Common use of Layoff Canvass Clause in Contracts

Layoff Canvass. Prior to the layoff of regular employee(s) under Clause 13.4 or 13.5, the Employer may at its option, within a seniority block, canvass any employee or group of employees within Community Living BC to invite: (a) voluntary placement into a vacant regular position within CLBC; (b) resignation with xxxxxxxxx as provided for in Clause 13.4/13.5; or (c) where eligible, early retirement. Workforce Adjustment (Phase 1)‌ (a) The parties recognize that workforce adjustment will be necessary due to the elimination of positions resulting from a reduction in the amount of work required to be done by the Employer, reorganization, program termination or closure which impacts a number of employees. (b) The timeframe for Clause 13.2 - Workforce Adjustment (Phase 1) placement activities is 90 days, or a lesser time frame for smaller adjustments, from the date the employee receives written notice of redundancy as mutually agreed to by the Joint Committee. Such notice will only be issued after consultation with or advice to the Joint Committee. (c) The Employer will consult with the Union through the Joint Committee established pursuant to Article 29 - Joint Union/Management Committee respecting workforce adjustment which results in redundancy as required pursuant to (a) above. Workforce adjustment activities will be guided by the following principles and procedures: Both parties recognize the need for the co-operation of all participants to facilitate the placement of regular employees. The Employer must first minimize the impact on their regular employees through the appropriate: (i) layoff of limited term employees; (ii) cancellation of contracts for employment agency personnel; (iii) cancellation of personal service contracts where a surplus regular employee qualified to do the work can be placed; (iv) where necessary, layoff of auxiliary employees; The placement process applies to junior regular employees or, where appropriate, other regular employees in the same classification and seniority block for placement into vacant positions for which they are qualified. Surplus employees will be placed through lateral transfers in their same geographic locations where such vacancies are available. Surplus employees not able to be placed through lateral transfers will be offered available comparable vacancies in their same geographic location. Where comparable placement offers are turned down by a surplus employee, they may be immediately referred to Clause 13.3 - Joint Labour Management Committee (Phase 2). Acceptance of offers made to employees pursuant to this clause is voluntary. Where an employee accepts an offer, once confirmed in writing such acceptance is final and binding upon the employee, subject to the agreement of the Employer. Joint Labour Management Committee (Phase 2)‌ (a) The parties will form a Joint Labour Management Committee whose purpose will be to minimize the impact on individual employees affected by redundancy. (b) The purpose of the Joint Committee will be: to facilitate and coordinate the placement of surplus regular employees into existing vacancies for which they are qualified within their own or other headquarters or geographic location; to guide the placement activities pursuant to Article 29 - Joint Union/Management Committee; to maximize placement opportunities and minimize job loss of affected employees by gathering relevant information, including lists of surplus staff and vacancies; and to recommend job orientation or appropriate training. (c) The Joint Committee will be comprised of three representatives of the Employer and three representatives of the Union. The Employer agrees that union representatives who require leave from work will not suffer any loss of basic pay for time spent on the work of the Joint Committee. (d) The parties agree that in order to maximize the placement of surplus employees into vacant positions, training may be required over and above that provided for in the agreement. (e) The parties agree that the Committee is a proper vehicle to identify employee skills, training options, and training sources. Where the Committee determines it is advisable to provide training to assist in such placement, it shall be offered. Any training provided pursuant to this clause will be on a cost-effective basis for the purpose of continuing a surplus employee's service with the Employer. (f) The Joint Committee will be guided by the following principles: Once a regular employee is referred to the Joint Committee for placement, the Joint Committee will have three weeks to effect a placement under this process. If no placement by the Joint Committee is possible within this time frame, then the Employer may issue layoff notice and the procedures of Clause 13.4 - Less Than Three Years' Service Seniority or 13.5 -Layoff Three or More Years of Service Seniority, as applicable, will be utilized. This time frame may be extended by mutual agreement. Where layoff notice is issued, the three-week period may run concurrent with the notice period of 13.4(b) or 13.5(b), as applicable. The Joint Committee shall review all referrals and: (i) may recommend on the advisability and scope of a pre-layoff canvass; (ii) may recommend staffing actions such as restricted competitions, under implementation, temporary assignments or secondments; (iii) may recommend to the Principals on the advisability of an Early Retirement Incentive Plan; (iv) identify employee skills, training options and training sources for surplus employees. This placement process applies to junior regular employees or where appropriate other regular employees in the classification in the seniority block for placement into vacant positions for which they are qualified. Less Than Three Years' Service Seniority‌ In the event of a layoff, the following shall apply to regular employees with less than three years' service: