Common use of Layoffs Clause in Contracts

Layoffs. When the layoff of employees is anticipated, the Authority shall determine the positions to be eliminated and/or the number of employees to be laid off. It is the intention of the Authority to give the Union as much advance notice of layoffs as is practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to the Union on a monthly basis or upon request. 8.4.1 If it becomes necessary for the Authority to lay off employees, the Authority shall provide to the employee(s) affected: i) at least four (4) weeks’ notice in writing in advance of the proposed layoff; or ii) pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following process: 1. an employee to be laid off will be given first opportunity, consistent with his or her qualifications, to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidate. (b) In the event of lay off, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise be laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority to displace the most junior employee in a classification in the same or lesser salary group. The employee shall notify the Authority in writing of their intention to displace another employee as early as possible but, in any event, no later than ten

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Layoffs. ‌ 1. When the Cuyahoga DD determines a layoff of employees is anticipatednecessary, the Authority Cuyahoga DD shall determine notify the positions to be eliminated and/or Union and inform them of the classification(s) and number of employees to be laid offaffected. 2. It is The Cuyahoga DD shall schedule a meeting with the intention Union to explain the reason for such action. The Union’s comments and ideas given to avoid the layoff shall be considered before the Cuyahoga DD makes a final decision. This meeting shall take place within ten (10) working days of the Authority Union’s receipt of notification. If after the meeting the Cuyahoga XX xxxxx the action is still necessary, the following procedure shall be followed. The Cuyahoga DD shall notify all affected employees of the impending layoff at least twenty (20) calendar days prior to give the Union as much advance notice effective date. Any employee, not a member of the bargaining unit, who has a temporary appointment in a bargaining unit position shall be terminated prior to any layoff in the bargaining unit. In the event any layoff is implemented within the bargaining unit, the order of layoffs as is practicable shall be: A. There shall be an opportunity for any employee in order that discussions may be held the bargaining unit to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists volunteer for all regularly employed full time employees to the Union on a monthly basis or upon requestlayoff. 8.4.1 If it becomes necessary for B. Employees within the Authority to lay off employees, the Authority shall provide to the employee(s) affected: i) at least four (4) weeks’ notice in writing in advance of the proposed layoff; or ii) pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu bargaining unit shall be such length of time laid off as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following processfollows: 1. an employee to Employees with temporary appointments in the affected position(s) will be laid off will be given first opportunity, consistent with his or her qualifications, to fill any existing vacancies within the bargaining unit;in inverse order of seniority. 2. an employee to Employees on probation in the affected position(s) will be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion inverse order of the Authority, he or she is qualified;seniority. 3. if there is more than one qualified candidate for a vacancy, Employees working part-time in the Authority affected position(s) will choose the most senior candidatebe laid off in inverse order of seniority. 4. Employees working full-time in the affected position(s) will be laid off in inverse order of seniority. C. No bumping between classifications (bi.e. Forensic Liaison, Investigative Agent and Support Administrator) In will be permitted except current Forensic Liaisons, who have support administration or case management experience will be permitted to “bump” into the event support administrator classification. There shall be no individual hours reduction of lay off, failing placement in a vacancy as described above, regular employees without the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off Union and the Cuyahoga DD. If operational necessity requires an overall reduction in the inverse order of Authority seniority within hours worked by bargaining unit employees such reduction shall be accomplished by layoff unless the parties agree to do otherwise. 3. As vacancies occur in a position where a layoff occurred, and the Cuyahoga DD desires to fill the same, the following procedure shall be followed. The most senior laid-off employee in the classification involvedshall be recalled first. Employees shall have recall rights for two (2) years. (c) Where 4. Notification of layoffs or recall layoff shall be by certified mail to the employees last known address. 5. If an employee would otherwise who is recalled fails to notify the Cuyahoga DD of his/her intent to report to work within ten (10) calendar days of the receipt of notice, or fails to return to work within twenty (20) calendar days of the receipt of the notice such employee shall forfeit recall rights. 6. All approved vacations will be honored in new position assignments. 7. While on layoff, the laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority elect to displace the most junior employee in a classification remain in the Cuyahoga DD’s health insurance program. 8. Employees who are on the recall list may serve as temporary appointments without jeopardizing their rights to further recall. 9. An employee who is recalled to his/her former pay rate shall be paid at his/her former rate of pay plus any additional increase provided during the layoff period to employees in the job title to which s/he is being recalled. 10. Employees who are laid off during their probationary period may be recalled on the same basis as permanent employees if all permanent status employees have been contacted for recall or lesser salary group. The employee shall notify if no permanent status employees remaining on the Authority recall list possess the 16 necessary qualifications and ability to perform the work required in writing of their intention the job title available satisfactorily and efficiently, with an orientation to displace another employee as early as possible but, in any event, no later than tenthe position and normal supervision.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. When the layoff of employees is anticipated, the Authority shall determine the positions to be eliminated and/or the number of employees to be laid off. It is the intention of the Authority to give the Union as much advance notice of layoffs as is practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to the Union on a monthly basis or upon request. 8.4.1 If it becomes necessary for the Authority to lay off employees, the Authority shall provide to the employee(s) affected: i) at least four (4) weeks’ weeks notice in writing in advance of the proposed layoff; or ii) pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following process: 1. an employee to be laid off will be given first opportunity, consistent with his or her qualifications, to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidate. (b) In the event of lay off, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise be laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority to displace the most junior employee in a classification in the same or lesser salary group. The . (d) It is recognized that should an employee exercise their rights under 8.4.2 (c), the employee may require a short period of re- familiarization in the new classification. 8.4.3 An employee who has reverted to a lower salary group as a result of bumping, and whose salary is higher than the maximum of this group, shall notify continue to receive the Authority higher salary which shall be frozen (red-circled) until such time as the salary in writing of their intention to displace another the lower rated job classification reaches the employee’s salary, and then such employee as early as possible but, will proceed on the scale in any event, no later than tenaccordance with Article 19

