Common use of Recall From Lay off, Transfer or Displacement Clause in Contracts

Recall From Lay off, Transfer or Displacement. a) Employees who have been laid off, transferred or displaced through the provisions of the above articles, shall be placed on a recall list for a period not to exceed twelve (12) months, for the purpose of recall from such lay off, transfer and/or displacement, up to the point of returning to their original employment status and classification with the employer. b) Employees shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior employee on the recall list has the qualifications, skill and ability to perform the available work. c) Employees who have been laid off will be required to advise the Employer of their intent to return to work within seven (7) days of receiving a notice of recall after which the employee will be required to return to work on the date indicated on the notice of recall. Notice of recall will be hand delivered, by same day courier or by registered mail to the last address on record with the Employer. In the event that the notice is sent by registered mail, notification shall be deemed to be received on the fifth day following the date of mailing. Notice of recall may also be emailed only if the employee gives prior permission to the Employer to be notified electronically. In the event that an employee has obtained an alternate job and upon request of the employee, the date of recall shall be adjusted to allow for two weeks notice to the other employer. The employee is solely responsible for her proper mailing and/or email address being on record with the Employer. d) Employees who have been transferred or displaced through the above provisions and remain actively employed with the Employer will be required to elect to accept, or not to accept, the recall. The election must be made in writing within forty-eight (48) hours of receiving a notice of such vacancy/recall. e) The provisions of this article shall be deemed to be satisfied and the employee shall be removed from the recall list when: i) she relinquishes her rights to recall and resigns her position prior to the expiry of her recall rights; or ii) At the expiry of her recall rights, twelve (12) months from the date of lay-off, transfer or displacement initiated through this article; or iii) when the employee has been returned to her original status and classification in any program. f) An employee may advise the employer in advance that they decline recall to specific positions or employment status that are less than the status held immediately prior to the lay-off, transfer or displacement. Such notification must be in writing.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Recall From Lay off, Transfer or Displacement. a) Employees who have been laid off, transferred or displaced through the provisions of the above articlesarticles 13.01 to 13.04 above, shall be placed on a recall list for a period not to exceed twelve twenty-four (1224) months, for the purpose of recall from such lay off, transfer and/or displacement, up to the point of returning to their original contracted area/ program, and/or employment status and classification with the employer. b) Employees shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior employee on the recall list has the qualifications, skill and ability is able to perform the available workwork on the basis of the selection criteria set out in article 13.02 b) above. c) Employees who have been laid off will be required to advise the Employer of their intent to return to work within seven (7) days of receiving a notice of recall after which the employee will be required to return to work on the date indicated on the notice of recall. Notice of recall will be hand delivered, by same day courier delivered or by registered mail to the last address on record with the Employer. In the event that the notice is sent by registered mail, Employer (which notification shall be deemed to be received on the fifth day following the date of mailing). Notice of recall The seven (7) day period may also be emailed only extended to fourteen (14) days if the employee gives prior permission to the Employer to be notified electronically. In the event that an employee has obtained an alternate job and upon request of the employee, the date of recall shall be adjusted to allow for must give two (2) weeks notice to the other employer. The employee is solely responsible for her proper mailing and/or email address being on record with the Employer. d) Employees who have been transferred or displaced through the above provisions and remain actively employed with the Employer will be required to elect to accept, or not to accept, a position and/or status change resulting from the recallcircumstances described in article 13.08 a) and b) above. The election must be made in writing within forty-eight five (485) hours business days of receiving a notice of such vacancy/recall. e) The provisions of this article shall be deemed to be satisfied and the employee shall be removed from the recall list when: iat the earlier of the expiry of twenty-four (24) she relinquishes her rights months after lay-off, transfer or displacement or when recalled, transferred or placed under the provisions of Article 13.08 a) above. It is understood that a decline to be recalled, transferred or placed from the recall and resigns her position list shall not remove the employee from the list prior to the expiry of her recall rights; or ii) At the expiry of her recall rights, twelve twenty- four (1224) months from the date of lay-off, transfer or displacement initiated through this article; or iii) when displacement. The Employer reserves the right to by-pass the employee on the recall list if the employee has been returned declined recall to her original status and classification a similar position/status, contracted area/program, unless notified in any writing by the employee that the employee wishes to be considered once again for a similar position/status, contracted area/program. f) An employee may advise shall be removed from the employer recall list and all recall rights to employment will be terminated in advance the event of failure of the employee to meet the recall provisions as outlined in Article 13.08 c) above. g) A decline of recall by an employee, when exercised within the provisions of this Article, shall not extend the length of time that they decline the employee is on the recall to specific positions or employment status list beyond the initial twenty-four (24) month period. It is understood however, that are less than in the status held immediately prior to the lay-offevent that an employee declines a recall, transfer or displacement. Such notification must placement and continues to remain on the recall list, any statutory obligations placed on the Employer, such as eligibility for severance pay as per the Employment Standards Act, shall be in writingdeemed to have been met and there shall be no further monies owing to the employee as a result.