Common use of ORGANIZATIONAL OR TECHNOLOGICAL CHANGES Clause in Contracts

ORGANIZATIONAL OR TECHNOLOGICAL CHANGES. 25.1 When the Employer is proposing the introduction or implementation of technological or organizational change which may result in employees/positions being declared surplus/redundant: (a) The Employer agrees to notify the Union as far as possible in advance of its intentions and to update the information provided as new developments arise and modifications are made. (b) The foregoing not withstanding, the Employer shall provide the Union in advance of the organizational and/or technological change, with the detailed description of the project it intends to carry out and the intended effects on employees/positions within the organization. 25.2 The incumbent in any position which has been declared surplus or redundant, as a result of organizational or technological changes may be placed in a position which is vacant on the establishment of the Employer, without competition. 25.3 If this is not possible, and if a vacancy exists for which the employee can be retrained by the Employer within a period of six (6) months, the Employer shall retrain the employee for the position. This option shall be subject to the agreement of the employee. 25.4 If no vacancy exists in which the employee may be placed (or retrained within six (6) months pursuant to Clause 25.3), the Employer may place the employee in a lower level position. In such a case, the employee would maintain his/her rate of pay. As increases in pay are negotiated, the employee would be entitled to receive only one-half (½) the negotiated increase until the employee's higher rate of pay falls within the pay band of the position he/she was placed. If, after three (3) years from the date of placement into the lower level position, the employee is continuing to receive a salary in excess of the salary that corresponds to the lower level position, he/she shall immediately be placed at the maximum of his/her position's pay band. 25.5 If neither of 25.2 or 25.3 is possible and the employee has not accepted a placement, if available, in accordance with 25.4, the employee may exercise his seniority rights in accordance with the lay off provision in this Collective Agreement, although it is recognized that this is not a lay off, as defined in the Collective Agreement. 25.6 Should the employee not be placed in accordance with Clause 25.2 or Clause 25.3 nor accept a placement into a lower level position in accordance with Clause 25.4, and should the employee not exercise his/her rights under Clause 25.5, then the employee shall be entitled to the separation allowance outlined in this Collective Agreement as well as notice or pay in lieu of notice of: (a) More than one (1) but less than three (3) years continuous service, payout of two (2) months' pay; (b) Three (3) but less than five (5) years continuous service, a payout of three (3) months' pay; (c) Five (5) but less than eleven (11) years continuous service, a payout of four (4) months' pay; (d) Eleven (11) but less than sixteen (16) years continuous service, a payout of six (6) months' pay; (e) Sixteen (16) but less than twenty (20) years continuous service, a payout of ten (10) months' pay; (f) Twenty (20) but less than twenty-five (25) years of continuous service, a payout of fourteen (14) months' pay; (g) Twenty-five (25) or more years continuous service, a payout of eighteen (18) months' pay. Payment shall be made at the rate of pay the employee was earning when the position became redundant. 26.1 It is agreed that no right, benefit or privilege enjoyed or possessed but not set down in this Agreement shall be altered or revoked without the consent of the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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ORGANIZATIONAL OR TECHNOLOGICAL CHANGES. 25.1 24.1 When the Employer is proposing the introduction or implementation of technological or organizational change which may result in employees/positions being declared surplus/redundant: (a) The Employer agrees to notify the Union as far as possible in advance of its intentions and to update the information provided as new developments arise and modifications are made. (b) The foregoing not withstandingnotwithstanding, the Employer shall provide the Union in advance of the organizational and/or technological change, with the detailed description of the project it intends to carry out and the intended effects on employees/positions within the organization. 25.2 24.2 The incumbent in any position which has been declared surplus or redundant, as a result of organizational or technological changes may be placed in a any vacant position which is vacant on at the establishment of the Employer, employee’s classification level or below without competition. 25.3 24.3 If this is not possible, and if a vacancy exists for which the employee can be retrained by the Employer within a period of six (6) months, the Employer shall retrain the employee for the position. This option shall be subject to the agreement of the employee. 25.4 24.4 If no vacancy exists in which the employee may be is placed (or retrained within six (6) months pursuant to Clause 25.3), the Employer may place the employee in a lower level position. In such a case, the employee would maintain his/her rate of pay. As increases in pay are negotiated, the employee would be entitled to receive only one-half (½1/2) the negotiated increase until the employee's ’s higher rate of pay falls within the pay band of the position into which he/she was placed. If, after three . (3a) years from the date of placement into the lower level position, the An employee is continuing shall be entitled to receive a salary in excess of the salary that corresponds to the lower level position, he/she shall immediately be placed at the maximum of exercise his/her position's pay bandseniority and displace a junior employee in his/her current classification or lower classification within his/her branch (Main Library is considered a branch and includes employees working at the Xxx Xxxxxxx Xxxxx Building) or displace the most junior employee in that classification within the library system, provided the employee possesses the required qualifications and has the ability to perform the work required. 25.5 If neither of 25.2 or 25.3 is possible and the (b) An employee who has not accepted a placement, if available, in accordance with 25.4, the employee may exercise his seniority exercised his/her rights in accordance with (a) above, shall be able to exercise his/her seniority rights in the lay off provision same manner in this Collective Agreement, although it the next lower classification. (c) This cla use shall apply to every employee affected by Article 24. It is recognized that this is not a lay offlayoff, as defined in the Collective AgreementArticle 12. 25.6 24.6 Should the employee not be placed in accordance with Clause 25.2 clause 24.2 or Clause 25.3 nor clause 24.3, not accept a placement into a lower level position in accordance with Clause 25.4clause 24.4, and should the employee not exercise his/her rights under Clause 25.5clause 24.5, then the employee shall be entitled to the separation allowance outlined in this Collective Agreement as well as notice or receive a severance pay in lieu of notice of: (a) More than one (1) but less than three (3) years continuous service, payout of two (2) months' pay; (b) Three (3) but less than five (5) years continuous serviceweeks pay for each year of service or part thereof, to a payout maximum of three (3) months' pay; (c) Five (5) but less than eleven (11) years continuous service26 weeks, a payout of four (4) months' pay; (d) Eleven (11) but less than sixteen (16) years continuous service, a payout of six (6) months' pay; (e) Sixteen (16) but less than twenty (20) years continuous service, a payout of ten (10) months' pay; (f) Twenty (20) but less than twenty-five (25) years of continuous service, a payout of fourteen (14) months' pay; (g) Twenty-five (25) or more years continuous service, a payout of eighteen (18) months' pay. Payment shall be made at as reflected in the rate of pay the employee was earning when the position became redundant. 26.1 It is agreed that no right, benefit or privilege enjoyed or possessed but not set down Employment Standards Act in this Agreement shall be altered or revoked without the consent effect as of the Unionsigning of this collective agreement.