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoffs. When the layoff of 5.1 Bargaining unit employees is anticipated, the Authority shall determine the positions to be eliminated and/or the number of employees to be laid off. It is the intention of the Authority to give the Union as much advance notice of layoffs as is practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to the Union on a monthly basis or upon request. 8.4.1 If it becomes necessary for the Authority to lay off employees, the Authority shall provide to the employee(s) affected: i) at least four (4) weeks’ notice in writing in advance of the proposed layoff; or ii) pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following process: 1. an employee to be laid off will be given first opportunitydue to adverse financial circumstances; reallocation of resources; reorganization of administrative structures, consistent with his programs, or her qualifications, to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion functions; curtailment or abolishment of the Authority, he one or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidateprograms or essential function; or shortage of work. (b) 5.2 In the event of lay offlayoff, failing placement temporary employees (formerly referred to as OPS employees) within the same classification as the affected bargaining unit employees shall be laid off first, followed by bargaining unit employees on probation, in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement inverse order of the parties, lay seniority. Remaining bargaining unit employees will be laid off in the inverse order of Authority seniority seniority. 5.3 Seniority” will be defined as continuous service within the classification involvedjob code in which the layoff will occur. Temporary service (e.g., as an FIU OPS employee) held by a bargaining unit employee shall not be counted toward seniority. (c) Where an 5.4 If more than one bargaining unit employee would otherwise has the same seniority, the following factors shall be considered to determine which bargaining unit employee will be laid off from employment first: (a) Training, relevant experience and has recognized occupational qualifications in another classification, position (including certifications and academic degrees) (b) The nurse’s overall performance/disciplinary record during the employee may apply his or her Authority seniority to displace the most junior employee in a classification in past 24 months. 5.5 The University shall notify FNA on the same or lesser salary group. day following the notification to the bargaining unit employee(s). 5.6 The bargaining unit employee shall notify be given a notice period of four(4) weeks after one year of employment, plus two (2) weeks for every year thereafter, up to a maximum of twelve (12) as wages in lieu of notice. 5.7 As determined by FIU, layoffs may be confined to a department(s) or any other organizational subdivision of FIU. 5.8 The laid-off bargaining unit employee shall have recall right to the Authority in writing of their intention positions that the bargaining unit employee held prior to displace another being laid off within the bargaining unit if the position is available and if that employee as early as possible but, in any eventqualifies for that position. Recall rights are limited to one (1) year following the layoff. During this period, no later than tennew bargaining unit employee will be hired by the layoff unit for the position that the affected bargaining unit employee has previously held until the laid-off bargaining unit employee has been offered and rejected the recall. Should the bargaining unit employee that was laid-off reject the recall position, that person shall not be eligible for any future recall positions and shall have waived his/her recall right thereafter. 5.9 Any bargaining unit employee offered recall at his/her last known address must contact FIU and agree to return to work within twenty-one (21) calendar days or forfeit all recall rights.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. When ‌ 19.1 The Employer will inform the layoff of employees is anticipatedUnion with respect to any planned layoff. For certainty, the Authority shall determine end of a Season is not a layoff. In the positions event of layoff within a department, Employees will be laid off in inverse order of length of service provided that the Employee with the greater length of service has the qualifications and sufficient ability to be eliminated and/or perform the number of employees available work satisfactorily. 19.2 Employees about to be laid off. It is off from one job who have the intention qualifications and the ability to perform the requirements of the Authority work available in another job may apply their length of service and revert to give such other job. Employees exercising this right must advise the Union as much advance notice Employer in writing within five (5) days of layoffs as being advised of layoff. No junior (Length of service) Employee is practicable in order that discussions may to be held displaced by a more senior (length of service) Employee unless the senior Employee has the qualifications and sufficient ability to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to perform the Union on a monthly basis or upon requestjob filled by the junior Employee. 8.4.1 If it becomes necessary for 19.3 In the Authority to lay off employeesevent of layoffs, Full-time Regular Employees and Full-time Seasonal (meaning layoff before end of Season) will receive three (3) weeks’ notice or three (3) weeks’ wages in lieu of notice. In the Authority shall provide to event of layoffs, meaning a layoff before the employee(send of Season), Part-time Seasonal Employees will receive three (3) affected: iweeks’ notice or three (3) at least weeks’ wages, based on the average of wages paid over previous four (4) weeks’ notice weeks worked, in writing in advance lieu of notice. 19.4 When an Employee is laid off, the Employer will continue to pay its portion of the proposed layoff; orgroup health and welfare payments payable under section 46.1 with respect to that Employee until the end of the month following the month in which the Employee is laid off, with such payment based on the average of the Employer’s payments made over the previous three (3) months. ii) 19.5 The Employer agrees that it will not schedule overtime in order to affect or extend layoffs. 19.6 An Employee who voluntarily reverts to a lower job classification shall receive the rate of pay of that new job classification. 19.7 If the show or project, for which a Temporary/Casual Employee is hired, is completed or stopped before the originally specified date, then notice or pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time given as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt follows: Up to place a displaced employee through the following process: one week 1. an employee -day notice 1 to be laid off will be given first opportunity, consistent with his or her qualifications, 2 weeks 3 days’ notice 2 to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidate. (b) In the event of lay off, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise be laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority to displace the most junior employee in a classification in the same or lesser salary group. The employee shall notify the Authority in writing of their intention to displace another employee as early as possible but, in any event, no later than ten3 weeks 5 days’ notice

