POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process. 23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work. 23.03 The Employer shall give a permanent Employee and the Union at least ninety (90) calendar days prior written notice that the Employee's position is to be abolished. 23.04 The Employee may resign in writing and receive pay at the Employee’s regular rate in lieu of part of the notice specified in Clause 23.03 to a maximum of two (2) months’ pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 expires, however, if the Employee resigns and retires before the end of the notice period, the Employee shall not receive pay in lieu of notice. 23.05 A permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, shall be entitled to the rights set out in the following clauses. 23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC or with any successor employer, shall be eligible for: (a) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees of all such available positions; (b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC by operating competitions limited exclusively to such Employees; (c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLC; (d) Employee(s) released from AGLC under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions. (e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue. 23.07 If a permanent Employee is released from AGLC pursuant to Clause 23.06 (c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee becomes a casual Employee and the displaced casual Employee will be immediately released from AGLC. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day period. 23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.06, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority. 23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee was receiving upon the date of position abolishment shall have the Employee’s salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s existing salary rate. 23.10 An Employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day period. 23.11 An Employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.06. 23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.06, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual. 23.13 During the period of notice of position abolishment pursuant to Clause 23.03, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer. 23.14 At the end of the vesting period, an Employee who was released from AGLC pursuant to this Article and who is no longer employed by AGLC in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary. 23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under Clause 23.06 (d) and elect to receive severance pay at the time the Employee is released that they would have been eligible to receive under Clause 23.13.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
POSITION ABOLISHMENT. 23.01 In lieu of Article 23 the following shall apply:
(a) The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment work assignment elimination process.
23.02 (b) The Employer shall give a part-time Employee, whose assignment has been on-going, and the Union at least ninety (90) calendar days prior written notice that the Employee’s part-time assignment is being eliminated.
(c) Where two (2) or more permanent part-time Employees who are performing the same or similar functions in the same job classification within a single Division, branch and work location have their positions abolished on-going assignments eliminated, they shall be abolished eliminated in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 The Employer shall give a permanent Employee and the Union at least ninety (90d) calendar days prior written notice that the Employee's position is to be abolished.
23.04 The Employee may resign in writing and receive pay at the Employee’s his regular rate in lieu of part of the notice specified in Clause 23.03 (b) to a maximum of two (2) months’ paymonths pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled work. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 (b) expires, however. However, if the Employee resigns and retires before the end of the notice period, the Employee he shall not receive pay in lieu of notice.
23.05 (e) A permanent part-time Employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishmentelimination, and who has not resigned in writing or retired, pursuant to Clause 23.03(d), shall be entitled to the rights set out in the following clauses.
23.06 (f) An Employee whose position is declared abolished on-going part-time assignment has been eliminated and for whom the Employer has not arranged ongoing part-time employment within AGLC the Alberta Gaming and Liquor Commission or with any successor employer, employer shall be eligible for:
(ai) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions part-time assignments in the division and work unit through competitions limited exclusively to those Employees whose positions part-time assignments have been declared abolishedeliminated. The Employer shall undertake to notify those Employees of all such available positions;assignments.
(bii) where no alternative position assignment is available to the Employee of each abolished position under (a)being eliminated, the Employer shall fill all available comparable positions on-going part-time assignments throughout AGLC the Commission by operating competitions limited exclusively to such part-time Employees;
(ciii) where no alternate position assignment is found for one (1) or more Employees under paragraph (bii), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLCthe Commission;
(div) Employee(s) released from AGLC the Commission under paragraph (ciii) shall be vested with the right to be appointed to the first available comparable position(son-going part-time assignments(s) through competition limited exclusively to such Employee(s); such . The vesting to will last one hundred and eighty ten (18010) full consecutive calendar days bi- weekly pay periods commencing with the day following the release of the Employee(s); the ) and shall run concurrent with clause 45.21. The Employer shall undertake to notify those Employees of all such available positions.assignment
(ev) during the one hundred and eighty ten (18010) day vesting full consecutive bi-weekly pay period of vesting, an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue. Prior arrangements for the payment of the Employee premium of contributory benefits shall be made prior to the vesting period commencing.
