Process to Avoid Permanent or Long-Term Layoffs i) Where in the Hospital’s determination there will be one or more layoffs of a permanent or long-term nature, the Hospital shall provide the Union and all nurses on the affected unit(s) with no less than thirty (30) calendar days written advance notice. The advance notice will describe the unit(s), reasons causing the layoffs, number of nurses that would be laid off and a list of vacant positions and any positions not yet posted to be used as transfer opportunities that may be filled in order to avoid the layoffs.
ii) In accordance with seniority, the Hospital will offer those nurses on the unit(s) and within the classification(s) where the proposed layoff(s) would otherwise occur the opportunity to elect to be transferred to a transfer opportunity provided that the nurse is qualified to perform the available work. A nurse’s election must be provided to the Hospital in writing within the advance notice period in Article 10.08 (e) (i). The number of nurses so transferred shall not exceed the number of nurses who would otherwise be subject to layoff.
iii) If the number of nurses who voluntarily elect to transfer to a transfer opportunity within the advance notice period in Article
Process to Avoid Permanent or Long-Term Layoffs i) Where in the Hospital’s determination there will be one or more layoffs of a permanent or long-term nature, the Hospital shall provide the Union and all nurses on the affected unit(s) with no less than thirty (30) calendar days written advance notice. The advance notice will describe the unit(s), reasons causing the layoffs, number of nurses that would be laid off and a list of vacant positions and any positions not yet posted to be used as transfer opportunities that may be filled in order to avoid the layoffs.
ii) In accordance with seniority, the Hospital will offer those nurses on the unit(s) and within the classification(s) where the proposed layoff(s) would otherwise occur the opportunity to elect to be transferred to a transfer opportunity provided that the nurse is qualified to perform the available work. A nurse’s election must be provided to the Hospital in writing within the advance notice period in Article 10.08 (e) (i). The number of nurses so transferred shall not exceed the number of nurses who would otherwise be subject to layoff.
iii) If the number of nurses who voluntarily elect to transfer to a transfer opportunity within the advance notice period in Article 10.08 (e) (i) is less than the number of nurses who would otherwise be subject to layoff, transfers will occur in reverse order of seniority provided that the nurse is qualified to perform the available work and the transfer does not result in a reduction of the nurse’s wage rate or hours of work, is located at the nurse’s original work site or at a nearby site in terms of relative accessibility for the nurse and is on the same or substantially similar shift or shift rotation. Where more than one nurse is to be transferred in order to avoid a layoff, nurses shall be entitled to select from available transfer opportunities in order of seniority. The number of nurses so transferred shall not exceed the number of nurses who would otherwise be subject to layoff.
iv) The Hospital bears the onus of demonstrating that the forgoing conditions have been met in the event of a dispute. The Hospital shall also reasonably accommodate any reassigned employee who may experience personal hardship arising from being reassigned in accordance with this provision.
v) A transfer of a nurse to a transfer opportunity under this article is not a layoff and also need not be posted.