Appears in 1 contract

Samples: Collective Agreement

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ORGANIZATIONAL OR TECHNOLOGICAL CHANGES. 25.1 24.1 When the Employer is proposing the introduction or implementation of technological or organizational change which may result in employees/positions being declared surplus/redundant: (a) The Employer agrees to notify the Union as far as possible in advance of its intentions and to update the information provided as new developments arise and modifications are made. (b) The foregoing not withstandingnotwithstanding, the Employer shall provide the Union in advance of the organizational and/or technological change, with the detailed description of the project it intends to carry out and the intended effects on employees/positions within the organization. 25.2 24.2 The incumbent in any position which has been declared surplus or redundant, as a result of organizational or technological changes may be placed in a any vacant position which is vacant on at the establishment of the Employer, employee’s classification level or below without competition. 25.3 24.3 If this is not possible, and if a vacancy exists for which the employee can be retrained by the Employer within a period of six (6) months, the Employer shall retrain the employee for the position. This option shall be subject to the agreement of the employee. 25.4 24.4 If no vacancy exists in which the employee may be is placed (or retrained within six (6) months pursuant to Clause 25.3), the Employer may place the employee in a lower level position. In such a case, the employee would maintain his/her rate of pay. As increases in pay are negotiated, the employee would be entitled to receive only one-half (½1/2) the negotiated increase until the employee's ’s higher rate of pay falls within the pay band of the position into which he/she was placed. If, after three . (3a) years from the date of placement into the lower level position, the An employee is continuing shall be entitled to receive a salary in excess of the salary that corresponds to the lower level position, he/she shall immediately be placed at the maximum of exercise his/her position's pay bandseniority and displace a junior employee in his/her current classification or lower classification within his/her branch (Main Library is considered a branch and includes employees working at the Xxx Xxxxxxx Xxxxx Building) or displace the most junior employee in that classification within the library system, provided the employee possesses the required qualifications and has the ability to perform the work required. 25.5 If neither of 25.2 or 25.3 is possible and the (b) An employee who has not accepted a placement, if available, in accordance with 25.4, the employee may exercise his seniority exercised his/her rights in accordance with (a) above, shall be able to exercise his/her seniority rights in the lay off provision same manner in this Collective Agreement, although it the next lower classification. (c) This clause shall apply to every employee affected by Article 24. It is recognized that this is not a lay offlayoff, as defined in the Collective AgreementArticle 12. 25.6 24.6 Should the employee not be placed in accordance with Clause 25.2 clause 24.2 or Clause 25.3 nor clause 24.3, not accept a placement into a lower level position in accordance with Clause 25.4clause 24.4, and should the employee not exercise his/her rights under Clause 25.5clause 24.5, then the employee shall be entitled to the separation allowance outlined in this Collective Agreement as well as notice or receive a severance pay in lieu of notice of: (a) More than one (1) but less than three (3) years continuous service, payout of two (2) months' pay; (b) Three (3) but less than five (5) years continuous serviceweeks pay for each year of service or part thereof, to a payout maximum of three (3) months' pay; (c) Five (5) but less than eleven (11) years continuous service26 weeks, a payout of four (4) months' pay; (d) Eleven (11) but less than sixteen (16) years continuous service, a payout of six (6) months' pay; (e) Sixteen (16) but less than twenty (20) years continuous service, a payout of ten (10) months' pay; (f) Twenty (20) but less than twenty-five (25) years of continuous service, a payout of fourteen (14) months' pay; (g) Twenty-five (25) or more years continuous service, a payout of eighteen (18) months' pay. Payment shall be made at as reflected in the rate of pay the employee was earning when the position became redundant. 26.1 It is agreed that no right, benefit or privilege enjoyed or possessed but not set down Employment Standards Act in this Agreement shall be altered or revoked without the consent effect as of the Unionsigning of this collective agreement.

Appears in 1 contract

Samples: Collective Agreement

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