23.07 (g) If a permanent part-time Employee is released from AGLC the Commission pursuant to Clause 23.06 (ce)(iii), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee he becomes a casual Employee and the displaced casual Employee will be immediately released from AGLCthe Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d) e)(iv), continue to apply for the ten (10) full one hundred and eighty (180) calendar day periodconsecutive bi- weekly pay periods.
23.08 (h) When competitions limited to part-time Employees whose positions on-going part-time assignments have been declared abolished eliminated and are held pursuant to Clause 23.06(e), the division in which the available position assignment is located, shall fill the position assignment from amongst those part-time Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(sassignment(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions the assignment in order of their seniority.
23.09 (i) Under the application of this Article, an Employee placed into a position an assignment which has a maximum salary rate less than the salary rate the Employee he was receiving upon the date of position abolishment assignment eliminated shall have the Employee’s his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position assignment equals or surpasses the Employee’s his existing salary rate.
23.10 (j) An Employee Employee, who accepts a position part-time assignment with a lower maximum salary pursuant to Clause 23.08(i), shall have the vested rights set out in 23.06 (de)(iv) continue to apply for the ten (10) full one hundred and eighty (180) calendar day periodconsecutive bi-weekly pay periods.
23.11 (k) An Employee who refuses without good and satisfactory reason to accept an alternate permanent positionon-going part-time assignment, with the same or a higher maximum salary as the position, the Employee assignment he was in upon position abolishmentat elimination, shall forfeit all vested rights pursuant to Clause 23.06(f`).
23.12 (l) All reasonable associated expenses involving relocation, pursuant to Clause 23.07(h), or competitions pursuant to Clause 23.06(f), shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
23.13 (m) During the period of notice of position abolishment elimination pursuant to Clause 23.03(b), the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 (n) At the end of the vesting period, an Employee who was released from AGLC the Commission pursuant to this Article and who is no longer employed by AGLC in the Commission in any capacity may be is eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary.
23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under Clause 23.06 (d) and elect to receive severance pay at the time the Employee is released that they would have been eligible to receive under Clause 23.13.Clause
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process.
23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 The Employer shall give a permanent Employee employee and the Union at least ninety (90) calendar days prior written notice that the Employeeemployee's position is to be abolished.
23.04 23.03 The Employee employee may resign in writing and receive pay at the Employee’s his regular rate in lieu of part of the notice specified in Clause 23.03 23.02 to a maximum of two (2) months’ months pay. If eligible, the Employee employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 Xxxxxx 23.02 expires, however, if the Employee employee resigns and retires before the end of the notice period, the Employee he shall not receive pay in lieu of notice.
23.05 23.04 A permanent Employee employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, shall be entitled to the rights set out in the following clauses.
23.06 23.05 An Employee employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC the Alberta Gaming and Liquor Commission or with any successor other employer, shall be eligible for:
(a) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees employees of all such available positions;
(b) where no alternative position is available to the Employee employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC the Commission by operating competitions limited exclusively to such Employeesemployees;
(c) where no alternate position is found for one (1) or more Employees employees under paragraph (b), and the written notice period has expired for such Employee(semployee(s), said Employee(semployee(s) may be released from AGLCthe Commission;
(d) Employee(semployee(s) released from AGLC the Commission under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(semployee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(semployee(s); the Employer shall undertake to notify those Employees employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee employee shall be eligible to continue to be covered in the Alberta Health Care Plan, the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee employee premium contributions for these benefits, if applicable, shall continue.
23.07 23.06 If a permanent Employee employee is released from AGLC the Commission pursuant to Clause 23.06 (c23.05(c), and there is a casual Employee employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee employee may be offered such casual employment, provided the released Employee employee is qualified and able to perform the available work. If the released Employee employee accepts such casual employment, the Employee he becomes a casual Employee employee and the displaced casual Employee employee will be immediately released from AGLCthe Commission. An Employee employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) 180 calendar day period.
