POSITION ABOLISHMENT. 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 work assignment elimination process. (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 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 on-going assignments eliminated, they shall be eliminated in reverse order of seniority provided those retained are qualified and able to perform the work. (d) The Employee may resign in writing and receive pay at his regular rate in lieu of part of the notice specified in (b) to a maximum of two (2) months 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 (b) expires. However, if the Employee resigns and retires before the end of the notice period, he shall not receive pay in lieu of notice. (e) A part-time Employee who has more than one (1) year of continuous employment immediately preceding the notice of elimination, and who has not resigned in writing or retired, pursuant to (d), shall be entitled to the rights set out in the following clauses. (f) An Employee whose on-going part-time assignment has been eliminated and for whom the Employer has not arranged ongoing part-time employment within the Alberta Gaming and Liquor Commission or with any successor employer shall be eligible for: (i) during the first two (2) weeks of the written notice period, the division shall fill all available comparable part-time assignments in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments have been eliminated. The Employer shall undertake to notify those Employees of all such available assignments. (ii) where no alternative assignment is available to the Employee being eliminated, the Employer shall fill all available comparable on-going part-time assignments throughout the Commission by operating competitions limited exclusively to such part-time Employees; (iii) where no alternate assignment is found for one (1) or more Employees under paragraph (ii), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission; (iv) Employee(s) released from the Commission under (iii) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(s) through competition limited exclusively to such Employee(s). The vesting will last ten (10) full consecutive bi- weekly pay periods commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The Employer shall undertake to notify those Employees of all such available assignment (v) during the ten (10) 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. (g) If a part-time Employee is released from the Commission pursuant to (e)(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e)(iv), continue to apply for the ten (10) full consecutive bi- weekly pay periods. (h) When competitions limited to part-time Employees whose on-going part-time assignments have been eliminated and are held pursuant to (e), the division in which the available assignment is located, shall fill the 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 assignment(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 the assignment in order of their seniority. (i) Under the application of this Article, an Employee placed into an assignment which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment equals or surpasses his existing salary rate. (j) An Employee, who accepts a part-time assignment with a lower maximum salary pursuant to (i), shall have the vested rights set out in (e)(iv) continue to apply for the ten (10) full consecutive bi-weekly pay periods. (k) An Employee who refuses without good and satisfactory reason to accept an alternate on-going part-time assignment, with the same or a higher maximum salary as the assignment he was in upon at elimination, shall forfeit all vested rights pursuant to (f`). (l) All reasonable associated expenses involving relocation, pursuant to (h), or competitions pursuant to (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. (m) During the period of notice of elimination pursuant to (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. (n) At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission in any capacity is eligible for severance pay pursuant to Clause
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
POSITION ABOLISHMENT. In lieu of Article 23 the following shall apply:
(a) 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the work assignment elimination position abolishment process.
(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) 23.02 Where two (2) or more part-time 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 on-going assignments eliminated, positions abolished they shall be eliminated 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 (d90) 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 his regular rate in lieu of part of the notice specified in (b) Clause 23.02 to a maximum of two (2) months pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled workpay. 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 (b) Clause 23.02 expires. However, however, if the Employee resigns and retires before the end of the notice period, he shall not receive pay in lieu of notice.
(e) 23.05 A part-time permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of eliminationposition abolishment, and who has not resigned in writing or retired, pursuant to (d)Clause 23.03, shall be entitled to the rights set out in the following clauses.
(f) 23.06 An Employee whose on-going part-time assignment has been eliminated position is declared abolished and for whom the Employer has not arranged ongoing part-time employment within the Alberta Gaming and Liquor Commission or with any successor employer employer, shall be eligible for:
(ia) during the first two (2) weeks of the written notice period, the division shall fill all available comparable part-time assignments positions in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments positions have been eliminateddeclared abolished. The Employer shall undertake to notify those Employees of all such available assignments.positions;
(iib) where no alternative assignment position is available to the Employee being eliminatedof each abolished position under (a), the Employer shall fill all available comparable on-going part-time assignments positions throughout the Commission by operating competitions limited exclusively to such part-time Employees;
(iiic) where no alternate assignment position is found for one (1) or more Employees under paragraph (iib), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission;
(ivd) Employee(s) released from the Commission under paragraph (iiic) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(sposition(s) through competition limited exclusively to such Employee(s). The ; such vesting will to last ten one hundred and eighty (10180) full consecutive bi- weekly pay periods calendar days commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The ); the Employer shall undertake to notify those Employees of all such available assignmentpositions.