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Layoffs. When Whenever the Employer decides it is necessary to reduce staff, employees will be laid off in the reverse order of seniority by classification, provided that those remaining are qualified to perform the work required. For clarification, the Employer will consider skill and ability and sales performance, if applicable. Sales performance over the previous 36 months, or for the duration of their employment if less than 36 months, will be considered when reviewing qualifications. (A) Except in cases where more than three (3) weeks' notice is required by the Employment Standards Act, there shall be three (3) weeks' notice to the affected employees of any layoffs. The Employer will provide the Union with three (3) weeks' notice of the layoff and the names of the employees is anticipatedaffected. During this three-week period, the Authority Employer shall determine consider alternatives proposed by the positions union to be eliminated and/or the number layoff. (B) An employee in a classification so affected may elect, within the notice period, to bump those with the least seniority in another classification in which they have had prior permanent work experience and are competent to perform the work. This is provided their seniority is greater than that of the employee whom they choose to bump. (C) Prior to issuing layoff notices, the company will post a notice at the location where the layoff is to take effect advising advertising employees of the need to be reduce staff and the Employer’s intent to accept applications for voluntary resignations with severance pay as provided by the collective agreement for employees who have been laid off. It is Interested employees in the intention advertising department will be required to apply within 14 calendar days. Acceptance of the Authority to give voluntary resignation will be at management’s discretion. In the Union as much advance notice event the Employer does not receive the required number of layoffs as is practicable voluntary resignations, employees will be laid off in reverse order that discussions may be held to provide an orderly and equitable layoff procedure. The Authority agrees to provide of seniority lists for all regularly employed full time employees to the Union on a monthly basis or upon request. 8.4.1 If it becomes necessary for the Authority to lay off employees, the Authority shall provide to the employee(s) affected: i) at least four (4) weeks’ notice in writing in advance of the proposed layoff; or ii) pay in lieu of noticeby classification, provided that those employees remaining are qualified to perform the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time as prescribed by legislation if it is longer than four (4) weekswork required. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following process: 1. an employee to be laid off will be given first opportunity, consistent with his or her qualifications, to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidate. (bD) In the event of lay offa layoff, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise temporary employees will be laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his before part-time or her Authority seniority to displace the most junior employee in a classification full-time employees in the same or lesser salary group. The employee shall notify the Authority in writing of their intention to displace another employee as early as possible but, in any event, no later than tenaffected classification.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Layoffs. When ‌ 19.1 The Employer will inform the Union through the Labour-Management Committee with respect to any planned layoff. In the event of layoff within a department, Employees will be laid off in inverse order of employees is anticipated, length of service provided that the Authority shall determine Employee with the positions greater length of service has the qualifications and sufficient ability to be eliminated and/or perform the number of employees available work satisfactorily. 19.2 Employees about to be laid off. It is off from one job who have the intention qualifications and the ability to perform the requirements of the Authority work available in another job may apply their length of service and revert to give such other job. Employees exercising this right must advise the Union as much advance notice Employer in writing within five (5) days of layoffs as being advised of layoff. No junior (length of service) Employee is practicable in order that discussions may to be held displaced by a more senior (length of service) Employee unless the senior Employee has the qualifications and sufficient ability to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to perform the Union on a monthly basis or upon requestjob filled by the junior Employee. 8.4.1 If it becomes necessary for 19.3 In the Authority to lay off employees, the Authority shall provide to the employee(s) affectedevent of layoffs: i(a) at least four A Regular Full-time Employee is entitled to receive three (43) weeks’ notice in writing in advance or three (3) weeks’ wages; and (b) A Part-time Regular Employee is entitled to receive three (3) weeks’ notice or three (3) weeks’ wages. 19.4 When an Employee is laid off, the Employer will continue to pay its portion of the proposed layoffgroup health and welfare payments payable under section 46.1 for that Employee until the end of the month following the month in which the Employee is laid off with such payment based on the average of the Employer’s payments made over the previous three (3) months. 19.5 The Employer agrees that it will not schedule overtime in order to affect or extend layoffs. 19.6 An Employee who voluntarily reverts to a lower job classification shall receive the rate of pay of that new job classification. 19.7 If the show or project for which a Temporary/Casual Employee is hired, is completed or stopped before the originally specified date; or ii) then notice or pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time given as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt follows: Up to place a displaced employee through the following process: one week 1. an employee -day notice 1 to be laid off will be given first opportunity, consistent with his or her qualifications, 2 weeks 3 days’ notice 2 to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidate. (b) In the event of lay off, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise be laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority to displace the most junior employee in a classification in the same or lesser salary group. The employee shall notify the Authority in writing of their intention to displace another employee as early as possible but, in any event, no later than ten3 weeks 5 days’ notice