23.08 23.07 When competitions limited to Employees employees whose positions have been declared abolished are held pursuant to Clause 23.0623.05, the division in which the available position is located, shall fill the position from amongst those Employees employees to whom the competition is limited, provided that at least one (1) of the Employees employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 23.08 Under the application of this Article, an Employee employee placed into a position which has a maximum salary rate less than the salary rate the Employee he was receiving upon the date of position abolishment shall have the Employee’s his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s his existing salary rate.
23.10 23.09 An Employee employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) 180 calendar day period.
23.11 23.10 An Employee employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee position he was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.0623.05.
23.12 23.11 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.0623.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Human Resources Policies and Procedures Manual.
23.13 23.12 During the period of notice of position abolishment pursuant to Clause 23.0323.02, the Employer will allow the affected Employee employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 23.13 At the end of the vesting period, an Employee employee who was released from AGLC the Commission pursuant to this Article and who is no longer employed by AGLC in the Commission in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, Employees who at the end of the vesting period are still employed by AGLC in the Commission in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. Severance pay will not be paid to an Employee employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary.
23.15 23.14 Notwithstanding other provisions of this Article, an Employee employee who is released from the Employer may choose to waive the Employee’s his vested right under Clause 23.06 (d23.05(d) and elect to receive severance pay at the time the Employee he is released that they he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Bargaining Agreement
POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process.
23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single Division, branch and work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 The Employer shall give a permanent Employee and the Union at least ninety (90) calendar days prior written notice that the Employee's position is to be abolished.
23.04 The Employee may resign in writing and receive pay at the Employee’s his regular rate in lieu of part of the notice specified in Clause 23.03 23.02 to a maximum of two (2) months’ months pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 23.02 expires, however, if the Employee resigns and retires before the end of the notice period, the Employee he shall not receive pay in lieu of notice.
23.05 A permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, shall be entitled to the rights set out in the following clauses.
23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC the Alberta Gaming and Liquor Commission or with any successor employer, shall be eligible for:
(a) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees of all such available positions;
(b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC the Commission by operating competitions limited exclusively to such Employees;
(c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLCthe Commission;
(d) Employee(s) released from AGLC the Commission under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue.
23.07 If a permanent Employee is released from AGLC the Commission pursuant to Clause 23.06 (c23.05(c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee he becomes a casual Employee and the displaced casual Employee will be immediately released from AGLCthe Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.0623.05, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee he was receiving upon the date of position abolishment shall have the Employee’s his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s his existing salary rate.
23.10 An Employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.11 An Employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee position he was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.0623.05.
23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.0623.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
23.13 During the period of notice of position abolishment pursuant to Clause 23.0323.02, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 At the end of the vesting period, an Employee who was released from AGLC the Commission pursuant to this Article and who is no longer employed by AGLC in the Commission in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in the Commission in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-non- permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary.
23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s his vested right under Clause 23.06 (dXxxxxx 23.05(d) and elect to receive severance pay at the time the Employee he is released that they he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Bargaining Agreement
POSITION ABOLISHMENT. 23.01 19.01 Should the Employer find it necessary to abolish a position which is covered by this Collective Agreement, the Employer shall provide written notification to the affected Employee and the Union noting what positions are being abolished and the date such abolishment is to occur. The Union and the Employer will make a meet and discuss reasonable effort measures to effect reductions in protect the work force through attrition prior to and during interests of Employees so affected. Further:
(a) In the event notice of position abolishment process.
23.02 Where two (2) or more permanent is given under this Article and where alternate comparable employment with the Employer is not arranged, any Employees who are performing the same or similar functions in the same job classification within a single work location have their occupying such positions abolished they shall be abolished in terminated. However, the Employees affected shall be determined by reverse order of seniority provided those retained are qualified and able shall receive the following termination benefits:
(i) employees shall receive one (1) month notice for each full year of continuous employment to perform a maximum of twelve (12) months. Partial years of service shall be prorated accordingly in the available work.