(ve) during the ten one hundred and eighty (10180) full consecutive bi-weekly pay day vesting 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.
(g) 23.07 If a part-time permanent Employee is released from the Commission pursuant to (e)(iiiClause 23.05(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e)(iv), Clause 23.05(d) continue to apply for the ten full one hundred and eighty (10180) full consecutive bi- weekly pay periodscalendar day period.
(h) 23.08 When competitions limited to part-time Employees whose on-going part-time assignments positions have been eliminated and declared abolished are held pursuant to (e)Clause 23.05, the division in which the available assignment position is located, shall fill the assignment position 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 assignment(sposition(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 the assignment positions in order of their seniority.
(i) 23.09 Under the application of this Article, an Employee placed into an assignment a position which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated position abolishment shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment position equals or surpasses his existing salary rate.
(j) 23.10 An Employee, Employee who accepts a part-time assignment position with a lower maximum salary pursuant to (i)Clause 23.08, shall have the vested rights set out in (e)(iv23.05(d) continue to apply for the ten full one hundred and eighty (10180) full consecutive bi-weekly pay periodscalendar day period.
(k) 23.11 An Employee who refuses without good and satisfactory reason to accept an alternate on-going part-time assignmentpermanent position, with the same or a higher maximum salary as the assignment position he was in upon at eliminationposition abolishment, shall forfeit all vested rights pursuant to (f`)Clause 23.05.
(l) 23.12 All reasonable associated expenses involving relocation, pursuant to (h)Clause 23.07, or competitions pursuant to (f)Clause 23.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
(m) 23.13 During the period of notice of elimination position abolishment pursuant to (b)Clause 23.02, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
(n) 23.14 At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission in any capacity is may be eligible for severance pay pursuant to ClauseArticle 20, Severance Pay. Employees, who at the end of the vesting period are still employed 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 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 his vested right under Xxxxxx 23.05(d) and elect to receive severance pay at the time he is released that he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Bargaining Agreement
POSITION ABOLISHMENT. 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 work assignment elimination process.
(b) 13.1 The Employer shall give a part-time Employee, whose assignment has been on-going, Continuous Employee and the Union their Association at least ninety one hundred and twenty (90120) calendar days prior written notice that their employment in their current job is to be terminated. The Employer shall provide a copy of the Employee’s part-time assignment is being eliminatedwritten notice to the Association.
(c13.2 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) Where two (2) or more part-time Employees who are performing agreed to by the same or similar functions Employer and the Association, and for locations outlined in the same job classification within a single DivisionIsolation Modifier regulation, branch and work location have their on-going assignments eliminated, they shall be eliminated in reverse order the Employee has the choice of seniority provided those retained are qualified and able to perform taking the workcomparable employment or accepting severance.
(d) 13.3 The Employee may resign in writing and receive pay at his their regular rate in lieu of part of the notice specified in (b) Clause 13.1 to a maximum of two (2) months pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled workmonths’ 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 (b) expires. HoweverClause 13.1; however, if the Employee resigns and retires before the end of the notice period, he the Employee shall not receive pay in lieu of notice.
(e) 13.4 A part-time continuous Employee who whose job has more than one (1) year of continuous employment immediately preceding the notice of elimination, and who has not resigned in writing or retired, pursuant to (d), 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.
(f) An Employee whose on-going part-time assignment has been eliminated and for whom the Employer has not arranged ongoing part-time employment within the Alberta Gaming and Liquor Commission or with any successor employer shall be eligible for:
(i) during the first two (2) weeks release of the written notice period, the division shall fill all available comparable part-time assignments in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments have been eliminatedEmployee. The Employer shall undertake to notify those Employees of all such available assignments.
