Common use of Options Upon Layoff Clause in Contracts

Options Upon Layoff. A regular employee affected by a layoff may choose, by indicating to the Employer in writing, one of the following options in the following sequence: (1) Bump a junior employee in a lower classification in the same Classification Series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and (2) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarization. If this option is selected, no severance pay will be paid. (c) Opt for severance pay as per the following: (1) A regular employee who, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the provisions contained in subsections (1) and (2) above will not receive an amount greater than nine (9) months' current salary.

Appears in 1 contract

Samples: Collective Agreement

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Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer Employer, in writing, one (1) of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he so, they must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he so, they must bump into an equivalent or lower classification, classification provided he has they have the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided they have the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his their salary reduced. reduced However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his their seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. (c) Opt for severance pay as per the following: (1) A An employee who has regular employee whostatus prior to July 1, at the time of layoff, has service of three (3) years or more 2002 shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, employment - three (3) weeks' current salary; (ii) for the second year of completed employment, employment - three (3) weeks' current salary; (iii) for each completed year thereafter, thereafter - one-half (½) month's month current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice or pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight (8) weeks. (4) It is understood that upon the expiry of the next Ministry of Transportation contract, severance pay provisions shall cease and the notice provisions will become effective eight (8) weeks prior to the termination of the MOT contract (2019). (5) In all cases relative to (1) through (4) above, the employee will be allowed a reasonable period to orient themselves with the work area and equipment.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer Employer, in writing, one of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so so, he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so so, he must bump into an equivalent or lower classification, classification provided he has the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his salary reduced. reduced However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) 18 months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. (c) Opt for severance pay as per the following: (1) A An employee who has regular employee whostatus prior to July 1, at the time of layoff, has service of three (3) years or more 2002 shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, employment - three (3) weeks' current salary; (ii) for the second year of completed employment, employment - three (3) weeks' current salary; (iii) for each completed year thereafter, thereafter - one-half (½) month's month current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice or pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight weeks. (4) It is understood that upon the expiry of the next Ministry of Transportation contract, severance pay provisions shall cease and the notice provisions will become effective eight weeks prior to the termination of the MOT contract (2019). (5) In all cases relative to (1) through (4) above, the employee will be allowed a reasonable period to orient himself with the work area and equipment.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by who is laid off from a layoff may choose, by indicating point of assembly shall have the right to the Employer in writing, one of the following options in the following sequenceeither: (1a) Bump a junior employee in a lower classification in the same Classification Series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and (2) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases remain on layoff status until the salary of work becomes available at the employee's new classification equals or exceeds the salary which the employee is receiving.regular point of assembly; or (b) Opt to be placed on a recall list for a period bump the most junior employee in the same classification at another point of eighteen (18) months for assembly, provided that the purpose of recall to a position within his seniority block for which the bumping employee is qualified after a period of familiarization. If this option is selected, no severance pay will be paid.has more seniority; or (c) Opt opt for severance pay as per the following: (1) A regular under this article. The following part-time employee who, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) is grand-parented and may opt for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, onepro-half (½) month's current salaryrated severance under this article: Xxxxxx Xxxxx. (2d) A regular if the employee whoexercises his/her rights under 13.3(b), but works less than an FTE as stated under Article 14.1, he/she shall have the option to maintain his/her benefits at a pro rata basis as long as the employee meets the minimum eligibility requirements of the benefits plan. If an employee elects layoff status, the employee must remain on layoff until work becomes available at the time employee's regular point of layoffassembly. If an employee elects to bump into a new point of assembly, has service the employee loses the right to be scheduled for work at the old point of less than three (3) years assembly. If an employee elects severance pay it shall be entitled to severance pay in an amount equal to calculated on the basis of one (1) week's pay for every year of service or major part thereof. (3) An . No employee covered by the provisions contained in subsections (1) and (2) above will not shall receive an amount greater than nine four (94) months' months current salarypay. Severance pay for grand-parented part-time employees shall be the same as for full-time employees but shall be paid on a pro-rated basis based on average earnings for the twenty-six (26) pay periods prior to termination of employment. A week's pay shall be calculated by totalling the employee's wages, excluding overtime, earned in the previous twenty-six (26) pay periods prior to termination in which the employee worked hours and dividing by fifty-two (52).

