OFF AND RECALL. Seniority w i l l apply t o lay - offs from a department and recalls t o a department provided t h a t the shall also take into consideration the relative efficiency, merit, and ability of the employees con- cerned so that an efficient staff of employees may be maintained i n the department. No full - time employee within the bargaining unit shall be laid off by reason of their duties being assigned t o one or more part - time employees. The Hospital shall give each in the bargain- ing unit who has acquired seniority and who is t o be laid off for a period of more than eight weeks, notice i n writing of her lay - off in accordance with the following schedule : Up t o one year's service weeks' notice year b u t less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years' service or more weeks' notice Such notice w i l l be handed t o the employee and a signed acknowledgement requested i f the employee is a t work a t the t i m e the notice is ready fox delivery. In the alternative, it shall be mailed by registered mail. In the event of a proposed lay off of more than eight weeks duration, the hospital will: provide the Union with no less then calendar days notice of such lay off, and meet with the Union through the Labour Management Committee to review the following: the reason causing the lay off; the service the hospital will undertake after the lay off; the method of implementation including the areas of and employees to be laid off. In all other cases of lay-off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice, provided however, such notice shall not be required if the lay-off occurs because of emergencies (for example; fire, act of God, power failure or equipment breakdown).
Appears in 1 contract
Samples: Collective Agreement
OFF AND RECALL. Seniority w i l l apply t o lay - offs from a department and recalls t o a department provided t h a t that the Hospital shall also take into consideration the relative efficiency, merit, and ability of the employees con- cerned so that an efficient staff of employees may be maintained i n the department. No full - time employee within the bargaining unit shall be laid off by reason of their duties being assigned t o one or more part - time employees. The Hospital shall give each in employee i n the bargain- ing unit who has acquired seniority and who is t o be laid off for a period of more than eight weeks, notice i n writing of her lay - lay- off in i n accordance with the following schedule schedule: Up t o one year's service weeks' notice year b u t but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but b u t less than years' service weeks' notice years but less than years' service weeks' notice years' service or more weeks' notice Such notice w i l l be handed t o the employee and a signed acknowledgement requested i f the employee is a t at work a t at the t i m e the notice is ready fox for delivery. In the alternative, it shall be mailed by registered mail. In the event of a proposed lay off of more than eight weeks duration, the hospital willw i l l : provide the Union with no less then calendar days notice of such lay off, and meet with the Union through the Labour Management Committee to t o review the following: the reason causing the lay off; the service the hospital will w i l l undertake after the lay off; the method of implementation including the areas of cut- back and employees to t o be laid off. In all other cases of lay-lay - off, the Hospital shall give each employee in i n the bargaining unit who has acquired seniority one week's notice, provided however, such notice shall not be required if i f the lay-lay- off occurs because of emergencies (for example; fire, act of God, power failure or equipment breakdown). In the event of lay - off, the Hospital shall lay- off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability t o perform the work. An employee who is subject t o lay- off shall have the right t o either: accept the lay - off; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay - off can perform the duties of the lower or iden- tical classification without training other than orientation. Such employee so displaced shall be laid off. An employee shall have the opportunity of recall from a lay- off t o an available opening, provided she has the ability t o perform the work before such opening is filled on a regular basis under the job posting proce- dure. Notwithstanding the above, t h i s position so filled shall be posted under the job posting provisions of t h i s Agreement. The recalled employee w i l l automat- ically be deemed t o have applied for the position. Should the recalled employee not remain in the posi - tion as a result of t h i s job posting, she shall be given the opportunity of replacing the successful applicant t o the job posting i f she can perform the duties of that classification without training other than orientation. Otherwise, the recalled employee shall be laid off. In determining the ability of an employee t o perform the work for the purposes of paragraphs (e) and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled t o work a different classifi- cation from which she was laid off shall have the privilege of returning t o the position she held prior t o the lay- off should it become vacant within s i x months of being recalled. No new employee shall be hired until all those laid off have been given an opportunity t o return t o work and have failed t o notify the Hospital of their inten - tion t o do so, in accordance w i t h below, or have been found unable t o perform the work available. It is the sole responsibility of the employee who has been laid off t o notify the Hospital of her intention t o return t o work within three ( 3 ) working days (exclusive of Saturdays, Sundays and paid after being notified t o do so by registered m a i l , add- ressed t o the last address on record with the Hospital (which notification shall be deemed t o have been received on the second day following the date of and t o return t o work within ten calen - dar days after being notified. The notification shall state the job t o which the employee is eligible t o be recalled and the date and t i m e at which the employee shall report for work.
