LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff. 10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file. 10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications in which the layoffs are to occur, the required skills reasonably necessary to be maintained and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement. 10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary or acting hours of work prior to affecting any full-time employees. 10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified. 10.06 In the event that a layoff is required, the employee with the least seniority within the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03. 10.07 An employee to be laid off shall be allowed to displace any employee with less service seniority, as per Article 3, within their department, in another classification, provided that the senior employee is qualified to fill the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another employee shall make his/her election within forty-eight (48) hours of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining. 10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to work within seven (7) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. (1) The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer Authority will meet with Local 2 at least sixty (60) days before the effective date of a reduction-in-force or reorganization impacting Local 2 positions to provide details regarding the RIF or reorganization.
(2) If the Authority determines to reduce the workforce covered by this Agreement, the procedures written below shall be used. Notices of any layoffs shall be given to the Union to discuss and make every reasonable effort to lessen disruption at least sixty (60) days in advance of the date proposed for layoff. Each RIF-designated employee, including displaced employees, will receive at least five (5) days’ notice prior to the employeeseffective date of the RIF.
(3) Upon issuance of notice of an impending layoff, all job vacancies or new jobs occurring at positions covered by this agreement, shall be reviewed for impact on the reduction in force or opportunity for displacement prior to being posted in accordance with Article VII. In cases of layoff, the least senior employee in an affected classification shall be designated for layoff, except the parties recognize that in the case of reimbursable projects or in some classifications and some work assignments within a classification, because of the specific training and experience required, layoff on the basis of strict seniority may not be feasible. The Employer will identify classifications Authority shall have the burden of establishing the applicability of the exception, but in which such cases the layoffs are person designated for layoff shall be determined by
(a) seniority and (b) ability to occur, perform the required skills reasonably necessary to be maintained and the number of positions to be eliminatedwork. The Employer will then meet with each affected employee with a readily available Union RepresentativeWhere factor (b), as defined determined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions judgment of the Collective Agreementemployer by legitimate job related factors, is approximately equal among candidates, seniority shall govern. It is the intent of the parties that the maximum protection of seniority rights shall be afforded in all layoff matters wherever feasible.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the (4) Any employee so laid off may displace another employee with the least seniority within in the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace same or lower labor grade in any employee with less service seniority, as per Article 3, within their department, in another bargaining unit classification, provided that the senior bumping employee is qualified has the qualifications to fill satisfactorily perform the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employeejob competently and efficiently and has greater seniority. An employee who elects to is displaced as a result of such procedure may displace another employee through the same procedure. The seniority of part-time employees for displacement purposes shall make his/her election within fortybe prorated based on their total hours in pay status, compared to full-eight time hours for their position (48TA or TS).
(5) hours of receipt of layoff notice, and if Temporary employees shall have the same displacement rights as regular employees. A regular employee has not elected affected by a reduction in force will be permitted to displace within a temporary employee. If a regular employee displaces a temporary employee, the regular employee will retain regular employee status.
(6) In the process of bumping during layoff, the Authority and the Union agree where possible to minimize the number of moves so as not to impede the operation of the Authority. The parties agree that time, he/she will be deemed to have accepted the employees shall not delay in selecting among positions for displacement in lieu of layoff. Employees exercising displacement rights shall have five (5) working days within which to select from the available position(s); employees failing to select an available position within five (5) working days, shall be given assigned to the position. Employees declining the assigned position(s), shall move to the end of the seniority selection order.
(7) Any employee so affected who transfers into a fair trial periodlower pay grade will be paid according to the provisions of Article VII, of four hundred eighty (480) hoursSection 4, provided that for an employee receiving a longevity increase, the longevity increase will be included in determining the employee’s current pay rate and the employee’s new pay rate may include the longevity increase for the new classificationgrade.
(8) The Authority shall maintain a “recall list” of employees who have been laid off. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be Employees laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to remain on this list for two (2) years. This section does not apply to temporary employees with less than ten (10) years of service. Temporary employees with ten (10) or more years of service shall be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee carried on the “recall list will be contacted. The method list,” and the provisions of contact will be by double registered mail. An employee being recalled must return to work within seven Article VIII, sections (79), (10), (11), (12) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.and
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications in which the layoffs are to occur, the required skills reasonably necessary to be maintained maintained, and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary temporary, or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the employee with the least seniority within the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace any employee with less service seniority, as per Article 3, within their department, in another classification, provided that the senior employee is qualified to fill the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another employee shall make his/her election within forty-eight (48) hours of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred and eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to work within seven (7) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, month in which the layoff occurred, . Such benefits shall be provided at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to pay in accordance with the employee’s address on fileEmployment Standards Code.
