Common use of Recall of Permanent Employees Clause in Contracts

Recall of Permanent Employees. 11.03.10.01 Subject to 11.03.10.02, if the permanent staff of a branch is to be increased, those permanent employees removed, in accordance with the layoff provisions, from the class and branch to be increased shall, be recalled according to the reverse order of their removal from such class, provided they are able to perform the duties of the position. For permanent employees this right to recall expires at 24 months. Where an employee accepts a temporary assignment to a position in their former class their right to recall shall be extended by the duration of the assignment. Permanent employees, able to perform the duties of the position, will be recalled to their applicable class within the department prior to firstly, the recall of provisional employees and secondly, the rehire of temporary employees. 11.03.10.02 If a permanent employee is recalled in accordance with 11.03.10.01 and refuses the appointment, the employee shall lose all recall rights to former positions unless the following conditions exist: 1) The employee is engaged in alternate employment in another department in the civic service, and the Department initiating the recall and the Department in which the employee is employed at the time of the recall, agree to permit the employee to remain in such alternate employment, or 2) The City agrees to permit the employee to remain laid off. Employees who lose recall rights to former positions in accordance with this article shall retain their seniority, only if the employee is engaged in alternate employment in the department where the employee had the recall rights. 11.03.10.03 Laid off permanent employees who are recalled into positions within 24 months of their layoff in accordance with 11.03.10.01 shall be re-engaged as permanent employees and shall retain the seniority and benefits enjoyed immediately prior to layoff provided that they are consistent with the prevailing Collective Agreement. The level of benefits, upon returning to employment, shall be determined by the classification to which an employee is recalled. Laid off permanent employees who are not recalled into positions in accordance with 11.03.10.01 shall lose their recall rights.