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, by indicating to the Employer in writing, one of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series within the seniority block. In doing so he they must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series within the seniority block. In doing so he they must bump into an equivalent or lower classification, provided he has they have the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided they have the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2) or (3) above will not have his their salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) 18 months for the purpose of recall to a position within his their seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. (c) Opt for severance pay as per the following: (1) A An employee who has regular employee whostatus prior to July 1, 2002, who at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attain that status shall be entitled to severance notice or pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight weeks. (4) It is understood that upon the expiry of the next MOT contract (2028), the severance pay provisions shall cease and the notice provisions will become effective eight weeks prior to the termination of the MOT contract (2028).

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular employee affected by a layoff may choose, by indicating to the Employer in writing, one of the following options in the following sequence:Regular Employees (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority blockassembly point. In doing so he he/she must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority blockassembly point. In doing so he he/she must bump into a classification at an equivalent or lower classification, pay rate provided he he/she has the necessary qualifications to perform the job. (3) Bump a junior employee in another assembly point. In doing so the employee must bump into an equivalent or lower classification and have the necessary qualifications to perform the job. Relocation expenses are not applicable throughout this process. The employee who bumps in accordance with (1), (2) and (23) above will not have his his/her salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months one year for the purpose of recall to a regular or auxiliary position within his seniority block for which the employee his/her assembly point provided he/she is qualified after a period to perform the work of familiarizationthe position which becomes available. If recalled to work of less than four months duration, layoff notice will not be required. If recalled to work of four months or greater, layoff notice will be as specified in above. If this option is selected, no severance pay will be paidis applicable. (1) Employees shall not accumulate seniority while on layoff. (c) Opt for severance pay as per the followingfollows: (1) Regular employees hired or converted to regular status after July 1, 2002 shall be entitled to severance notice or pay in lieu of notice in accordance with the Employment Standards Act, but not to exceed eight weeks. (2) Regular employees hired or converted to regular status on or before July 1, 2002 shall be entitled to the current applicable severance pay provisions set out below, however it is understood that eight weeks prior to the expiry of the next MoT contract, the current severance pay provisions shall cease to have application and that Clause (1) above will have application to all regular employees regardless of their hire date. A regular employee who, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below:. (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's two weeks' current salary. (23) Employees failing to opt for one of the above options within the 20 workday period will be paid severance in accordance with this article. (i) A regular employee who, at the time of layoff, has service of less than three (3) years years, shall be entitled to severance pay in an amount equal to of one (1) week's pay for every year of service or major part thereof. (3ii) An employee covered by the provisions provision contained in subsections (1) and Subsection (2) above will not receive an amount greater than nine (9) six months' current salary.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. (a) A regular full time employee affected by a layoff may choose, choose by indicating to the Employer in writing, one of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so so, he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so so, he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his salary reduced. However, such employee employees shall not receive negotiated salary increases until the salary of the employee's ’s new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. Laid off regular employees, at the time of lay off, may indicate to the Employer, in writing two (2) auxiliary seniority lists they wish to be placed on. Employees exercising this option will be recalled by service seniority before auxiliary employees in their own seniority block but for work assignments of two (2) weeks or longer – they will be recalled before auxiliary employees in both of the selected seniority blocks. (c) For the purpose of this clause only, Kelowna-Westbank and Princeton-Tulameen shall be considered as single seniority blocks. (d) Opt for severance pay as per the following: (1) A An employee, who has regular employee whostatus prior to July 1, 2002, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-one- half (½) month's month of current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice and pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight (8) weeks. (4) It is understood that eight (8) weeks prior to the expiry of the next MoT contract the severance pay provisions shall cease to have application and the provisions of (3) above will apply to all employees. This notice provision will also apply to the separation of all employees at the end of the next MoT contract regardless of his/her hire date.