(ii) where no alternative assignment is available to the Employee being eliminated, the Employer shall fill all available comparable on-going part-time assignments throughout the Commission by operating competitions limited exclusively to such part-time Employees;
(iii) where no alternate assignment is found for one (1) or more Employees under paragraph (ii), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission;
(iv) Employee(s) released from the Commission under (iii) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(s) through competition limited exclusively to such Employee(s). The vesting will last ten (10) full consecutive bi- weekly pay periods commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The Employer shall undertake to notify those Employees of all such available assignment
(v) during the ten (10) 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.
(g) If a part-time Employee is released from the Commission pursuant to (e)(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commissionpositions. 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 (e)(iv), continue to apply for the ten (10) full consecutive bi- weekly pay periodsvesting period has expired.
(h) When competitions limited to part-time Employees whose on-going part-time assignments have been eliminated and are held pursuant to (e), the division in which the available assignment is located, shall fill the 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 assignment(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 the assignment in order of their seniority.
(i) Under the application of this Article, an Employee placed into an assignment which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment equals or surpasses his existing salary rate.
(j) An Employee, who accepts a part-time assignment with a lower maximum salary pursuant to (i), shall have the vested rights set out in (e)(iv) continue to apply for the ten (10) full consecutive bi-weekly pay periods.
(k) 13.5 An Employee who refuses without good is released and satisfactory reason to accept an alternate on-going part-time assignment, with the same or a higher maximum salary as the assignment he was in upon at elimination, shall forfeit all vested rights pursuant to (f`).
(l) All reasonable associated expenses involving relocation, pursuant to (h), or competitions pursuant to (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.
(m) During the period of notice of elimination pursuant to (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.
(n) At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission College in any capacity is eligible for may, by written notice to the Senior Director, Human Resources, elect to waive the rights provided under clause 13.4, and may elect to receive at the time of release the severance pay pursuant that the Employee would be entitled to Clauseunder clause 13.6.
13.6 A Continuous Employee who has more than two years of ongoing employment, without a break, immediately preceding the notice of position abolishment, shall be entitled to the provisions set out in the following schedule. These provisions shall not be paid to an Employee who was dismissed, resigned, retired, or who accepted or refused alternate employment at no loss in salary. Full Years of Ongoing Employment Weeks of Pay at Regular Rate of Pay 13 plus 43
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. In lieu of Article 23 the following shall apply:
(a) 12.01 The Employer will make provide the Union five (5) work days notice of the abolishment of a reasonable effort to effect reductions in the work force through attrition prior to and during the work assignment elimination processpermanent employee’s position.
(b) 12.02 Upon request by the Union, the Employer will meet to discuss available comparable positions as outlined in Article 12.05 and 12.06. Such request wil be made in writing to Employee Services.
12.03 The Employer shall give a part-time Employee, whose assignment has been on-going, permanent and the Union sessional Employees with less than two (2) years of service at least ninety two (902) calendar days months prior written notice that the Employee’s part-time assignment is being eliminated.
(c) Where or pay in lieu of notice or a permanent or sessional Employee with two (2) or more part-time Employees who are performing years of service, at least three (3) months prior written notice or pay in lieu of notice that the same or similar functions in the same job classification within a single Division, branch and work location have their on-going assignments eliminated, they shall be eliminated in reverse order of seniority provided those retained are qualified and able to perform the workEmployee's position is being abolished.
(d) The 12.04 If the Employee is given notice, the Employee may resign in writing and receive pay at his the Employee's regular rate in lieu of part the unexpired portion of the notice specified in (b) to a maximum of two (2) months pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled workClause 12.03. If eligible, the Employee may retire pursuant to the Public Service Local Authorities Pension Plans Act with such retirement to be effective on or after the date notice pursuant to (b) Clause 12.03 expires. However, if the An Employee resigns and retires before who at the end of the notice periodperiod specified in Clause 12.03 and has not been placed into another position, he shall not receive pay or who has exercised the right to retire or resign under the term of this Clause or has been paid in lieu of noticenotice under the term of Clause 12.03 shall receive severance pay at the Employee's regular rate of two (2) weeks per year of service after five (5) years of service to maximum of forty-eight (48) weeks, plus an additional four (4) weeks pay for twenty (20) or more years of service.
