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Common use of Recall Clause in Contracts

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 10 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Recall. a. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the qualifications and ability skills to perform the work. In determining the skills of an employee to perform the work for the purposes of the paragraph above, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement Employer shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoffact in an arbitrary manner. (a) b. An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. being recalled. c. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time d. It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within five (5) calendar days after being notified to do so by registered mail, addressed to the last address on record with the Employer (or by other method of third party authenticated delivery, which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within fourteen (14) calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. e. Employees on layoff should it become vacant within or notice of layoff shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. f. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition g. The job posting procedure as set out in the Collective Agreement will continue to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionapply.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. An employee 1. Recall shall have opportunity of recall from a layoff to an available opening be in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in inverse order of senioritylayoff, and laid off Employees shall be recalled as specified below before any new Employees are hired, provided they have the qualifications and ability to perform the workwork available. 2. Notice of recall shall be sent to the "laid off" Employee at his/her last address of record by registered or certified mail. If the Employee fails to respond within five (5) days from the date of delivery of the notice of recall, before such opening or in the event no delivery is filled on a regular basis under a job posting procedurepossible ten (10) days after mailing, and/or if he/she does not agree to report to work within ten (10) days from the date of response, he/she shall be terminated, unless reasonable cause, in writing, prior to the filling of the position, is given for not responding or not reporting. Extension of the five (5) day period of response and the ten (10) day report-to-work period may be granted by the University for unusual circumstances or appropriate cause. 3. The posting procedure in the Collective Agreement University shall maintain a list of laid off Employees according to classification and bargaining unit seniority. Laid off Employees shall have recall rights for a period equal to their length of service up to three (3) years. 4. Probationary Employees shall not apply until the recall process has been completedbe extended "recall" rights. 5. An employee who is recalled shall be credited Laid off Employees will return to work with the same continuing service status and seniority they had at the time of the layoff. (a) An employee recalled 6. The University shall recall Employees to work positions in a different their previous classification from which they were laid off, or an employee who has displaced an employee to positions in a lower the next lowest level of their classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoffsequence, provided that they have the employee remains qualified and able ability to perform the duties of their former the available position. No new employees Such work shall be hired until all those laid off have been given considered comparable to their previous positions, and a refusal of such an opportunity to return to work employment offer shall terminate an Employee's seniority, recall and have failed to do so, in accordance employment rights with the loss of seniority provision, or have been found unable University. The University may also recall Employees to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical other comparable bargaining unit exist. (i) In addition to 11.10 (a) positions for which they are qualified, and a full-time employee who has displaced a part- time employee shall be entitled to return to refusal of such an employment offer in the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties salary grade of their former positionprevious classification or the next lower salary grade shall terminate the Employee's seniority, recall, and employment rights with the University. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Labor Contract

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid A) Should regular vacancies occur following lay-off, those employees on lay-off shall be recalled to these positions in order of seniorityseniority on the basis of last-off, provided first-on, providing they have the capabilities and qualifications and ability to perform the workduties of the vacant position. B) Laid-off employees may decline recall to one regular position without affecting their lay-off status. C) The Employer shall give seven (7) calendar days’ notice of recall for work of an ongoing nature, before to the employee and such opening is filled on notice shall be by registered mail. The employee shall keep the Employer advised at all times of her current address. D) Laid-off employees failing to report for work of a regular basis under a job posting procedurenature within seven (7) calendar days of the receipt of the written notice shall be considered to have abandoned their right to re-employment. The posting procedure An exception would be where an employee(s) required to give notice to another Employer, or where the employee can provide satisfactory reason for not reporting they shall be deemed to be in compliance with this seven (7) calendar day provision. E) Satisfactory reason is in the Collective Agreement opinion of the Employer and will not be considered after thirty (30) days of the date of recall. F) Any recall shall not apply until result in a promotion unless agreed upon between the recall process has been completedUnion and the Employer. G) If no employee on lay-off possesses the required capabilities and qualifications, the vacant position will be posted in accordance with Article 17.01-Posting. An No new employee who is recalled or casual employee shall be credited with the seniority they had at the time hired to fill regular positions until those laid-off have been given first option of the layoffrecall. (aH) An employee recalled to work in a different classification from which they were laid off, or an position shall be considered a qualifying employee who has displaced an employee in a lower classification pursuant to Article 18 and shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, orientation as specified in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.Article 18.06.-