10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications departments in which the layoffs are to occur, the required skills reasonably necessary to be maintained maintained, and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-forty- eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the employee with the least seniority within the classification department shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace any employee with less service seniority, as per Article 3, within their department, in another classification, provided that the senior employee is qualified to fill the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another employee shall make his/her election within forty-eight (48) hours of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 10.05 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification department seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to work within seven (7) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.seven
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications in which the layoffs are to occur, the required skills reasonably necessary to be maintained maintained, and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary temporary, or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the employee with the least seniority within the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace any employee with less service seniority, as per Article 3, within their department, in another classification, provided that the senior employee is qualified to fill the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another employee shall make his/her their election within forty-eight (48) hours of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she they will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred and eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to work within seven (7) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications in which the layoffs are to occur, the required skills reasonably necessary to be maintained maintained, and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary temporary, or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the employee with the least seniority within the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace any employee with less service seniority, as per Article 3, within their department, in another classification, provided that the senior employee is qualified to fill the position of the displaced employee. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another employee shall make his/her their election within forty-eight (48) hours of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she they will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to work within seven (7) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.The
Appears in 1 contract
Samples: Collective Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. (1) The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer Authority will meet with Local 2 at least sixty (60) days before the effective date of a reduction-in-force or reorganization impacting Local 2 positions to provide details regarding the RIF or reorganization.
(2) If the Authority determines to reduce the workforce covered by this Agreement, the procedures written below shall be used. Notices of any layoffs shall be given to the Union to discuss and make every reasonable effort to lessen disruption at least sixty (60) days in advance of the date proposed for layoff. Each RIF-designated employee, including displaced employees, will receive at least five (5) days’ notice prior to the employeeseffective date of the RIF.
(3) Upon issuance of notice of an impending layoff, all job vacancies or new jobs occurring at positions covered by this agreement, shall be reviewed for impact on the reduction in force or opportunity for displacement prior to being posted in accordance with Article VII. In cases of layoff, the least senior employee in an affected classification shall be designated for layoff, except the parties recognize that in the case of reimbursable projects or in some classifications and some work assignments within a classification, because of the specific training and experience required, layoff on the basis of strict seniority may not be feasible. The Employer will identify classifications Authority shall have the burden of establishing the applicability of the exception, but in which such cases the layoffs are person designated for layoff shall be determined by
(a) seniority and (b) ability to occur, perform the required skills reasonably necessary to be maintained and the number of positions to be eliminatedwork. The Employer will then meet with each affected employee with a readily available Union RepresentativeWhere factor (b), as defined determined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions judgment of the Collective Agreementemployer by legitimate job related factors, is approximately equal among candidates, seniority shall govern. It is the intent of the parties that the maximum protection of seniority rights shall be afforded in all layoff matters wherever feasible.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the (4) Any employee so laid off may displace another employee with the least seniority within in the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off shall be allowed to displace same or lower labor grade in any employee with less service seniority, as per Article 3, within their department, in another bargaining unit classification, provided that the senior bumping employee has the qualifications to satisfactorily perform the job competently and efficiently and has greater seniority. An employee who is qualified displaced as a result of such procedure may displace another employee through the same procedure.
(5) Temporary employees shall have the same displacement rights as regular employees. A regular employee affected by a reduction in force will be permitted to fill displace a temporary employee. If a regular employee displaces a temporary employee, the position of the displaced employeeregular employee will retain regular employee status. Part-time employees may displace only other part-time employees under section 4, above. A part-time employee displacing into a lower classification will may not be able to displace a full-time employee. An A full-time employee who elects affected by a reduction in force will be permitted to displace another a part-time employee. If a full- time employee displaces a part-time employee, the full-time employee will assume part-time employee status.
(6) In the process of bumping during layoff, the Authority and the Union agree where possible to minimize the number of moves so as not to impede the operation of the Authority. The parties agree that employees shall make his/her election within forty-eight (48) hours not delay in selecting among positions for displacement in lieu of receipt of layoff notice, and if the employee has not elected to displace within that time, he/she will be deemed to have accepted the layoff. Employees exercising displacement rights shall have five (5) working days within which to select from the available position(s); employees failing to select an available position within five (5) working days, shall be given assigned to the position. Employees declining the assigned position(s), shall move to the end of the seniority selection order.
(7) Any employee so affected who transfers into a fair trial periodlower pay grade will be paid according to the provisions of Article VII, of four hundred eighty (480) hoursSection 4, provided that for an employee receiving a longevity increase, the longevity increase will be included in determining the employee’s current pay rate and the employee’s new pay rate may include the longevity increase for the new classificationgrade.
(8) The Authority shall maintain a “recall list” of employees who have been laid off. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be Employees laid off if there is no position within the department to which they can bump. An employee on disability, WCB, leaves of absence of any nature (including jury duty and bereavement), or vacation, who is identified for layoff, will be considered laid off immediately, however, the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into the classification and will have their classification seniority adjusted to reflect the time spent in the classification they are joining.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to remain on this list for two (2) years. This section does not apply to temporary employees with less than ten (10) years of service. Temporary employees with ten (10) or more years of service shall be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee carried on the “recall list will be contacted. The method list,” and the provisions of contact will be by double registered mail. An employee being recalled must return to work within seven Article VIII, sections (79), (10), (11), (12) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.and
Appears in 1 contract
Samples: Collective Bargaining Agreement
LAYOFFS AND RECALL. 10.01 In the event of a temporary layoff, as per Article 2.09, the Employer 36:01 Distribution Centre and office employees will advise the employees of necessity of layoffs. This does not include instances where the charity’s license has been suspended or cancelled. The eligible employee will be entitled for all benefits until the end of the month, in which the layoff occurred, at no cost to the employee from the date of layoff.