12.05 A permanent Employee who:
(ea) A part-time Employee who has more than one (1) year of continuous employment immediately preceding the notice of eliminationposition abolishment; and,
(b) has the ability to perform the duties and to assume the responsibilities of a comparable position with a comparable salary with the Employer, or the potential for job training that will enable the Employee to perform the duties and who to assume the responsibilities of the comparable position; and,
(c) has not resigned in writing or retiredretired or who has not received severance pay, pursuant to (d), Clause 12.04; shall be entitled to accrue the rights set out in the following clausesClauses.
(f) 12.06 An Employee whose on-going part-time assignment has been eliminated position is declared abolished and for whom the Employer has not arranged ongoing part-time continuing other employment within with the Alberta Gaming and Liquor Commission or with any successor employer Employer shall be eligible for:
(a) payment of the Employee's regular salary when on approved job training pursuant to Sub- Clause 12.05(b); and/or,
(b) for placement through limited competition as follows:
(i) during the first two (2) weeks of the written notice periodperiods pursuant to Clause 12.03, the division department shall fill all available comparable part-time assignments positions in the division and work unit same general functional area through competitions limited exclusively to those Employees whose part-time assignments positions have been eliminateddeclared abolished. The Employer shall undertake to notify those Employees of all such available assignments.positions;
(ii) when an entire unit is ceasing operations, or where no alternative assignment alternate position is available to the Employee being eliminatedof each abolished position under (i), the Employer shall fill all available comparable on-going part-time assignments positions in the same general functional area throughout the Commission Institution by operating competitions limited exclusively to such part-time Employees;
(iii) where no alternate assignment position is found for one (1) or more Employees under paragraph (ii), and the written notice period period(s) pursuant to Clause 12.03 has expired for such Employee(s), said Employee(s) may be released from their employment with the CommissionEmployer;
(iv) Employee(s) released from the Commission their employment under paragraph (iii) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(sposition(s) within the same general functional area through competition limited exclusively to such Employee(s). The ; such vesting will to last ten one hundred and eighty (10180) full consecutive bi- weekly pay periods calendar days commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The ); the Employer shall undertake to notify those Employees Employee(s) of all such available assignmentpositions.
(v) during 12.07 Throughout the ten (10) full consecutive bi-weekly pay period application of vestingthis Article, an Employee Employees shall be eligible to continue to be covered for available positions in the Dental Planorder of qualifications, 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.
(g) If a part-time Employee is released from the Commission pursuant to (e)(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e)(iv), continue to apply for the ten (10) full consecutive bi- weekly pay periods.
(h) When competitions limited to part-time Employees whose on-going part-time assignments have been eliminated and are held pursuant to (e), the division in which the available assignment is located, shall fill the assignment from amongst those part-time Employees to whom the competition is limited, provided except that at least one (1) of the Employees has the ability to perform the duties and to assume the responsibilities of the available assignment(s) or has the potential for training on the job. Where where two (2) or more Employees have relatively equal qualifications, they shall be eligible for the assignment positions in order of their seniority.
(i) 12.08 Under the application of this Article, an Employee placed into an assignment a position which has a maximum salary rate less than the salary rate he the Employee was receiving upon the date of assignment eliminated position abolishment shall have his such salary rate maintained over-range, exclusive of any salary modifier, but inclusive of negotiated over-range adjustments until such time as the negotiated maximum salary rate for the new assignment position equals or surpasses his the Employee's existing salary rate.
(j) 12.09 An Employee, Employee who accepts a part-time assignment position with a lower maximum salary pursuant to (i)Clause 12.08, shall have the retain vested rights set out in (e)(iv) continue pursuant to apply for the ten (10) full consecutive bi-weekly pay periodsClause 12.06.
(k) 12.10 An Employee who refuses without good and satisfactory reason to accept an alternate on-going part-time assignmentposition in the same general functional area, with the same or a higher maximum salary as the assignment he position the Employee was in upon at eliminationposition abolishment, shall forfeit all vested rights pursuant to (f`)Clause 12.06.
(l) 12.11 All reasonable associated expenses involving relocation, related to job training pursuant to (hClause 12.05(b), or competitions pursuant to (f)Clause 12.06, shall be paid by the Employer in accordance with the Subsistence and Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures ManualRegulation.
(m) 12.12 During the period of notice of elimination position abolishment pursuant to (b)Clause 12.03, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the EmployerEmployers.