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. (a) A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, one (1) of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he so, they must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he so, they must bump into an equivalent or lower classification, provided he has they have the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided they have the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his salary reduced. However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. Laid off regular employees, at the time of layoff, may indicate to the Employer, in writing two (2) auxiliary seniority lists they wish to be placed on. Employees exercising this option will be recalled by service seniority before auxiliary employees in their own seniority block but for work assignments of two (2) weeks or longer – they will be recalled before auxiliary employees in both of the selected seniority blocks. (c) For the purpose of this clause only, Kelowna, West Kelowna shall be considered as a single seniority block. (d) Opt for severance pay as per the following: (1) A An employee, who has regular employee whostatus prior to July 1, 2002, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's month of current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice and pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight (8) weeks. (4) It is understood that eight (8) weeks prior to the expiry of the next MoTI contract (2029) the severance pay provisions shall cease to have application and the provisions of (3) above will apply to all employees. This notice provision will also apply to the separation of all employees at the end of the next MoTI contract (2029) regardless of their hire date.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, writing one of the following options in the following sequenceoptions: (1a) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2b) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications qualification to perform the job. The employee who bumps in accordance with (1a) and (2b) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (bc) Either bump the least senior employee, or fill a vacancy in another seniority block, provided he is qualified to perform the work. An employee with three (3) years or more seniority shall be paid relocation expenses. (d) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paid. (ce) Opt In all cases relative to (a) through (d) above, the employee will be allowed a period of familiarization. (f) When the Company has determined there is no work available the employee may opt for severance pay as per the following: (1) A regular employee whoFor employees who are hired or who become full-time employees after December 1, at the time of layoff1988, has service of three one (31) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) week's current salary for the first each year of completed employmentservice or major part thereof with any and all maintenance contractors for Contract Area 22, three to a maximum of thirteen (313) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's weeks current salary. (2) A regular For employees who transferred from the Provincial Government on or about October 27th, 1988, severance pay as follows: (i) a full-time employee who, at the time of layoff, has service of less than with three (3) years seniority shall be entitled to severance pay in an the amount equal to one (1) week's pay for every year of service or major part thereof.; (ii) a full-time employee with three (3) An employee covered by years or more service seniority shall be entitled to severance pay as per the provisions contained in subsections following: ➢ for the first (11st) year of seniority, three (3) weeks current salary; and ➢ for the second (2nd) year of seniority, three (3) weeks current salary; and ➢ for each completed year of seniority thereafter, two (2) above additional weeks current salary. A full-time employee will not receive an amount greater than nine six (96) months' months current salary. The sequence for calculating seniority for the purpose of severance pay will be to first calculate continuous service as a full-time employee with the Government prior to adding continuous service as a full-time employee with any and all maintenance contractors for Contract Area 22. (g) Opt for early retirement. (h) Regular employees hired after July 16, 2002, shall receive severance in accordance with the (i) Notice in lieu of severance is acceptable at the end of MOT Contract #5.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. ‌ (a) A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, one (1) of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he so, they must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he so, they must bump into an equivalent or lower classification, provided he has they have the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided they have the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his salary reduced. However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. Laid off regular employees, at the time of layoff, may indicate to the Employer, in writing two (2) auxiliary seniority lists they wish to be placed on. Employees exercising this option will be recalled by service seniority before auxiliary employees in their own seniority block but for work assignments of two (2) weeks or longer – they will be recalled before auxiliary employees in both of the selected seniority blocks. (c) For the purpose of this clause only, Kelowna, West Kelowna shall be considered as a single seniority block. (d) Opt for severance pay as per the following: (1) A An employee, who has regular employee whostatus prior to July 1, 2002, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary;salary;‌ (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's month of current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice and pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight (8) weeks. (4) It is understood that eight (8) weeks prior to the expiry of the next MoTI contract (2029) the severance pay provisions shall cease to have application and the provisions of (3) above will apply to all employees. This notice provision will also apply to the separation of all employees at the end of the next MoTI contract (2029) regardless of their hire date.