Common use of Notwithstanding Article 27 Clause in Contracts

Notwithstanding Article 27. 9.1 no aboriginal employee or employee with a disability, as defined in the Ontario Human Rights Code, shall be bumped by a more senior employee. 27.9.3.1 The Employer shall identify the first available permanent AMAPCEO unit position, occupied by the least senior employee, according to the following ordering rules and the criteria under Article 27.9.1: (i) in the employee’s current functional group and level, within 40 km of the current work location; (ii) in the remaining functional groups of the employee’s current module and level, within 40 km of the current work location; (iii) in the modules of any prior positions held by the employee, within the same level of the employee’s current position, within 40 km of the current work location; (iv) in the employee’s current functional group, one (1) level below the employee’s current level, within 40 km of the current work location; (v) in the remaining functional groups of the employee’s current module one (1) level below the employee’s current level, within 40 km of the current work location; (vi) in the modules of any prior positions held by the employee, one (1) level below the employee’s current level, within 40 km of the current work location; 27.9.3.2 Where an employee has modified his or her geographic parameters in Article

Notwithstanding Article 27. 9.1 no aboriginal employee or employee with a disability, as defined in the Ontario Human Rights Code, shall be bumped by a more senior employee. 27.9.3.1 The Employer shall identify the first available permanent AMAPCEO unit position, occupied by the least senior employee, according to the following ordering rules and the criteria under Article 27.9.1: (i) in the employee’s current functional group and level, within 40 km of the current work location; (ii) in the remaining functional groups of the employee’s current module and level, within 40 km of the current work location; (iii) in the modules of any prior positions held by the employee, within the same level of the employee’s current position, within 40 km of the current work location; (iv) in the employee’s current functional group, one (1) level below the employee’s current level, within 40 km of the current work location; (v) in the remaining functional groups of the employee’s current module one (1) level below the employee’s current level, within 40 km of the current work location; (vi) in the modules of any prior positions held by the employee, one (1) level below the employee’s current level, within 40 km of the current work location; 27.9.3.2 Where an employee has modified his or her geographic parameters in ArticleArticle 27.

Notwithstanding Article 27. 9.1 no aboriginal Indigenous employee or employee with a disability, as defined in the Ontario Human Rights Code, shall be bumped by a more senior employee. 27.9.3.1 The Employer shall identify the first available permanent AMAPCEO unit position, occupied by the least senior employee, according to the following ordering rules and the criteria under Article 27.9.1: (i) in the employee’s current functional group and level, within 40 km of the current work location; (ii) in the remaining functional groups of the employee’s current module and level, within 40 km of the current work location; (iii) in the modules of any prior positions held by the employee, within the same level of the employee’s current position, within 40 km of the current work location; (iv) in the employee’s current functional group, one (1) level below the employee’s current level, within 40 km of the current work location; (v) in the remaining functional groups of the employee’s current module one (1) level below the employee’s current level, within 40 km of the current work location; (vi) in the modules of any prior positions held by the employee, one (1) level below the employee’s current level, within 40 km of the current work location; 27.9.3.2 Where an employee has modified his or her their geographic parameters in ArticleArticle 27.3.9 beyond 40 km, the search shall be carried out in accordance with the employee’s modification under ordering rules in (i) to (vi) above, in the same descending order. The ordering rules set out above will be carried out sequentially until a bump is found or the search is exhausted. 27.9.3.3 The Employer shall declare surplus an employee who is bumped and shall determine the options under Articles 27. 6.2 for that employee and provide the bumped employee with a notice under Article 27.6 as soon as practicable.