(n) At 12.13 When an entire unit is to cease operations and several positions are to be abolished, the end Employer will notify the Union and/or Local in advance of any notice being provided to Employees pursuant to Clause 12.03.
12.14 The Employer shall inform the Chair of the vesting period, Local within five (5) working days of issuing a notice to an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission in any capacity is eligible for severance pay pursuant to Clauseof abolishing a Permanent Employee's Position.
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. In lieu of Article 23 the following shall apply:
(a) 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the work assignment elimination position abolishment process.
(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) 23.02 Where two (2) or more part-time 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 on-going assignments eliminated, positions abolished they shall be eliminated 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 (d90) 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 his regular rate in lieu of part of the notice specified in (b) Clause 23.02 to a maximum of two (2) months pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled workpay. 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 (b) Clause 23.02 expires. However, however, if the Employee resigns and retires before the end of the notice period, he shall not receive pay in lieu of notice.
(e) 23.05 A part-time permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of eliminationposition abolishment, and who has not resigned in writing or retired, pursuant to (d)Clause 23.03, shall be entitled to the rights set out in the following clauses.
(f) 23.06 An Employee whose on-going part-time assignment has been eliminated position is declared abolished and for whom the Employer has not arranged ongoing part-time employment within the Alberta Gaming and Liquor Commission or with any successor employer employer, shall be eligible for:
(ia) during the first two (2) weeks of the written notice period, the division shall fill all available comparable part-time assignments positions in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments positions have been eliminateddeclared abolished. The Employer shall undertake to notify those Employees of all such available assignments.positions;
(iib) where no alternative assignment position is available to the Employee being eliminatedof each abolished position under (a), the Employer shall fill all available comparable on-going part-time assignments positions throughout the Commission by operating competitions limited exclusively to such part-time Employees;
(iiic) where no alternate assignment position is found for one (1) or more Employees under paragraph (iib), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission;
(ivd) Employee(s) released from the Commission under paragraph (iiic) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(sposition(s) through competition limited exclusively to such Employee(s). The ; such vesting will to last ten one hundred and eighty (10180) full consecutive bi- weekly pay periods calendar days commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The ); the Employer shall undertake to notify those Employees of all such available assignmentpositions.
(ve) during the ten one hundred and eighty (10180) full consecutive bi-weekly pay day vesting 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.
(g) 23.07 If a part-time permanent Employee is released from the Commission pursuant to (e)(iiiClause 23.05(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e)(iv), Clause 23.05(d) continue to apply for the ten full one hundred and eighty (10180) full consecutive bi- weekly pay periodscalendar day period.
(h) 23.08 When competitions limited to part-time Employees whose on-going part-time assignments positions have been eliminated and declared abolished are held pursuant to (e)Clause 23.05, the division in which the available assignment position is located, shall fill the assignment position 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 assignment(sposition(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 the assignment positions in order of their seniority.
(i) 23.09 Under the application of this Article, an Employee placed into an assignment a position which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated position abolishment shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment position equals or surpasses his existing salary rate.
(j) 23.10 An Employee, Employee who accepts a part-time assignment position with a lower maximum salary pursuant to (i)Clause 23.08, shall have the vested rights set out in (e)(iv23.05(d) continue to apply for the ten full one hundred and eighty (10180) full consecutive bi-weekly pay periodscalendar day period.
(k) 23.11 An Employee who refuses without good and satisfactory reason to accept an alternate on-going part-time assignmentpermanent position, with the same or a higher maximum salary as the assignment position he was in upon at eliminationposition abolishment, shall forfeit all vested rights pursuant to (f`)Clause 23.05.
(l) 23.12 All reasonable associated expenses involving relocation, pursuant to (h)Clause 23.07, or competitions pursuant to (f)Clause 23.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
(m) 23.13 During the period of notice of elimination position abolishment pursuant to (b)Clause 23.02, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
(n) 23.14 At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission in any capacity is may be eligible for severance pay pursuant to ClauseArticle 20, Severance Pay. Employees, who at the end of the vesting period are still employed 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 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 his vested right under Clause 23.05(d) and elect to receive severance pay at the time he is released that he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. In lieu 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 meet and discuss reasonable measures to protect the interests of Article 23 the following shall applyEmployees so affected. Further:
(a) The In the event notice of position abolishment is given under this Article and where alternate comparable employment with the Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the work assignment elimination process.