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, writing one of the following options in the following sequenceoptions: (1a) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2b) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications qualification to perform the job. The employee who bumps in accordance with (1a) and (2b) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (bc) Either bump the least senior employee, or fill a vacancy in another seniority block, provided he is qualified to perform the work. An employee with three (3) years or more seniority shall be paid relocation expenses. (d) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paid. (ce) Opt In all cases relative to (a) through (d) above, the employee will be allowed a period of familiarization. (f) When the Company has determined there is no work available the employee may opt for severance pay as per the following: (1) A regular employee whoFor employees who are hired or who become full-time employees after December 1, at the time of layoff1988, has service of three one (31) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) week's current salary for the first each year of completed employmentservice or major part thereof with any and all maintenance contractors for Contract Area 22, three to a maximum of thirteen (313) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's weeks current salary. (2) A regular For employees who transferred from the Provincial Government on or about October 27th, 1988, severance pay as follows: (i) a full-time employee who, at the time of layoff, has service of less than with three (3) years seniority shall be entitled to severance pay in an the amount equal to one (1) week's pay for every year of service or major part thereof.; (ii) a full-time employee with three (3) An employee covered by years or more service seniority shall be entitled to severance pay as per the provisions contained in subsections following: ➢ for the first (11st) year of seniority, three (3) weeks current salary; and ➢ for the second (2nd) year of seniority, three (3) weeks current salary; and ➢ for each completed year of seniority thereafter, two (2) above additional weeks current salary. A full-time employee will not receive an amount greater than nine six (96) months' months current salary. The sequence for calculating seniority for the purpose of severance pay will be to first calculate continuous service as a full-time employee with the Government prior to adding continuous service as a full-time employee with any and all maintenance contractors for Contract Area 22. (g) Opt for early retirement. (h) Regular employees hired after July 16, 2002, shall receive severance in accordance with the (i) Notice in lieu of severance is acceptable at the end of MOT Contract #5.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular employee affected by a layoff may choose, choose by indicating to the Employer Employer, in writing, one of the following options in the following sequenceoptions: (1a) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he he/she must have the necessary qualifications to perform the job. (2b) Bump the a junior employee in another Classification Series classification series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1a) and above, or (2) above b), will not have his salary reduced. However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (bc) Where an employee is displaced from his seniority block, he can either bump the least senior employee, or fill a vacancy in another seniority block, provided he/she is capable of performing the work. An employee with three (3) years or more seniority shall be paid relocation expenses. (d) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paid. Laid off regular employees may opt to be placed on the auxiliary recall list for the seniority block from which they were laid off. They will be hired before auxiliary employees. (ce) Opt for severance pay as per the following: (1) A regular employee who, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant In all cases relative to (ia) through (iiid) below: (i) for above, the first year employee will be allowed a reasonable period of completed employment, three (3) weeks' current salary; (ii) for orientation to the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's current salarywork area and equipment. (2f) A regular employee whoFor the purpose of this clause only, at the time of layoff, has service of less than three (3) years Kelowna-Westbank and Princeton-Tulameen shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereofconsidered as single seniority blocks. (3) An employee covered by the provisions contained in subsections (1) and (2) above will not receive an amount greater than nine (9) months' current salary.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. (a) A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, one of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so so, he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so so, he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his salary reduced. However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. Laid off regular employees, at the time of layoff, may indicate to the Employer, in writing two (2) auxiliary seniority lists they wish to be placed on. Employees exercising this option will be recalled by service seniority before auxiliary employees in their own seniority block but for work assignments of two (2) weeks or longer – they will be recalled before auxiliary employees in both of the selected seniority blocks. (c) For the purpose of this clause only, Kelowna-Westbank shall be considered as a single seniority block. (d) Opt for severance pay as per the following: (1) A An employee, who has regular employee whostatus prior to July 1, 2002, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's month of current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice and pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight (8) weeks. (4) It is understood that eight (8) weeks prior to the expiry of the next MoT contract the severance pay provisions shall cease to have application and the provisions of (3) above will apply to all employees. This notice provision will also apply to the separation of all employees at the end of the next MoT contract regardless of his/her hire date.