Appears in 1 contract
Samples: negotech.labour.gc.ca
OFF AND RECALL. Seniority w i l l apply t o lay - offs from (a) In all cases of increase or decrease in the work force, senioremployees shall be entitled to preference overjunior employees, within the Plant and Shift, provided that the senior employee has the skill, ability and qualificationsin the Employer's opinion, to satisfactorily the available work without further training or experience. In cases of a department layoff an employee shall be allowed to exercise their seniority under this clause to bump to the shift of their preference. It is agreed that student and recalls t o a department provided t h a t probationary employees will be laid off first. Recalls will be made in inverse order of layoff, subject to the shall also take into consideration recalled employee having the relative efficiencyskill, merit, ability and ability qualifications in the employers opinion to satisfactorilyperform the available work without further training or experience. Recalled employeeswill be returned to their original shift and position immediately wherever possible or by the beginning of the next regular scheduled work week. Once employeeson lay off have been recalled those employees con- cerned so shall return to the positions they held prior to the layoff. Except for lay-offs due to machinery breakdowns, fire, flood, power outage and other acts of God, the Company will notify employeesto be laid off and Union representatives as soon as reasonablypossible but at least twenty-four (24) hours in advance of the lay-off. A list of laid off employees shall be sent to the Local It is agreed that the Executive Committee (6 in total) will have preferred seniority during their term in This applies to lay-offs only. ARTICLE TRANSFERS An employee will only be permanently transferred pursuant to Article XI (Job and Article (Lay-offs). The Company will have the right to temporarilytransfer an efficient staff employee. A temporary transfer shall not exceed sixty (60) days without the consent of employees may the employee. For casual absence one (1) to three (3) days in the Material Handling Classification the transfer clause will not be maintained i n applicable unless all other options have been exhausted. Where an employee is temporarilytransferred to a position in another classification,the departmentemployee shall receive the rate of the classificationto which the employee is transferred or their regular rate, whichever is greater. No full - time employee within shall be transferred to a position outside the bargaining unit shall be laid off by reason of without their duties being assigned t o one or more part - time employeesconsent. The Hospital shall give each in the bargain- ing unit who has acquired seniority and who is t o be laid off for a period of more than eight weeks, notice i n writing of her lay - off in accordance with the following schedule : Up t o one year's service weeks' notice year b u t less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years but less than years' service weeks' notice years' service or more weeks' notice Such notice w i l l be handed t o the employee and a signed acknowledgement requested i f the Where an employee is transferredto a t work a t position outside the t i m e the notice is ready fox delivery. In the alternative, it shall be mailed by registered mail. In the event of a proposed lay off of more than eight weeks durationbargaining unit, the hospital will: provide Company shall have the Union with no less then calendar days notice of such lay off, and meet with right to return the Union through the Labour Management Committee transferred employee to review the following: the reason causing the lay off; the service the hospital will undertake after the lay off; the method of implementation including the areas of and employees to be laid off. In all other cases of lay-off, the Hospital shall give each employee in the bargaining unit who has acquired and the transferred employee may elect to return to the bargaining unit without loss of seniority one week's noticeany time during a period equivalent to sixty (60) working days from the date of transfer. Upon the expiry of a period equivalentto sixty working days from the date of transfer, provided howevera transferred employee shall lose all seniority and if returned to the bargaining unit, such notice the employee shall return as a new employee. An extension beyond the sixty (60) working days may be granted with the joint consent of the employee, the Union and the Company. Newly hired xxxxxxxxxxxxxx be restricted from to another classificationfor the duration of the probationary period. New employees shall not be required if the hired where there are employeeson lay-off occurs because of emergencies (for example; firehaving the skill, act of Godability and qualifications, power failure or equipment breakdown)in the Employers opinion, to satisfactorilyperform the available work.
Appears in 1 contract
Samples: Agreement
OFF AND RECALL. Seniority w i l l apply t o lay - offs from a department and recalls t o a department provided t h a t the shall also take into consideration the relative efficiency, merit, and ability of the employees con- cerned so that an efficient staff of employees may be maintained i n the department. No full - time employee within the bargaining unit shall be laid off by reason of their duties being assigned t o one or more part - time employees. The Hospital shall give each employee in the bargain- ing bargaining unit who has acquired seniority and who is t o to be laid off for a period of more than eight weeks, notice i n in writing of her his lay - off in accordance with the following schedule schedule: Up t o to one year's service weeks' notice years service; one weeks notice; One year b u t but less than years' service weeks' notice three years service; two weeks notice; Three years but less than years' service weeks' notice four years service; three weeks notice; Four years but less than years' service weeks' notice five years service; four weeks notice. Five years but less than years' service weeks' six years service; five weeks notice Six years but less than years' service weeks' seven years service; six weeks notice Seven years but less than years' service weeks' eight years service; seven weeks notice years' Eight years service or more weeks' more; eight weeks notice Such notice w i l l will be handed t o to the employee and a signed acknowledgement requested i f if the employee is a t at work a t at the t i m e time the notice is ready fox for delivery. In the alternative, it shall be mailed by registered mail. In the event of a proposed An employee on lay off of more than eight weeks duration, the hospital will: provide the Union with no less then calendar days and recalled to a temporary position shall not be entitled to further notice of such lay off, and meet with the Union through the Labour Management Committee to review the following: the reason causing the lay off; the service the hospital will undertake after the lay off; the method of implementation including the areas of and employees to be laid off. In all other cases of lay-lay off, the Hospital shall give each employee in the bargaining unit who has acquired seniority one week's notice, weeks notice provided however, such notice shall not be required if the lay-lay off occurs because of emergencies (for example; , fire, act of God, power down). failure or equipment breakdown)break- In the event of lay off, the Hospital shall lay off employees in the reverse order of their seniority within their classification; providing that there remain on the job employees who then have the ability to perform the work. An employee who is subject to lay off shall have the right to either: Accept the lay off; or Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay off can perform the duties of the lower or identical classification without training other than orienta- tion. Such employee so displaced shall be laid off subject to his or her rights under this section. An employee shall have the opportunity of recall from a lay off to an available opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completed. In determining the ability of an employee to perform the work for the purposes of paragraphs and above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid off shall have the privilege of returning to the position he held prior to the lay off should it become vacant within six months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their intention to do so, in accor- dance with below, work available. or have been found unable to perform the Failure to signify intention to return to work within three days of the receipt of the notice of recall, which shall be in writing addressed to the last known address according to the records of the Employer, and failure in fact to return to work within a further five days. An employee who so fails shall forfeit his or her own claim to Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a lay off commenced on the day immedi- ately following a paid holiday,' an employee otherwise qualified for holiday pay shall not be thereto solely because of the day on which the lay off commenced. A laid off employee shall retain the rights of recall for a period of six months from the date of lay off. Any agreement reached between the Hospital and the Union concerning the method of implementing offs will take precedence over other terms of lay off in this agreement.
Appears in 1 contract
Samples: Collective Agreement