(b) The Employer shall give a part-time Employeeis not arranged, 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 part-time any Employees who are performing the same or similar functions in the same job classification within a single Division, branch and work location have their on-going assignments eliminated, they occupying such positions shall be eliminated in terminated. However, the Employees affected shall be determined by reverse order of seniority provided those retained are qualified and able to perform shall receive the work.following termination benefits:
(di) The employees shall receive one (1) month notice for each full year of continuous employment to a maximum of twelve (12) months. Partial years of service shall be prorated accordingly in the calculation of notice. At the Employer’s option, Employees may be 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 his regular rate in lieu of part of the notice specified in (b) to a maximum of two (2) months 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 (b) expires. However, if the Employee resigns and retires before the end for any remaining portion of the notice period, he shall not receive pay in lieu of notice.; and
(eii) A part-time Employee who has more 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 period the Employer may, with the concurrence of eliminationthe Employee, and who has not resigned in writing or retired, pursuant to (d), shall be entitled to assign such Employee duties of a classification other than the rights set out in the following clausesEmployee’s normal classification.
(fb) An If a job is 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 whose on-going part-time assignment has been eliminated and for whom is placed into the Employer has not arranged ongoing part-time employment lower paid classification, after which, the Employee’s rate of pay shall be adjusted to the rate within the Alberta Gaming and Liquor Commission or lower paid classification which most closely corresponds with any successor employer shall be eligible for:
(i) during the first two (2) weeks red-circled rate of the written notice period, the division shall fill all available comparable part-time assignments in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments have been eliminated. The Employer shall undertake to notify those Employees of all such available assignmentspay.
(iic) where no alternative assignment is available to If the Employer rehires the Employee being eliminated, the Employer shall fill all available comparable on-going part-time assignments throughout the Commission by operating competitions limited exclusively to such part-time Employees;
(iii) where no alternate assignment is found for one (1) or more Employees under paragraph (ii), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission;
(iv) Employee(s) released from the Commission under (iii) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(s) through competition limited exclusively to such Employee(s). The vesting will last ten (10) full consecutive bi- weekly pay periods commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The Employer shall undertake to notify those Employees of all such available assignment
(v) during the ten (10) 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.
(g) If a part-time Employee is released from the Commission pursuant to (e)(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e)(iv), continue to apply for the ten (10) full consecutive bi- weekly pay periods.
(h) When competitions limited to part-time Employees whose on-going part-time assignments have been eliminated and are held pursuant to (e), the division in which the available assignment is located, shall fill the 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 assignment(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 the assignment in order of their seniority.
(i) Under the application of this Article, an Employee placed into an assignment which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment equals or surpasses his existing salary rate.
(j) An Employee, who accepts a part-time assignment with a lower maximum salary pursuant to (i), shall have the vested rights set out in (e)(iv) continue to apply for the ten (10) full consecutive bi-weekly pay periods.
(k) An Employee who refuses without good and satisfactory reason to accept an alternate on-going part-time assignment, with the same or a higher maximum salary as the assignment he was in upon at elimination, shall forfeit all vested rights pursuant to (f`).
(l) All reasonable associated expenses involving relocation, pursuant to (h), or competitions pursuant to (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.
(m) During the period of notice or severance for which the Employer has made payment of elimination pursuant to (b)severance 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.
(n) At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission in any capacity is eligible for severance pay pursuant to Clause
Appears in 1 contract
Samples: Collective Agreement
POSITION ABOLISHMENT. In lieu of Article 23 the following shall apply:
(a) 23.01 The Employer will make a reasonable effort to effect reductions in the work force through attrition prior to and during the work assignment elimination position abolishment process.
(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) 23.02 Where two (2) or more part-time 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 on-going assignments eliminated, positions abolished they shall be eliminated 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 (d90) 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 his regular rate in lieu of part of the notice specified in (b) Clause 23.02 to a maximum of two (2) months pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled workpay. 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 (b) Clause 23.02 expires. However, however, if the Employee resigns and retires before the end of the notice period, he shall not receive pay in lieu of notice.