23.03 The Employer shall give a permanent Employee and calculation of notice. At the Union at least ninety (90) calendar days prior written notice that the Employee's position is to Employer’s option, Employees may be abolished.
23.04 The given pay in lieu of notice. An affected Employee may resign in writing at any time during the notice period and receive termination pay at the Employee’s regular rate in lieu of part of the notice specified in Clause 23.03 to a maximum of two (2) months’ pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 expires, however, if the Employee resigns and retires before the end for any remaining portion of the notice period, the Employee shall not receive pay in lieu of notice.; and
23.05 A permanent Employee who has more (ii) employees with less than one (1) year of continuous employment immediately preceding service shall be provided notice or pay in lieu of notice prorated based on the above noted formula. In the event the Employee works the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, shall be entitled to the rights set out in the following clauses.
23.06 An Employee whose position is declared abolished and for whom period the Employer has not arranged ongoing employment within AGLC or may, with any successor employer, shall be eligible for:
(a) during the first two (2) weeks concurrence of the written notice periodEmployee, assign such Employee duties of a classification other than the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees of all such available positions;Employee’s normal classification.
(b) where no alternative position If a job is available secured at a lower paid classification the Employee’s rate of pay shall be red-circled for a period of twelve (12) months from the date the Employee is placed into the lower paid classification, after which, the Employee’s rate of pay shall be adjusted to the Employee rate within the lower paid classification which most closely corresponds with the red-circled rate of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC by operating competitions limited exclusively to such Employees;pay.
(c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLC;
(d) Employee(s) released from AGLC under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); If the Employer shall undertake to notify those Employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue.
23.07 If a permanent Employee is released from AGLC pursuant to Clause 23.06 (c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, rehires the Employee becomes a casual Employee and the displaced casual Employee will be immediately released from AGLC. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.06, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee was receiving upon the date of position abolishment shall have the Employee’s salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s existing salary rate.
23.10 An Employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.11 An Employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.06.
23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.06, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
23.13 During during the period of notice or severance for which the Employer has made payment of position abolishment pursuant to Clause 23.03severance or in lieu of notice in accordance with this part, the Employee shall repay to the Employer will allow the affected Employee a reasonable amount difference, if any, in money based upon the difference in time between the period of unemployment, and the length of time off with pay to be interviewed by prospective employers outside the Employerfor which payment of severance or in lieu of notice was made.
23.14 At the end of the vesting period, an Employee who was released from AGLC pursuant to this Article and who is no longer employed by AGLC in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary.
23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under Clause 23.06 (d) and elect to receive severance pay at the time the Employee is released that they would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process.
23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single Division, branch and work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 The Employer shall give a permanent Employee and the Union at least ninety (90) calendar days prior written notice that the Employee's position is to be abolished.
23.04 The Employee may resign in writing and receive pay at the Employee’s his regular rate in lieu of part of the notice specified in Clause 23.03 23.02 to a maximum of two (2) months’ months pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 23.02 expires, however, if the Employee resigns and retires before the end of the notice period, the Employee he shall not receive pay in lieu of notice.
23.05 A permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, shall be entitled to the rights set out in the following clauses.
23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC the Alberta Gaming and Liquor Commission or with any successor employer, shall be eligible for:
(a) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees of all such available positions;
(b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC the Commission by operating competitions limited exclusively to such Employees;
(c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLCthe Commission;
(d) Employee(s) released from AGLC the Commission under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue.
23.07 If a permanent Employee is released from AGLC the Commission pursuant to Clause 23.06 (c23.05(c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee he becomes a casual Employee and the displaced casual Employee will be immediately released from AGLCthe Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.0623.05, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee he was receiving upon the date of position abolishment shall have the Employee’s his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s his existing salary rate.
23.10 An Employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.11 An Employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee position he was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.0623.05.
23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.0623.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
23.13 During the period of notice of position abolishment pursuant to Clause 23.0323.02, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 At the end of the vesting period, an Employee who was released from AGLC the Commission pursuant to this Article and who is no longer employed by AGLC in the Commission in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in the Commission in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-non- permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary.