Appears in 1 contract

Samples: Collective Agreement

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Layoffs. 18.01 When it is determined by the layoff Employer that a reduction in the workforce is necessary which will last more than one (1) week, not less than two (2) weeks notice shall be given to the Union and the employees affected. For layoffs of employees is anticipatedless than one (1) week, notice shall be provided in accordance with the Authority shall determine the positions to be eliminated and/or the number of employees to be laid off. It is the intention of the Authority to Employment Standards Act. 18.02 The Employer will give the Union and employees as much advance notice as practicable of layoffs as is practicable technological change which can reasonably be anticipated to necessitate a staff reduction affecting employees in order that discussions may be held to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to the Union on a monthly basis or upon request. 8.4.1 If it becomes necessary for the Authority to lay off employees, the Authority shall provide to the employee(s) affected: i) at least four (4) weeks’ notice in writing in advance of the proposed layoff; or ii) pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following process: 1. an employee to be laid off will be given first opportunity, consistent with his or her qualifications, to fill any existing vacancies within the bargaining unit;, but in any event the Employer will 218.03 Layoffs of any employee(s) within any classification shall be based upon reverse seniority provided the remaining employees have sufficient skills, qualifications, and ability to perform the work. 18.04 Within the notice period mentioned above, the Employer shall consider requests for voluntary resignations from other employees in the work classification groups involved. an employee If approved, such employees shall be paid severance pay in accordance with the provisions of the collective agreement. 18.05 Prior to requiring a layoff, the affected employee(s) shall be offered the opportunity to be laid off will be given preferential consideration for existing vacancies within the Authority outside the placed into any bargaining unit provided that, in the opinion of the Authority, vacancy for which he or she is qualified; 3. if there is more than one qualified candidate for a vacancyhas the necessary skills, qualifications, and ability to perform the Authority will choose the most senior candidatejob. (b) In the event of lay off, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise be laid off from employment and has recognized occupational qualifications in another classification, the 18.06 An affected employee may apply his or her Authority seniority to displace bump the most junior employee in an equivalent or lower classification provided the position is held by a more junior employee and provided he or she has the proven skill, qualifications, and ability to competently perform the job. Any employee wishing to bump must do so within one (1) week of receiving their notice of layoff if notice is required to be provided in accordance with Article 18.01. 18.07 An employee who bumps into a position in an equivalent or lower classification shall be paid no less than his or her current rate, or the maximum for that classification, whichever is less. 18.08 The person so displaced may exercise a similar right to bump in accordance with Article 18.09 Any employee who is laid off under this Article shall receive no less than the notice provided for in Article 18.01. 18.10 Recall of bumped or laid off employees to available vacancies in their previously held positions shall prevail over Article 8 (Hiring, Promotion & Transfer). Affected employees shall be offered reinstatement to employment in the same classification held prior to layoff on the basis of seniority, in reverse order of their layoff, provided they have the skills, qualifications, and ability to perform the available work, before other help may be employed. Notification of recall shall be by letter addressed to his or lesser salary groupher last known address on the Employer’s records with a copy sent to the Union. The employee recall rights will not extend for a period longer than twelve (12) months. 18.11 During layoff, seniority shall notify not be broken but shall not accrue, subject to the Authority time limits specified under Article 17.02 (ii). 18.12 Full-time employees may bump part-time employees subject to the restrictions and provisions set out in writing Article 18.06 above. Part-time employees may not bump full-time employees. 18.13 Full-time employees may decline recall to a part-time position without affecting their recall rights. However full-time employees who accept recall to a part-time vacancy (which they can fill in accordance with the restrictions set out in Article 18.10) shall have priority to the next full-time vacancy (which they can fill in accordance with the restrictions set out under Article 18.10) over other employees, including more senior employees, who declined recall to a part-time position. 