(e) 23.05 A part-time permanent Employee who has more than one (1) year of continuous employment immediately preceding the notice of eliminationposition abolishment, and who has not resigned in writing or retired, pursuant to (d)Clause 23.03, shall be entitled to the rights set out in the following clauses.
(f) 23.06 An Employee whose on-going part-time assignment has been eliminated position is declared abolished and for whom the Employer has not arranged ongoing part-time employment within the Alberta Gaming and Liquor Commission or with any successor employer employer, shall be eligible for:
(ia) during the first two (2) weeks of the written notice period, the division shall fill all available comparable part-time assignments positions in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments positions have been eliminateddeclared abolished. The Employer shall undertake to notify those Employees of all such available assignments.positions;
(iib) where no alternative assignment position is available to the Employee being eliminatedof each abolished position under (a), the Employer shall fill all available comparable on-going part-time assignments positions throughout the Commission by operating competitions limited exclusively to such part-time Employees;
(iiic) where no alternate assignment position is found for one (1) or more Employees under paragraph (iib), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission;
(ivd) Employee(s) released from the Commission under paragraph (iiic) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(sposition(s) through competition limited exclusively to such Employee(s). The ; such vesting will to last ten one hundred and eighty (10180) full consecutive bi- weekly pay periods calendar days commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The ); the Employer shall undertake to notify those Employees of all such available assignmentpositions.
(ve) during the ten one hundred and eighty (10180) full consecutive bi-weekly pay day vesting 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.
(g) 23.07 If a part-time permanent Employee is released from the Commission pursuant to (e)(iiiClause 23.05(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commission. An Employee who accepts casual employment pursuant to this Clause shall have the vested rights set out in (e)(iv), Clause 23.05(d) continue to apply for the ten full one hundred and eighty (10180) full consecutive bi- weekly pay periodscalendar day period.
(h) 23.08 When competitions limited to part-time Employees whose on-going part-time assignments positions have been eliminated and declared abolished are held pursuant to (e)Clause 23.05, the division in which the available assignment position is located, shall fill the assignment position 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 assignment(sposition(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 the assignment positions in order of their seniority.
(i) 23.09 Under the application of this Article, an Employee placed into an assignment a position which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated position abolishment shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment position equals or surpasses his existing salary rate.
(j) 23.10 An Employee, Employee who accepts a part-time assignment position with a lower maximum salary pursuant to (i)Clause 23.08, shall have the vested rights set out in (e)(iv23.05(d) continue to apply for the ten full one hundred and eighty (10180) full consecutive bi-weekly pay periodscalendar day period.
(k) 23.11 An Employee who refuses without good and satisfactory reason to accept an alternate on-going part-time assignmentpermanent position, with the same or a higher maximum salary as the assignment position he was in upon at eliminationposition abolishment, shall forfeit all vested rights pursuant to (f`)Clause 23.05.
(l) 23.12 All reasonable associated expenses involving relocation, pursuant to (h)Clause 23.07, or competitions pursuant to (f)Clause 23.05, shall be paid by the Employer in accordance with the Travel and Subsistence Allowance as set out in the Corporate Policies and Procedures Manual.
(m) 23.13 During the period of notice of elimination position abolishment pursuant to (b)Clause 23.02, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers outside the Employer.
(n) 23.14 At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission in any capacity is may be eligible for severance pay pursuant to ClauseArticle 20, Severance Pay. Employees, who at the end of the vesting period are still employed 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 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 his vested right under Clause 23.05(d) and elect to receive severance pay at the time he is released that he would have been eligible to receive under Clause 23.13.
Appears in 1 contract
Samples: Collective Bargaining Agreement
POSITION ABOLISHMENT. 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 work assignment elimination process.
(b) 13.01 The Employer shall give a part-time Employee, whose assignment has been on-going, Continuous Employee and the Union his Association at least ninety one hundred and twenty (90120) calendar days prior written notice that his employment in his current job is to be terminated. The Employer shall provide a copy of the Employee’s part-time assignment is being eliminatedwritten notice to the Association.