Appears in 1 contract

Samples: Collective Agreement

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Options Upon Layoff. A regular employee affected by a layoff may choose, by indicating to the Employer Employer, in writing, one of the following options in the following sequence: (1) Bump bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so so, he must have the necessary qualifications to perform the job.; or (2) Bump bump the junior employee in another Classification Series classification series within the seniority block. In doing so so, he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1Clause 13.2(a)(1) and (2) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarization. If this option is selected, no severance pay will be paid.; OR (c) Opt for severance pay as per the following: (1) A regular employee who, at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary;; or (ii) for the second year of completed employment, three (3) weeks' current salary;; or (iii) for each completed year thereafter, one-half (½1/2) month's current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years years' shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the provisions contained in subsections (1) and (2) above will not receive an amount greater than nine six (96) months' current salary.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by who is laid off from a layoff may choose, by indicating point of assembly shall have the right to the Employer in writing, one of the following options in the following sequenceeither: (1a) Bump a junior employee in a lower classification in the same Classification Series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and (2) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases remain on layoff status until the salary of work becomes available at the employee's new classification equals or exceeds the salary which the employee is receiving.regular point of assembly; or (b) Opt to be placed on a recall list for a period bump the most junior employee in the same classification at another point of eighteen (18) months for assembly, provided that the purpose of recall to a position within his seniority block for which the bumping employee is qualified after a period of familiarization. If this option is selected, no severance pay will be paid.has more seniority; or (c) Opt opt for severance pay as per the following:under this article. The following part-time employee is grand-parented and may opt for prorated severance under this article: Xxxxxx Xxxxx.‌ (1d) A regular if the employee whoexercises his/her rights under (b) above, but works less than an FTE as stated under Clause 14.1, he/she shall have the option to maintain his/her benefits at a pro rata basis as long as the employee meets the minimum eligibility requirements of the benefits plan. If an employee elects layoff status, the employee must remain on layoff until work becomes available at the time employee's regular point of layoffassembly. If an employee elects to bump into a new point of assembly, has service the employee loses the right to be scheduled for work at the old point of three (3) years or more assembly. If an employee elects severance pay it shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for on the first year basis of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An . No employee covered by the provisions contained in subsections (1) and (2) above will not shall receive an amount greater than nine four (94) months' months current salarypay. Severance pay for grand-parented part-time employees shall be the same as for full-time employees but shall be paid on a prorated basis based on average earnings for the twenty-six (26) pay periods prior to termination of employment. A week's pay shall be calculated by totalling the employee's wages, excluding overtime, earned in the previous twenty-six (26) pay periods prior to termination in which the employee worked hours and dividing by fifty-two (52).