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall From Lay off, Transfer or Displacement. (a) Employees Nurses who have been laid off, transferred or displaced through the provisions of the above articlesarticles 13.01 to 13.04 above, shall be placed on a recall list for a period not to exceed twelve twenty-four (1224) months, for the purpose of recall from such lay off, transfer and/or displacement, up to the point of returning to their original contracted area/ program, and/or employment status and classification with the employer. (b) Employees Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior employee nurse on the recall list has the qualifications, skill and ability is able to perform the available workwork on the basis of the selection criteria set out in article 13.02 b) above. (c) Employees Nurses who have been laid off will be required to advise the Employer of their intent to return to work within seven (7) days of receiving a notice of recall after which the employee will be required to return to work on the date indicated on the notice of recall. Notice of recall will be hand delivered, by same day courier delivered or by registered mail to the last address on record with the Employer. In the event that the notice is sent by registered mail, Employer (which notification shall be deemed to be received on the fifth day following the date of mailing). Notice of recall The seven (7) day period may also be emailed only extended to fourteen (14) days if the employee gives prior permission to the Employer to be notified electronically. In the event that an employee nurse has obtained an alternate job and upon request of the employee, the date of recall shall be adjusted to allow for must give two (2) weeks notice to the other employer. The employee nurse is solely responsible for her proper mailing and/or email address being on record with the Employer. (d) Employees Nurses who have been transferred or displaced through the above provisions and remain actively employed with the Employer will be required to elect to accept, or not to accept, a position and/or status change resulting from the recallcircumstances described in article 13.08 a) and b) above. The election must be made in writing within forty-eight five (485) hours business days of receiving a notice of such vacancy/recall. (e) The provisions of this article shall be deemed to be satisfied and the employee nurse shall be removed from the recall list when: iat the earlier of the expiry of twenty-four (24) she relinquishes her rights months after lay-off, transfer or displacement or when recalled, transferred or placed under the provisions of Article 13.08 a) above. It is understood that a decline to be recalled, transferred or placed from the recall and resigns her position list shall not remove the nurse from the list prior to the expiry of her recall rights; or ii) At the expiry of her recall rights, twelve twenty-four (1224) months from the date of lay-off, transfer or displacement initiated through this article; or iii) when displacement. The Employer reserves the employee right to by-pass the nurse on the recall list if the nurse has been returned declined recall to her original status and classification a similar position/status, contracted area/program, unless notified in any writing by the nurse that the nurse wishes to be considered once again for a similar position/status, contracted area/program. (f) An employee may advise A nurse shall be removed from the employer recall list and all recall rights to employment will be terminated in advance the event of failure of the nurse to meet the recall provisions as outlined in Article 13.08 c) above. (g) A decline of recall by a nurse, when exercised within the provisions of this Article, shall not extend the length of time that they decline the nurse is on the recall to specific positions or employment status list beyond the initial twenty-four (24) month period. It is understood however, that are less than in the status held immediately prior to the lay-offevent that a nurse declines a recall, transfer or displacement. Such notification must placement and continues to remain on the recall list, any statutory obligations placed on the Employer, such as eligibility for severance pay as per the Employment Standards Act, shall be in writingdeemed to have been met and there shall be no further monies owing to the nurse as a result.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall From Lay off, Transfer or Displacement. (a) Employees Nurses who have been laid off, transferred or displaced through the provisions of the above articlesArticles 13.01 to 13.04 above, shall be placed on a recall list for a period not to exceed twelve twenty-four (1224) months, for the purpose of recall from such lay off, transfer and/or displacement, up to the point of returning to their original contracted area/ program, and/or employment status and classification with the employerEmployer. (b) Employees Nurses shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior employee nurse on the recall list has the qualifications, skill and ability is able to perform the available workwork on the basis of the selection criteria set out in Article 13.02 (b) above. (c) Employees Nurses who have been laid off will be required to advise the Employer of their intent to return to work within seven (7) days of receiving a notice of recall after which the employee will be required to return to work on the date indicated on the notice of recall. Notice of recall will be hand delivered, by same day courier delivered or by registered mail to the last address on record with the Employer. In the event that the notice is sent by registered