23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s his vested right under Clause 23.06 (d23.05(d) and elect to receive severance pay at the time the Employee he is released that they he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Bargaining Agreement
POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process.
23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 13.01 The Employer shall give a permanent Continuous Employee and the Union his Association at least ninety one hundred and twenty (90120) calendar days prior written notice that the Employee's position his employment in his current job is to be abolishedterminated. The Employer shall provide a copy of the written notice to the Association.
23.04 13.02 During the notice period the Employer shall attempt to place affected Employees in comparable employment at no loss of pay or benefits. For position(s) agreed to by the Employer and the Association, and for locations outlined in the Isolation Modifier regulation, the Employee has the choice of taking the comparable employment or accepting severance.
13.03 The Employee may resign in writing and receive pay at the Employee’s his regular rate in lieu of part of the notice specified in Clause 23.03 13.01 to a maximum of two (2) months’ month's pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement Act. Retirement is to be effective on or after the date notice expires, pursuant to Clause 23.03 expires, 13.01; however, if the Employee resigns and retires before the end of the notice period, the Employee he shall not receive pay in lieu of notice.
23.05 13.04 A permanent continuous Employee who whose job has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, become redundant shall be entitled vested with the right to be appointed to the rights set out in first available, comparable job through competition limited to such Employees, such vesting to last twelve (12) months commencing with the day following clauses.
23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC or with any successor employer, shall be eligible for:
(a) during the first two (2) weeks release of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolishedEmployee. The Employer shall undertake to notify those Employees of all such available positions;
(b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC by operating competitions limited exclusively to such Employees;
(c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLC;
(d) Employee(s) released from AGLC under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue.
23.07 If a permanent Employee is released from AGLC pursuant to Clause 23.06 (c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee becomes a casual Employee and the displaced casual Employee will be immediately released from AGLC. An Employee who accepts casual employment pursuant chooses to this Clause be vested shall have not be entitled to severance pay until the vested rights set out in Clause 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day periodvesting period has expired.
23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.06, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee was receiving upon the date of position abolishment shall have the Employee’s salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s existing salary rate.
23.10 13.05 An Employee who accepts a position with a lower maximum salary pursuant is released and is no longer employed in the College in any capacity may, by written notice to Clause 23.08the Director, shall have Human Resource Services, elect to waive the vested rights set out in 23.06 (d) continue provided under clause 13.04, and may elect to apply for receive at the full one hundred and eighty (180) calendar day periodtime of release the severance pay that the Employee would be entitled to under clause 13.06.
23.11 An 13.06 A Continuous Employee who refuses has more than two years of ongoing employment, without good and satisfactory reason to accept an alternate permanent positiona break, with immediately preceding the same or a higher maximum salary as the position, the Employee was in upon notice of position abolishment, shall forfeit all vested rights pursuant be entitled to Clause 23.06.
23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.06, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as provisions set out in the Corporate Policies and Procedures Manual.
23.13 During the period of notice of position abolishment pursuant to Clause 23.03, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 At the end of the vesting period, an Employee who was released from AGLC pursuant to this Article and who is no longer employed by AGLC in any capacity may be eligible for severance pay pursuant to Article 20, Severance Payfollowing schedule. Employees, who at the end of the vesting period are still employed by AGLC in some capacity other than a permanent position, These provisions shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who accepted or refused an alternate position employment at no loss in salary.
23.15 Notwithstanding other provisions . Full Years of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under Clause 23.06 (d) and elect to receive severance pay Ongoing Employment Weeks of Pay at the time the Employee is released that they would have been eligible to receive under Clause 23.13.Regular Rate of Pay
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process.
23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 13.1 The Employer shall give a permanent Continuous Employee and the Union their Association at least ninety one hundred and twenty (90120) calendar days prior written notice that the Employee's position their employment in their current job is to be abolishedterminated. The Employer shall provide a copy of the written notice to the Association.
23.04 13.2 During the notice period the Employer shall attempt to place affected Employees in comparable employment at no loss of pay or benefits. For position(s) agreed to by the Employer and the Association, and for locations outlined in the Isolation Modifier regulation, the Employee has the choice of taking the comparable employment or accepting severance.