(c13.02 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) Where two (2) or more part-time Employees who are performing agreed to by the same or similar functions Employer and the Association, and for locations outlined in the same job classification within a single DivisionIsolation Modifier regulation, branch and work location have their on-going assignments eliminated, they shall be eliminated in reverse order the Employee has the choice of seniority provided those retained are qualified and able to perform taking the workcomparable employment or accepting severance.
(d) 13.03 The Employee may resign in writing and receive pay at his regular rate in lieu of part of the notice specified in (b) Clause 13.01 to a maximum of two (2) months pay based on the average of the last twenty-six (26) full consecutive bi-weekly pay periods of scheduled workmonth'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 (b) expires. HoweverClause 13.01; however, if the Employee resigns and retires before the end of the notice period, he shall not receive pay in lieu of notice.
(e) 13.04 A part-time continuous Employee who whose job has more than one (1) year of continuous employment immediately preceding the notice of elimination, and who has not resigned in writing or retired, pursuant to (d), 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.
(f) An Employee whose on-going part-time assignment has been eliminated and for whom the Employer has not arranged ongoing part-time employment within the Alberta Gaming and Liquor Commission or with any successor employer shall be eligible for:
(i) during the first two (2) weeks release of the written notice period, the division shall fill all available comparable part-time assignments in the division and work unit through competitions limited exclusively to those Employees whose part-time assignments have been eliminatedEmployee. The Employer shall undertake to notify those Employees of all such available assignments.
(ii) where no alternative assignment is available to the Employee being eliminated, the Employer shall fill all available comparable on-going part-time assignments throughout the Commission by operating competitions limited exclusively to such part-time Employees;
(iii) where no alternate assignment is found for one (1) or more Employees under paragraph (ii), and the written notice period has expired for such Employee(s), said Employee(s) may be released from the Commission;
(iv) Employee(s) released from the Commission under (iii) shall be vested with the right to be appointed to the first available comparable on-going part-time assignments(s) through competition limited exclusively to such Employee(s). The vesting will last ten (10) full consecutive bi- weekly pay periods commencing with the day following the release of the Employee(s) and shall run concurrent with clause 45.21. The Employer shall undertake to notify those Employees of all such available assignment
(v) during the ten (10) 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.
(g) If a part-time Employee is released from the Commission pursuant to (e)(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, he becomes a casual Employee and the displaced casual Employee will be immediately released from the Commissionpositions. 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 (e)(iv), continue to apply for the ten (10) full consecutive bi- weekly pay periodsvesting period has expired.
(h) When competitions limited to part-time Employees whose on-going part-time assignments have been eliminated and are held pursuant to (e), the division in which the available assignment is located, shall fill the 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 assignment(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 the assignment in order of their seniority.
(i) Under the application of this Article, an Employee placed into an assignment which has a maximum salary rate less than the salary rate he was receiving upon the date of assignment eliminated shall have his salary rate maintained over-range, until such time as the negotiated maximum salary rate for the new assignment equals or surpasses his existing salary rate.
(j) An Employee, who accepts a part-time assignment with a lower maximum salary pursuant to (i), shall have the vested rights set out in (e)(iv) continue to apply for the ten (10) full consecutive bi-weekly pay periods.
(k) 13.05 An Employee who refuses without good is released and satisfactory reason to accept an alternate on-going part-time assignment, with the same or a higher maximum salary as the assignment he was in upon at elimination, shall forfeit all vested rights pursuant to (f`).
(l) All reasonable associated expenses involving relocation, pursuant to (h), or competitions pursuant to (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.
(m) During the period of notice of elimination pursuant to (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.
(n) At the end of the vesting period, an Employee who was released from the Commission pursuant to this Article and who is no longer employed in the Commission College in any capacity is eligible for may, by written notice to the Director, Human Resource Services, elect to waive the rights provided under clause 13.04, and may elect to receive at the time of release the severance pay pursuant that the Employee would be entitled to Clauseunder clause 13.06.
13.06 A Continuous Employee who has more than two years of ongoing employment, without a break, immediately preceding the notice of position abolishment, shall be entitled to the provisions set out in the following schedule. These provisions shall not be paid to an Employee who was dismissed, resigned, retired, or who accepted or refused alternate employment at no loss in salary. Full Years of Ongoing Employment Weeks of Pay at Regular Rate of Pay
Appears in 1 contract
Samples: Collective Agreement