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, writing one of the following options in the following sequenceoptions: (1a) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2b) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications qualification to perform the job. The employee who bumps in accordance with (1a) and (2b) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (bc) Either bump the least senior employee, or fill a vacancy in another seniority block, provided he is qualified to perform the work. An employee with three (3) years or more seniority shall be paid relocation expenses. (d) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paid. (ce) Opt In all cases relative to (a) through (d) above, the employee will be allowed a period of familiarization. (f) When the Company has determined there is no work available the employee may opt for severance pay as per the following: (1) A regular employee whoFor employees who are hired or who become full-time employees after December 1st, at the time of layoff1988, has service of three one (31) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) week's current salary for the first each year of completed employmentservice or major part thereof with any and all maintenance contractors for Contract Area 22, three to a maximum of thirteen (313) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's weeks current salary. (2) A regular For employees who transferred from the Provincial Government on or about October 27th, 1988, severance pay as follows: (i) a full-time employee who, at the time of layoff, has service of less than with three (3) years seniority shall be entitled to severance pay in an the amount equal to one (1) week's pay for every year of service or major part thereof.; (ii) a full-time employee with three (3) An employee covered by years or more service seniority shall be entitled to severance pay as per the provisions contained in subsections following: ] for the first (11st) year of seniority, three (3) weeks current salary; and ] for the second (2nd) year of seniority, three (3) weeks current salary; and ] for each completed year of seniority thereafter, two (2) above additional weeks current salary. A full-time employee will not receive an amount greater than nine six (96) months' months current salary. The sequence for calculating seniority for the purpose of severance pay will be to first calculate continuous service as a full-time employee with the Government prior to adding continuous service as a full-time employee with any and all maintenance contractors for Contract Area 22. (g) Opt for early retirement.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer in writing, writing one (1) of the following options in the following sequenceoptions: (1a) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so he they must have the necessary qualifications to perform the job. (2b) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so he they must bump into an equivalent or lower classification, provided he has they have the necessary qualifications qualification to perform the job. The employee who bumps in accordance with (1a) and (2b) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (bc) Either bump the least senior employee, or fill a vacancy in another seniority block, provided they are qualified to perform the work. An employee with three (3) years or more seniority shall be paid relocation expenses. (d) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paid. (ce) Opt In all cases relative to (a) through (d) above, the employee will be allowed a period of familiarization. (f) When the Company has determined there is no work available the employee may opt for severance pay as per the following: (1) A regular employee whoFor employees who are hired or who become full-time employees after December 1, at the time of layoff1988, has service of three one (31) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) week's current salary for the first each year of completed employmentservice or major part thereof with any and all maintenance contractors for Contract Area 22, three to a maximum of thirteen (313) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's weeks current salary. (2) A regular For employees who transferred from the Provincial Government on or about October 27, 1988, severance pay as follows: (i) a full-time employee who, at the time of layoff, has service of less than with three (3) years seniority shall be entitled to severance pay in an the amount equal to one (1) week's pay for every year of service or major part thereof.; (ii) a full-time employee with three (3) An employee covered by years or more service seniority shall be entitled to severance pay as per the provisions contained in subsections following:  for the first (11st) year of seniority, three (3) weeks current salary; and  for the second (2nd) year of seniority, three (3) weeks current salary; and  for each completed year of seniority thereafter, two (2) above additional weeks current salary. A full-time employee will not receive an amount greater than nine six (96) months' months current salary. The sequence for calculating seniority for the purpose of severance pay will be to first calculate continuous service as a full-time employee with the Government prior to adding continuous service as a full-time employee with any and all maintenance contractors for Contract Area 22. (g) Opt for early retirement. (h) Regular employees hired after July 16, 2002, shall receive severance in accordance with the (i) Notice in lieu of severance is acceptable at the end of MOT Contract #5 (May 31, 2019).

