their classification, providing that there remain on the job employees who have the ability and qualification to perform the work. 14.03 An employee in receipt of notice of who is subject to layoff pursuant shall have the right to 9.08(A)(a)(ii) mayeither: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; orretire; (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the jobjob and is qualified without training, other than orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)14. 01. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital Employer of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (dc) above. . It is understood that, at time of layoff, up to date seniority lists (h) No both full-time employee within the bargaining unit shall and part time) will be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employeeprovided. However, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall will be deemed to be received on the second day following the date merged for purposes of mailing). The notification shall state the job to which the displacing another employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record in accordance with the Hospital14.04.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee L19.01 Definition: A layoff shall be defined as a reduction in receipt the work force either in hours worked or in the number of notice of layoff pursuant Employees in an occupational classification. L19.02 The Parties agree that it is the Board's exclusive right to 9.08(A)(a)(ii) maydetermine and modify from time to time, as may be necessary, staff complement and to implement layoffs and to hire new Employees subject only to the following conditions: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff proposed layoff, prior to notification of an employeethe Employee(s) to be laid off, the Hospital Board will: i. provide the Federation with no less than 90 calendar days notice of such lay-off and ii. meet with the Federation through the Employee/Employer Committee to review: 1. the reason causing the lay-off 2. the service the Board will undertake after the lay-off and 3. the method of implementation, including the areas of cutback and Employees to be laid off b) Employees shall pay its share not have their duties modified or their hours of insured benefits premiums for work reduced owing to the duration use of volunteers, peer tutors, co-op students or participants in the five-month notice period provided for in Article 9.08(A)(a)Ontario Works program. (jc) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate Employees shall be laid off in the posting procedure. Should reverse order of their seniority, in that occupational classification, provided that the position not be filled via Employees retained to perform the job posting procedure, an employee work available shall have opportunity of recall from a layoff the qualifications to an do the work available opening, and who are willing to perform the work required. The least senior Member in order of seniority, the occupational category may bump the least senior Member in the Bargaining Unit provided he or she that the affected Employee has the ability to perform do the workjob of the least senior Member. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (md) No new employees shall Employee will be hired until all those laid off persons who are on layoff in the relevant occupational classification have been given an opportunity for recall to return all positions at a level similar to work and have failed the one the Member held prior to the layoff, provided that such person has the qualifications to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablein question. (ne) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address Employees who are on record with the Hospital (which notification layoff shall be deemed given preference for substitute or temporary assignments in their classification. f) Employees who are declared surplus will be notified in writing ninety (90) days prior to be received on the second day following the date of mailingthe proposed layoff. g) In the event that a High Needs funded student leaves the school register, the Union accepts a lesser period of notification than that outlined in 19.02(f). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full full-time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: may (a) accept the layoff; or (b) or opt to receive a separation allowance as outlined in Article 9.123; or (c) or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B)18.04; or (d) or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. Note: For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1% %) of the laid off employee's straight time hourly wage rate. (e) . In the event that there are no employees with lesser seniority in the same same, or a lower or identical-identical paying classification, as defined in this article, a laid-laid off employee shall have the right to displace another employee with lesser seniority who is the least senior employee in a higher-paying the classification provided they are able and where the straight time hourly rate at the level of service corresponding to meet the normal requirements that of the job, with orientation but without additional training. employee is within seven percent (f7%) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-laid off employee's straight time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-long term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in before such is filled a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.a

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-higher- paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-similar- paying classification with lesser seniority, prior to being required to displace a part-part- time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-long- term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept Accept the layoff; or (b) opt Opt to receive a separation allowance as outlined in Article 9.12; or (c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Layoff and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may: (a) accept the layoff; or (b) opt to receive a separation allowance as outlined in Article 9.12; or (c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or (d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-identical paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate. (e) In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, as defined in this article, a laid-laid off employee shall have the right to displace another employee with lesser seniority in a higher-higher paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training. (f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-higher paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-similar paying classification with lesser seniority, prior to being required to displace a part-time employee. (g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above. (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!