13.3 The Employee may resign in writing and receive pay at the Employee’s their regular rate in lieu of part of the notice specified in Clause 23.03 13.1 to a maximum of two (2) months’ pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement Act. Retirement is to be effective on or after the date notice expires, pursuant to Clause 23.03 expires, 13.1; however, if the Employee resigns and retires before the end of the notice period, the Employee shall not receive pay in lieu of notice.
23.05 13.4 A permanent continuous Employee who whose job has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, become redundant shall be entitled vested with the right to be appointed to the rights set out in first available, comparable job through competition limited to such Employees, such vesting to last twelve (12) months commencing with the day following clauses.
23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC or with any successor employer, shall be eligible for:
(a) during the first two (2) weeks release of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolishedEmployee. The Employer shall undertake to notify those Employees of all such available positions;
(b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC by operating competitions limited exclusively to such Employees;
(c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLC;
(d) Employee(s) released from AGLC under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue.
23.07 If a permanent Employee is released from AGLC pursuant to Clause 23.06 (c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee becomes a casual Employee and the displaced casual Employee will be immediately released from AGLC. An Employee who accepts casual employment pursuant chooses to this Clause be vested shall have not be entitled to severance pay until the vested rights set out in Clause 23.06 (d) continue to apply for the full one hundred and eighty (180) calendar day periodvesting period has expired.
23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.06, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee was receiving upon the date of position abolishment shall have the Employee’s salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s existing salary rate.
23.10 13.5 An Employee who accepts a position with a lower maximum salary pursuant is released and is no longer employed in the College in any capacity may, by written notice to Clause 23.08the Senior Director, shall have Human Resources, elect to waive the vested rights set out in 23.06 (d) continue provided under clause 13.4, and may elect to apply for receive at the full one hundred and eighty (180) calendar day periodtime of release the severance pay that the Employee would be entitled to under clause 13.6.
23.11 An 13.6 A Continuous Employee who refuses has more than two years of ongoing employment, without good and satisfactory reason to accept an alternate permanent positiona break, with immediately preceding the same or a higher maximum salary as the position, the Employee was in upon notice of position abolishment, shall forfeit all vested rights pursuant be entitled to Clause 23.06.
23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.06, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as provisions set out in the Corporate Policies and Procedures Manual.
23.13 During the period of notice of position abolishment pursuant to Clause 23.03, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 At the end of the vesting period, an Employee who was released from AGLC pursuant to this Article and who is no longer employed by AGLC in any capacity may be eligible for severance pay pursuant to Article 20, Severance Payfollowing schedule. Employees, who at the end of the vesting period are still employed by AGLC in some capacity other than a permanent position, These provisions shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who accepted or refused an alternate position employment at no loss in salary.
23.15 Notwithstanding other provisions . Full Years of this Article, an Employee who is released from the Employer may choose to waive the Employee’s vested right under Clause 23.06 (d) and elect to receive severance pay Ongoing Employment Weeks of Pay at the time the Employee is released that they would have been eligible to receive under Clause 23.13.Regular Rate of Pay 13 plus 43
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the position abolishment process.
23.02 Where two (2) or more permanent Employees who are performing the same or similar functions in the same job classification within a single Division, branch and work location have their positions abolished they shall be abolished in reverse order of seniority provided those retained are qualified and able to perform the available work.
23.03 The Employer shall give a permanent Employee and the Union at least ninety (90) calendar days prior written notice that the Employee's position is to be abolished.
23.04 The Employee may resign in writing and receive pay at the Employee’s his regular rate in lieu of part of the notice specified in Clause 23.03 23.02 to a maximum of two (2) months’ months pay. If eligible, the Employee may retire pursuant to the Public Service Pension Plans Act with such retirement to be effective on or after the date notice pursuant to Clause 23.03 23.02 expires, however, if the Employee resigns and retires before the end of the notice period, the Employee he shall not receive pay in lieu of notice.