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, by indicating to the Employer in writing, one of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series within the seniority block. In doing so he must bump into an equivalent or lower classification, provided he has the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2) or (3) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) 18 months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. (c) Opt for severance pay as per the following: (1) A An employee who has regular employee whostatus prior to July 1, 2002, who at the time of layoff, has service of three (3) years or more shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, three (3) weeks' current salary; (ii) for the second year of completed employment, three (3) weeks' current salary; (iii) for each completed year thereafter, one-half (½) month's current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attain that status shall be entitled to severance notice or pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight weeks. (4) It is understood that upon the expiry of the next MOT contact, the severance pay provisions shall cease and the notice provisions will become effective eight weeks prior to the termination of the MOT contract.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular full-time employee affected by a layoff may choose, choose by indicating to the Employer Employer, in writing, one of the following options in the following sequenceoptions: (1) Bump a junior employee in a lower classification in the same Classification Series classification series within the seniority block. In doing so so, he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series classification series within the seniority block. In doing so so, he must bump into an equivalent or lower classification, classification provided he has the necessary qualifications to perform the job. (3) Bump a junior employee in another seniority block provided he has the necessary qualifications to perform the job. The employee who bumps in accordance with (1) and ), (2), or (3) above will not have his salary reduced. reduced However, such employee employees shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) 18 months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationqualified. If this option is selected, no severance pay will be paidpaid while on the recall list. (c) Opt for severance pay as per the following: (1) A An employee who has regular employee whostatus prior to July 1, at the time of layoff, has service of three (3) years or more 2002 shall be entitled to an amount calculated pursuant to (i) through (iii) below: (i) for the first year of completed employment, employment - three (3) weeks' current salary; (ii) for the second year of completed employment, employment - three (3) weeks' current salary; (iii) for each completed year thereafter, thereafter - one-half (½) month's month current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) An employee covered by the above provisions contained in subsections (1) and (2) above will shall not receive an amount greater than nine (9) months' current salary. (3) Regular employees who attained that status after July 1, 2002 shall be entitled to severance notice or pay in lieu of notice in accordance with the Employment Standards Act but not to exceed eight weeks. (4) It is understood that upon the expiry of the next Ministry of Transportation contract, severance pay provisions shall cease and the notice provisions will become effective eight weeks prior to the termination of the MOT contract (2019). (5) In all cases relative to (1) through (4) above, the employee will be allowed a reasonable period to orient himself with the work area and equipment.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A regular Within the twenty (20) work day period, an employee affected by a layoff may choose, by indicating will indicate to the Employer in writing, one writing any of the following options in the following sequence: (1) Bump a junior employee in a lower classification in within the same Classification Series within the seniority blockwork group. In so doing so he must have the necessary qualifications to perform the job. (2) Bump Employees with more than three (3) years' service seniority may bump the most junior employee in another Classification Series within a similar work group within the seniority blockCompany. In doing so he they must bump into an equivalent or lower classification, provided he has have the necessary qualifications to perform the job. The employee Relocation allowances will apply only once to employees who bumps in accordance with (1) and (2) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receivingchoose this option. (b3) Opt for severance pay. (4) Opt to be placed on a recall list for a period of eighteen one (181) months year for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarizationassembly point. If this option is selected, no severance pay will be paid. (c5) Opt for early retirement if qualified. (6) Employees failing to opt for one of the above options within the twenty (20) work day period will be paid severance pay as per the following:in accordance with this article. (7) Employees shall not accumulate seniority while on layoff. (b) Severance Pay (1) A regular An employee who, at with less than three (3) years' seniority shall be entitled to severance pay in the time amount equal to two (2) weeks' current salary for every year of layoff, has service of or major part thereof. (2) An employee with three (3) years or more of service seniority shall be entitled to an amount calculated pursuant to (i) through (iii) belowseverance pay as per the following: (i) for the first year of completed employment, employment - three (3) weeks' current salary; (ii) for the second year of completed employment, employment - three (3) additional weeks' current salary; (iii) for each completed year thereafter, one-half two (½2) month's additional weeks' current salary; (iv) an employee will not receive an amount greater than six (6) months' current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years In the event that the Employer does not bid on future maintenance contracts with the province of British Columbia or where the Employer is not successful in extending or renewing a maintenance contract with the Province of British Columbia, and in the event that the subsequent maintenance contractor does not offer employment, regular employees shall be entitled to severance pay in an amount equal to one (1accordance with Clause 13.2(b) week's pay for every year of service or major part thereofabove. (3) An employee covered by the provisions contained in subsections (1) and (2) above will not receive an amount greater than nine (9) months' current salary.