mail, Employer (which notification shall be deemed to be received on the fifth day following the date of mailing). Notice of recall The seven (7) day period may also be emailed only extended to fourteen (14) days if the employee gives prior permission to the Employer to be notified electronically. In the event that an employee nurse has obtained an alternate job and upon request of the employee, the date of recall shall be adjusted to allow for must give two weeks (2) weeks’ notice to the other employerEmployer. The employee nurse is solely responsible for her proper mailing and/or email address being on record with the Employer. (d) Employees Nurses who have been transferred or displaced through the above provisions and remain actively employed with the Employer will be required to elect to accept, or not to accept, a position and/or status change resulting from the recallcircumstances described in Article 13.08 (a) and (b) above. The election must be made in writing within forty-eight five (485) hours business days of receiving a notice of such vacancy/recall. (e) The provisions of this article shall be deemed to be satisfied and the employee nurse shall be removed from the recall list when: i) she relinquishes her rights to recall and resigns her position prior to at the earlier of the expiry of her recall rights; or ii) At the expiry of her recall rights, twelve twenty-four (1224) months from the date of after lay-off, transfer or displacement initiated through this article; or iii) or when recalled, transferred or placed under the employee has been returned to her original status and classification in any program. f) An employee may advise the employer in advance that they decline recall to specific positions or employment status that are less than the status held immediately prior to the lay-off, transfer or displacement. Such notification must be in writing.provisions of Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Recall From Lay off, Transfer or Displacement. a) Employees who have been laid off, transferred or displaced through the provisions of the above articlesArticles 13.01 to 13.04 above, shall be placed on a recall list for a period not to exceed twelve twenty-four (1224) months, for the purpose of recall from such lay off, transfer and/or displacement, up to the point of returning to their original contracted area/ program, and/or employment status and classification with the employer. b) Employees shall be recalled in order of seniority, unless otherwise agreed between the Employer and the Union, provided that the senior employee on the recall list has the qualifications, skill and ability is able to perform the available workwork on the basis of the selection criteria set out in Article 13.02 b) above. c) Employees who have been laid off will be required to advise the Employer of their intent to return to work within seven (7) days of receiving a notice of recall after which the employee will be required to return to work on the date indicated on the notice of recall. Notice of recall will be hand delivered, by same day courier delivered or by registered mail to the last address on record with the Employer. In the event that the notice is sent by registered mail, Employer (which notification shall be deemed to be received on the fifth day following the date of mailing). Notice of recall The seven (7) day period may also be emailed only extended to fourteen (14) days if the employee gives prior permission to the Employer to be notified electronically. In the event that an employee has obtained an alternate job and upon request of the employee, the date of recall shall be adjusted to allow for must give two (2) weeks notice to the other employer. The employee is solely responsible for her proper mailing and/or email address being on record with the Employer. d) Employees Active employees who have been transferred or displaced through are on the above provisions and remain actively employed with the Employer recall list will be required to elect to accept, or not to accept, a position and/or status change resulting from the recallcircumstances described in Article 13.08 a) and b) above. The election must be made in writing within forty-eight five (485) hours business days of receiving a notice of such vacancy/recall. e) The provisions of this article Article shall be deemed to be satisfied and the employee shall be removed from the recall list when: i) An originally part-time employee declines to be recalled from lay-off to a regular part-time position within the contracted area/separately funded program from which she relinquishes was laid-off, ii) An originally full-time employee declines to be recalled from lay-off to a full-time position within the contracted area/separately funded program from which she was laid-off, iii) An actively employed part-time employee, who was originally full-time, declines to be returned to a full-time position within the contracted area/separately funded program from which she was laid-off, iv) An actively employed part-time employee declines to be returned to a regular part-time position within her rights original contracted area/separately funded program, v) An actively employed full-time employee declines to recall and resigns be returned to a full- time position within her position prior to original contracted area/separately funded program, vi) The sooner of the expiry of her recall rights; or ii) At the expiry of her recall rights, twelve twenty-four (1224) months from of the date of lay-off, transfer or displacement initiated through this article; or iii) Article or when the employee has been returned to her original status and classification original contracted area/separately funded program, vii) Failure of the employee to meet the recall provisions as outlined in any programArticle 13.08 c) above. fviii) An employee may advise decline a recall that is outside of the employer in advance that they decline recall to specific positions or employment status that are less than the status held immediately prior to the lay-contracted area/separately funded program from which she was laid off, transfer or displacement. Such notification must be in writinga decline shall not affect the recall rights of the employee as outlined within this Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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