10.02 In the event of a permanent layoff, as per Article 2.10, the Employer will provide termination pay, as per Article 27.05 and an XXX will be mailed to the employee’s address on file.
10.03 When the Employer identifies that a layoff is required, the Employer will meet with the Union to discuss and make every reasonable effort to lessen disruption to the employees. The Employer will identify classifications in which the layoffs are to occur, the required skills reasonably necessary to be maintained and the number of positions to be eliminated. The Employer will then meet with each affected employee with a readily available Union Representative, as defined in Article 8, and present the options available to the employee. The employee will be required to elect their option within forty-eight (48) hours. The Union recognizes the Employer’s responsibility to maintain the best possible workforce to ensure the efficient and productive operation of its business, subject to the provisions of the Collective Agreement.
10.04 Prior to eliminating any full-time positions, the Employer shall adjust or eliminate part-time, temporary or acting hours of work prior to affecting any full-time employees.
10.05 The Employer agrees to make every reasonable effort, including offering part-time hours to full-time employees, where possible, to maintain any affected employees within the bargaining unit and give preference to any employees affected by layoff for any vacancy for which they are qualified.
10.06 In the event that a layoff is required, the employee with the least seniority within the classification shall be the first displaced from the classification, having consideration for the skills required as per Article 10.03.
10.07 An employee to be laid off in the order of seniority, within classifications, after priority is given to the employees who normally do or are capable of doing the work, starting with the most junior employee and proceeding in an ascending order of seniority to the most senior employee.
36:02 Employees laid off in accordance with Article 36:01 shall be allowed recalled by order of seniority to displace any available positions provided they are qualified to do the work.
(a) Subject to Article 36:01, employees shall have bumping rights in accordance with their seniority.
(b) An employee with greater seniority will have an opportunity to bump an employee with less service seniority, as per Article 3, within their department, in another classification, seniority provided that the senior employee is qualified and has the ability to fill do the job.
(i) To be considered qualified the employee must meet the minimum requirements for the position as set out in the class specifications.
(ii) Ability to do the work means ability to perform the requirements of the displaced employeejob following an appropriate familiarization period.
36:04 For the purpose of this section, Distribution Centre employees are defined as those employees classified into the following positions:
36:05 For the purpose of the section, office employees are defined as those employees classified into the following positions:
36:06 Employees shall receive ten (10) days’ notice of any layoff or pay in lieu thereof. A part-time employee displacing into a lower classification will not be able to displace a full-time employee. An employee who elects to displace another Each employee shall make his/her election within forty-eight (48) hours be advised of receipt of the reason for the layoff notice, and if the employee has not elected to displace within that time, he/she will be deemed to have accepted the layoff. Employees exercising displacement rights shall be given a fair trial period, of four hundred eighty (480) hours, in the new classification. If the employee fails to complete the trial period, or elects to not complete the trial period, they will be laid off if there is no position within the department to which they can bump. its expected duration.
36:07 An employee on disabilitycontinuous layoff for a period of twelve (12) months shall, WCBat the end of that period, leaves be considered terminated and their name shall be removed from the layoff list.
36:08 The Employer and the Union recognize that it is the exclusive right of absence the Employer to increase or decrease its working force. The Employer shall have the sole right to determine the positions that shall no longer be filled. The Employer undertakes not to make use of any nature (including jury duty and bereavement)the layoff procedure to eliminate employees whom they find undesirable.
36:09 The Employer, or vacation, who is identified for layoffwhere practicable, will consult with the Union when significant permanent or indefinite (long-term) layoffs are anticipated to be necessary
(a) New employees shall not be hired where there are employees on layoff able and qualified to do the work available.
(b) To be considered laid off immediatelyqualified, however, an applicant must meet the layoff will not be affected until such time that they return to work. Employees electing to displace an employee in another classification will be dovetailed into minimum requirements for the classification and will have their classification seniority adjusted to reflect the time spent position as set out in the classification they are joiningclass specifications.
10.08 If the number of full-time positions in the department affected by layoff is to be increased, employees shall be entitled to be recalled to their previous positions. Employees will be recalled to their previous position by order of their classification seniority, including any employees who elected to take a part-time position to avoid a layoff. Upon refusal, the next most senior employee on the recall list will be contacted. The method of contact will be by double registered mail. An employee being recalled must return to work within seven (7) days of receipt of the double registered mail, except in the cases of illness/injury (evidence of illness or injury will be required) or vacation (as long as the employee has notified the Employer of the absence). Employees with medical evidence will be given the seven (7) days notice period upon clearance for return to work. Employees on vacation will be given the seven (7) days notice period upon the previously provided date of return from vacation. If the employee refuses the recall they will no longer have recall rights. The mandatory recall period will be effective for six (6) months following the layoff.
Appears in 1 contract
Samples: Collective Agreement