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. An employee (a) Employees shall have opportunity of recall from a layoff be recalled to an available opening in their former classification, or an equal or lower paying classification than the one from positions for which the employee was originally laid offthey are qualified, in the order of their seniority, provided they have either bargaining unit-wide or by branch or by class as the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoffcase may be. (ab) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired following a layoff until all those who were laid off have been given a reasonable opportunity of recall as follows. The Employer shall make every reasonable attempt to contact employees in order of seniority, and employees shall be recalled in such order providing that they respond within the stipulated time limits. Upon making contact with an opportunity employee, the Employer shall specify the time when the employee shall report for work. An employee, who does not respond within forty-eight (48) hours of the Employer's initial attempt to return make contact, or who refuses to report for work, shall be dropped to the bottom of the appropriate list for recall. An employee shall report to work at the time specified by the Employer or, in extenuating circumstances, within two weeks of the Employer's initial attempt to contact the employee. Each employee on layoff will be responsible for keeping the Employer notified of a current contact point through which the employee can be reached. (c) Any regular employee who has requested and have failed to do so, received approval for a personal leave of absence in accordance with the loss Employer’s policy (excluding Maternity Leave, Sick Leave, Education Leave or Union Leave) which exceeds nine (9) consecutive calendar months shall be deemed to have given up their regular position with such vacated position to be posted as per the terms of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time Collective Agreement. Such regular employee shall be entitled to return to a vacant position at the same or a lower level as their former position they held prior and for which the employee is deemed qualified. If there are no vacant positions available, the employee will be placed on lay-off and is entitled to the layoff should it become vacant within twenty-four (24) months recall pursuant to this article 15.9 of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. An employee The following shall apply only to laid off Employees who have elected this process pursuant to paragraph (c) of Article 18. (a) No new Employees shall be hired following a layoff until those members who were laid off have been given a reasonable opportunity of recall from a layoff as detailed below. (b) Subject to an available opening in their former classificationthe provisions below, or an equal or lower paying classification than the one from which the employee was originally laid off, off Employees shall be recalled in order of seniority, provided they have and shall retain their right to be recalled for eighteen (18) months immediately following the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time date of the layoff. (ac) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification Laid off Employees shall be entitled responsible to return to ensure the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties Employer is notified of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work most current mailing address and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availabletelephone number. (bd) will only appear in those collective agreements where In recalling a combined full-time and part-time OPSEU paramedical bargaining unit existlaid off Employee, the Employer shall advise the Employee by registered mail directed to the latest mailing address provided by the Employee. The Employer shall also forward a copy of the letter to the Union. (ie) In addition to 11.10 (a) a full-time employee A laid off Employee who has displaced a part- time employee shall be entitled to return does not respond to the position they held prior to the layoff should it become vacant Employer within twenty-four fourteen (2414) months calendar days of the layoff, provided that receipt of the employee remains qualified and able registered letter shall have no further right to perform the duties of their former positionrecall under this Article. (iif) In addition Once the Employer contacts the laid off Employee the Employer shall notify the Employee of the time and place for reporting to 11.10duty. If requested, the Employer shall allow the Employee at least fourteen (14) days, from the initial contact to report for duty. (ag) a part-A laid off Employee who refuses to or does not report for duty at the time employee who has displaced a full- time employee and place determined in paragraph (f) above, shall be entitled have no further right to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionrecall under this Article.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid (A) Should regular vacancies occur following lay-off, those em- ployees on lay-off shall be recalled to these positions in order of seniority, provided seniority providing they have the qualifications capabilities and ability qualifica- tions to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time duties of the layoffvacant position. Laid-off employees may decline recall to one regular position within the Geographical Area without affecting their lay-off status. Laid off employees will be offered but are not required to accept regular positions outside the Geographical Area. (aB) The Employer shall give seven (7) calendar days’ notice of recall for work of an ongoing nature to the employee and such notice shall be by registered mail. The employee shall keep the Employer advised at all times of their current address. Laid-off employees failing to report for work of a regular na- ture within seven (7) calendar days of the receipt of the written notice shall be considered to have abandoned their right to re-employment. Employees required to give notice to another Employer shall be deemed to be in compliance with this seven (7) calendar day provision. (C) Any recall shall not result in a promotion unless agreed upon between the Union and the Employer. (D) If no employee on lay-off possesses the required capabilities and qualifications, the vacant position will be posted in accor- dance with Article 17.01. No new employee nor casual em- ployee shall be hired to fill regular positions until those laid- off have been given first option of recall. (E) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification position shall be entitled considered a qualifying employee pursuant to return Article 18.03 and shall be en- titled to orientation as specified in Article 18.04. If the em- ployee is found to be unsatisfactory in the qualifying period, they shall be returned to the position they held prior to recall list. Total time on the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees recall list shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablenot exceed one year. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 3 contracts

Samples: Provincial Collective Agreement, Provincial Collective Agreement, Provincial Collective Agreement