18.14 Any period of their intention employment for which severance pay has actually been paid, shall not be counted as service in calculating the amount of severance pay which may again become due after reinstatement to displace another employee as early as possible but, employment or in the calculation of eligibility for any event, no later than tenother benefits based on length of service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Layoffs. When the layoff a. A “layoff” is defined as a reduction of employees is anticipated, the Authority shall determine the positions to be eliminated and/or the number more than twenty percent (20%) of employees to be laid off. It is the intention of the Authority to give the Union as much advance notice of layoffs as is practicable in order that discussions may be held to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all current regularly employed full time employees to the Union on a monthly basis or upon requestscheduled hours which will last longer than three (3) months. 8.4.1 If it becomes necessary for b. This minimum is inclusive of any other previous hours reduced within the Authority to lay off employees, previous eighteen (18) months which has affected the Authority shall provide to current employee in the employee(s) affected: i) at least four (4) weeks’ notice in writing in advance of the proposed layoff; or ii) pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time as prescribed by legislation if it is longer than four (4) weeksposition being reduced. (a) For c. However, previous hours cuts do not count toward the definition of a current layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt to place a displaced employee through the following process: 1. where previously an employee has exercised her rights to be laid off will be given first opportunity, consistent with his or her qualifications, to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidatebump. (b) 15.02 In the event of lay offa proposed layoff, failing placement the Employer will provide the Union with as must notice as possible, in a vacancy writing. 15.03 In the event of layoff, the Employer shall layoff employees in the reverse order of their seniority within their classification, provided there remain on the job, employees who have the qualifications, required knowledge and education, skills and abilities to perform the work. 15.04 An employee who receives notice of layoff shall have the right to either accept the layoff or displace (“bump”) another employee as described aboveherein. Such decision shall be given in writing to the Employer within one (1) week, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off and in the inverse order absence of Authority seniority within such decision, it is deemed that the classification involvedlayoff is accepted. (c) Where an employee would otherwise be 15.05 A laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority to displace the most junior employee in a classification in the same or lesser salary group. The employee shall notify the Authority in writing of their intention to displace another employee as early as follows: a. The definition of layoff must have been met in Article 15.01(a). b. No provisions of this Collective Agreement may be breached. c. The laid off employee may not gain bi-weekly work hours or preferred shifts, but where the current regular hours in her posting are fewer than the hours that have been regularly worked (i.e. for at least three (3) consecutive months) in that posting within the previous eighteen (18) months, she may displace an employee to a maximum of that number of hours. A laid off employee cannot bump for more than the number of hours in the posted vacancy if posted within the eighteen (18) months prior to the layoff, subject to the limitations in Article 15.01(c). d. The displacement if possible butshall be of the least senior employee within the job classification who has up to the same number of hours of work on a regular basis. e. Where it is not possible to displace according to (d) or where a displacement of an employee in another job classification allows the laid off employee to reclaim a greater number of hours, the laid off employee may seek to displace in another classification. f. Existing qualifications and abilities set out by the Employer must be met and no displacement will be permitted into another job classification if any eventtraining beyond orientation is required. g. In displacing an employee in another job classification, no later than tenthe straight time hourly rate exclusive of premiums, may not be exceeded, for the new classification bumped into. 15.06 When the displacement procedure is used, permanent postings are reassigned permanently. 15.07 In all cases of layoff or recall, the following factors shall be applied: a. Skill, qualifications, ability; and b. Reliability Where the qualifications in (a) and (b) are relatively equal in the judgement of the Employer, bargaining unit wide seniority shall govern. Such judgement shall not be exercised unreasonably.