23.05 A permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of position abolishment, and who has not resigned in writing or retired, pursuant to Clause 23.03, shall be entitled to the rights set out in the following clauses.
23.06 An Employee whose position is declared abolished and for whom the Employer has not arranged ongoing employment within AGLC the Alberta Gaming and Liquor Commission or with any successor employer, shall be eligible for:
(a) during the first two (2) weeks of the written notice period, the division shall fill all available comparable positions in the division and work unit through competitions limited exclusively to those Employees whose positions have been declared abolished. The Employer shall undertake to notify those Employees of all such available positions;
(b) where no alternative position is available to the Employee of each abolished position under (a), the Employer shall fill all available comparable positions throughout AGLC the Commission by operating competitions limited exclusively to such Employees;
(c) where no alternate position is found for one (1) or more Employees under paragraph (b), and the written notice period has expired for such Employee(s), said Employee(s) may be released from AGLCthe Commission;
(d) Employee(s) released from AGLC the Commission under paragraph (c) shall be vested with the right to be appointed to the first available comparable position(s) through competition limited exclusively to such Employee(s); such vesting to last one hundred and eighty (180) consecutive calendar days commencing with the day following the release of the Employee(s); the Employer shall undertake to notify those Employees of all such available positions.
(e) during the one hundred and eighty (180) day vesting period an Employee shall be eligible to continue to be covered in the Dental Plan, Extended Medical Care and Group Life Insurance and Group Accidental Death and Dismemberment Benefits Plans. The Employer and Employee premium contributions for these benefits, if applicable, shall continue.
23.07 If a permanent Employee is released from AGLC the Commission pursuant to Clause 23.06 (c23.05(c), and there is a casual Employee employed in the same work unit, as designated by the division, performing the same or similar functions within the same classification, the released Employee may be offered such casual employment, provided the released Employee is qualified and able to perform the available work. If the released Employee accepts such casual employment, the Employee he becomes a casual Employee and the displaced casual Employee will be immediately released from AGLCthe Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in Clause 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.08 When competitions limited to Employees whose positions have been declared abolished are held pursuant to Clause 23.0623.05, the division in which the available position is located, shall fill the position from amongst those Employees to whom the competition is limited, provided that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available position(s) or has the potential for training on the job. Where two (2) or more Employees have relatively equal qualifications, they shall be eligible for positions in order of their seniority.
23.09 Under the application of this Article, an Employee placed into a position which has a maximum salary rate less than the salary rate the Employee he was receiving upon the date of position abolishment shall have the Employee’s his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new position equals or surpasses the Employee’s his existing salary rate.
23.10 An Employee who accepts a position with a lower maximum salary pursuant to Clause 23.08, shall have the vested rights set out in 23.06 (d23.05(d) continue to apply for the full one hundred and eighty (180) calendar day period.
23.11 An Employee who refuses without good and satisfactory reason to accept an alternate permanent position, with the same or a higher maximum salary as the position, the Employee position he was in upon position abolishment, shall forfeit all vested rights pursuant to Clause 23.0623.05.
23.12 All reasonable associated expenses involving relocation, pursuant to Clause 23.07, or competitions pursuant to Clause 23.0623.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
23.13 During the period of notice of position abolishment pursuant to Clause 23.0323.02, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
23.14 At the end of the vesting period, an Employee who was released from AGLC the Commission pursuant to this Article and who is no longer employed by AGLC in the Commission in any capacity may be eligible for severance pay pursuant to Article 20, Severance Pay. Employees, who at the end of the vesting period are still employed by AGLC in the Commission in some capacity other than a permanent position, shall be eligible for severance pay pursuant to Article 20, Severance Pay when such non-permanent nonpermanent employment terminates. Severance pay will not be paid to an Employee who was dismissed, resigned, retired, or who refused an alternate position at no loss in salary.
23.15 Notwithstanding other provisions of this Article, an Employee who is released from the Employer may choose to waive the Employee’s his vested right under Clause 23.06 (d23.05(d) and elect to receive severance pay at the time the Employee he is released that they he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Agreement