Appears in 1 contract

Samples: Collective Agreement

Options Upon Layoff. A laid off regular employee affected by a layoff may choose, by indicating to the Employer in writing, choose one of the following options in the following sequenceoptions: (1a) Bump Fill a junior employee in a lower classification in the same Classification Series within the seniority block. In doing so he must have the necessary qualifications to perform the job. (2) Bump the junior employee in another Classification Series within the seniority block. In doing so he must bump into an equivalent or lower classification, vacancy provided he has the necessary qualifications to perform the job. The An employee who bumps in accordance with (1) and (2) above will not have his salary reduced. However, such employee shall not receive negotiated salary increases until the salary of the employee's new classification equals or exceeds the salary which the employee is receiving. (b) Opt to be placed on a recall list for a period of eighteen (18) months for the purpose of recall to a position within his seniority block for which the employee is qualified after a period of familiarization. If this option is selected, no severance pay will be paid. (c) Opt for severance pay as per the following: (1) A regular employee who, at the time of layoff, has service of three (3) years or more shall seniority will be entitled to an amount calculated pursuant to paid relocation expenses. (ib) through (iii) belowOpt for severance pay for that period in the employ of the Province of British Columbia, Bel and VSA Highway Maintenance as follows: (i1) for the first an employee with one (1) year of completed employment, three (3) weeks' current salary; (ii2) for the second year employees with two (2) years of completed employment, three six (36) weeks' current salary; (iii3) for each completed year thereafter, one-half (½) month's current salary. (2) A regular employee who, at the time of layoff, has service of less than three (3) years shall be entitled to severance pay in an amount equal to one (1) week's pay for every year of service or major part thereof. (3) . An employee covered by the provisions contained in subsections (1) and (2) above will not receive an amount greater than nine (9) months' current salary. (c) Opt for placement on a recall list for a period of one (1) year for recall to a position within the assembly point. Recall of employees will be in order of service seniority within an assembly point, providing the employee is qualified to perform the work available after a period of familiarization. (d) Opt for early retirement where an employee is age fifty-five (55) years or older. Where an employee opts for early retirement he will receive the appropriate severance pay pursuant to (b) above, and will be entitled to use these funds to receive additional pensionable service equivalent in value as determined by the Pension Plan. Benefits under this provision shall not exceed the time limit that would be required to reach the employee's maximum retirement age. (e) An employee who transferred from the Provincial Government October 21, 1988 who is laid off during the term of the Agreement, who is not eligible for escrowed provincial government severance pay, will be eligible to use his full seniority as provided in Article 11 for severance entitlement, notwithstanding, an employee will not receive an amount greater than nine (9) months' current salary. This payment will be subject to any monies received under MOU #8 between the Government of British Columbia and the B.C. Government and Service Employees' Union. (f) Severance pay in (b) above is not payable by VSA Highway Maintenance Ltd. to employees in Contract Area 12 in the event that: (1) VSA Highway Maintenance Ltd. ceases operations of highway and bridge maintenance in Contract Area 12, including the decision of VSA or the Government of British Columbia not to renew their contract for highway and bridge maintenance in Xxxx 00; and (i) operations of highway and bridge maintenance in Area 12 reverts to the Government of British Columbia; or (ii) another contractor assumes the operation of highway and bridge maintenance in Area 12 and that contractor is a successor Employer to VSA Highway Maintenance Ltd. pursuant to Section 35 of the Labour Relations Code and/or this Agreement. (g) Severance pay is payable by VSA Highway Maintenance Ltd., to employees in Contract Area 12 in the event that: (1) VSA Highway Maintenance Ltd. ceases operations of highway and bridge maintenance in Contract Area 12, including the decision of VSA or the Government of British Columbia not to renew their contract for highway and bridge maintenance in Xxxx 00; and (i) another contractor assumes operation of highway and bridge maintenance in Area 12 and that contractor is not a successor Employer to VSA Highway Maintenance Ltd. pursuant to Section 35 of the Labour Relations Code and/or this Agreement. (ii) In the event of (g)(1)(i) above VSA will be obligated to pay severance pay only to the extent of any difference between the amount of severance pay under Article 13 of this Agreement and the amount of any severance paid to an employee pursuant to Memorandum of Understanding #8 of the Master Agreement between the Government of British Columbia and the B.C. Government and Service Employees' Union.

Appears in 1 contract

Samples: Collective Agreement

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