Appears in 1 contract

Samples: Collective Agreement

Layoffs. When 19.1 The Employer will inform the Union through the Labour-Management Committee with respect to any planned layoff. In the event of layoff within a department, Employees will be laid off in inverse order of employees is anticipated, length of service provided that the Authority shall determine Employee with the positions greater length of service has the qualifications and sufficient ability to be eliminated and/or perform the number of employees available work satisfactorily. 19.2 Employees about to be laid off. It is off from one job who have the intention qualifications and the ability to perform the requirements of the Authority work available in another job may apply their length of service and revert to give such other job. Employees exercising this right must advise the Union as much advance notice Employer in writing within five (5) days of layoffs as being advised of layoff. No junior (length of service) Employee is practicable in order that discussions may to be held displaced by a more senior (length of service) Employee unless the senior Employee has the qualifications and sufficient ability to provide an orderly and equitable layoff procedure. The Authority agrees to provide seniority lists for all regularly employed full time employees to perform the Union on a monthly basis or upon requestjob filled by the junior Employee. 8.4.1 If it becomes necessary for 19.3 In the Authority to lay off employees, the Authority shall provide to the employee(s) affectedevent of layoffs: i(a) at least four A Regular Full-time Employee is entitled to receive three (43) weeks’ notice in writing in advance or three (3) weeks’ wages; and (b) A Part-time Regular Employee is entitled to receive three (3) weeks’ notice or three (3) weeks’ wages. 19.4 When an Employee is laid off, the Employer will continue to pay its portion of the proposed layoffgroup health and welfare payments payable under section 46.1 for that Employee until the end of the month following the month in which the Employee is laid off with such payment based on the average of the Employer’s payments made over the previous three (3) months. 19.5 The Employer agrees that it will not schedule overtime in order to affect or extend layoffs. 19.6 An Employee who voluntarily reverts to a lower job classification shall receive the rate of pay of that new job classification. 19.7 If the show or project for which a Temporary/Casual Employee is hired, is completed or stopped before the originally specified date; or ii) then notice or pay in lieu of notice, provided that the pay in lieu, or combination of notice and pay in lieu equals four (4) weeks. Notice or a combination of notice and pay in lieu shall be such length of time given as prescribed by legislation if it is longer than four (4) weeks. (a) For layoff purposes the Authority will, unless otherwise determined by mutual agreement of the parties, attempt follows: Up to place a displaced employee through the following process: one week 1. an employee -day notice 1 to be laid off will be given first opportunity, consistent with his or her qualifications, 2 weeks 3 days’ notice 2 to fill any existing vacancies within the bargaining unit; 2. an employee to be laid off will be given preferential consideration for existing vacancies within the Authority outside the bargaining unit provided that, in the opinion of the Authority, he or she is qualified; 3. if there is more than one qualified candidate for a vacancy, the Authority will choose the most senior candidate. (b) In the event of lay off, failing placement in a vacancy as described above, the Authority shall, unless otherwise determined by mutual agreement of the parties, lay off in the inverse order of Authority seniority within the classification involved. (c) Where an employee would otherwise be laid off from employment and has recognized occupational qualifications in another classification, the employee may apply his or her Authority seniority to displace the most junior employee in a classification in the same or lesser salary group. The employee shall notify the Authority in writing of their intention to displace another employee as early as possible but, in any event, no later than ten3 weeks 5 days’ notice

Appears in 1 contract

Samples: Collective Agreement

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