Recall. a) An employee shall have the opportunity of to recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, seniority provided they have he has the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An . b) In determining the ability of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoffparagraphs above, the Hospital shall not act in an arbitrary or unfair manner. (ac) An employee recalled to work in a different classification from which they were he was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they he held prior to the layoff lay-off should it become vacant within twenty-four nine (249) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. being recalled. d) No new employees employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (be) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Hospital of his intention to return to the position they held prior work within five (5) business days after being notified in writing to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within twentyten (10) days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such a temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. f) A laid off employee shall retain the rights of recall for a period of twenty four (24) months form the date of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionlay-off. (iig) In addition to 11.10 (a) a part-time An employee who has displaced a full- time employee refusing recall shall lose all seniority and shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positiondeemed terminated.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. An employee (a) Nurses shall have opportunity of recall from be recalled to the same or similar position or to a layoff to an available opening position in their former classification, or an equal the same or lower paying classification than the one from which the employee was originally laid offclassification, in order of seniorityseniority provided that the recalled nurse has the qualifications, provided they have the qualifications ability and ability skill to perform the work, before such opening is filled on work without training other than normal familiarization. Normal familiarization will be defined as that familiarization regularly afforded a regular basis under a job posting procedurenewly hired qualified nurse. The posting procedure If there are no positions in the Collective Agreement shall not apply until nurse’s original worksite, the nurse may accept recall process has been completed. An employee who is recalled shall be credited with the seniority they had to a position at the time of the layoffanother worksite. (ab) An employee Nurses shall be given notice of recall by registered mail or courier/commercial messenger service to the last place of residence on record with the Employer. It is the nurse’s responsibility to keep the Employer informed of the correct mailing address. (c) Nurses shall retain recall rights for a period of eighteen (18) months from the date of lay-off. (d) In the event a laid off nurse is recalled to work in a different classification from position at a worksite other than the worksite for which they were the laid off nurse was laid off, or an employee who has displaced an employee in the laid off nurse may decline the recall. A laid off nurse must accept a lower classification shall be entitled to return recall to the position they held prior to the layoff should it become vacant within twenty-four worksite from which she or he was laid off, otherwise she or he will be deemed terminated. (24e) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees nurses shall be hired until all those laid nurses on lay-off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablerecall. (f) Relative to the interpretation of Article 10.7 (b) will only appear in those collective agreements ), it is agreed that where a combined fullnurse who is in receipt of paid sick leave is subsequently laid off, payment of sick leave can only cease on the date of lay-time off where the illness or injury occurred two (2) months or less before the lay-off and partnotice of the lay-time OPSEU paramedical bargaining unit exist.off was given prior to the occurrence of the illness or injury. In all other cases, sick pay is continued after the lay-off until the earliest of: (i) In addition to 11.10 the payment of a total of at least fifteen (a15) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months weeks of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.benefit; (ii) In addition the end of the incapacity due to 11.10illness or injury; and (aiii) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months exhaustion of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionall accumulated paid sick leave.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Recall. An employee a) Subject to 14.02 above, an Employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offa vacancy, in order of seniority. However, provided they have this right does not imply any suspension of the qualifications normal transfer and ability posting process. The potential recall will only take place after it has been determined that no more senior Employee, who is qualified (as per 13.04 above), and able to perform the work, before has applied for the vacant position, or is eligible to move into it via the Transfer List. An Employee on the recall list may apply for a vacant position that is in a higher job classification than that from which he or she was laid off, but he or she may not be recalled into such opening is filled on a regular basis under a job posting procedurevacancy unless they are the successful applicant. The posting procedure in In determining the Collective Agreement ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoffact in an arbitrary or unfair manner. (ab) An employee recalled to work in a different lower paid classification from which they were he or she was laid offoff shall have the privilege, or an employee who has displaced an employee in a lower classification shall be entitled to return if she/he so wishes, of returning to the position they held prior to the layoff should it become vacant within twenty-four six (246) months of being recalled. In this case only, the layoff, provided that the employee remains qualified normal transfer and able to perform the duties of their former position. No new posting process will be suspended. c) New employees shall not be hired until all those who are qualified and laid off have been given an opportunity of recall. d) The Employer shall notify the Employee of recall opportunities in the manner it deems most expeditious, stating the nature of the job, the rate of pay, and the precise or approximate start date, as the case may be. Failing a more satisfactory method, this information will be conveyed by registered mail, to the last address on record, and the employee is solely responsible for his or her proper address being on record with the Employer. e) An Employee may be recalled to a temporary vacancy of less that three (3) months, but he/she shall not be required to accept and may instead remain on layoff. f) Where the Employer identifies that a reduction in staffing may be necessary, the Employer shall, if practical, prior to giving to Employees a formal notice of layoff, including reduction in hours, meet with the Union to discuss the situation and any possible means of minimizing staff impact. g) Notwithstanding the above (in 14.01 thru 14.06), in a layoff that specifically targets the employees in the Respite Program, and which does not exceed 13 weeks, the recall notice will be simultaneously issued to all employees who have been impacted, directly or indirectly, and all employees will return to their position and place of work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held immediately prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. (The following provisions are subject to Schedule “F” for Temporary Full-Time, Auxiliary, and Regular Part-Time Employees.) (a) In the case of employees who have completed the probationary period and are laid off due to lack of work, the Employer agrees to give such employees preference in recall, firstly in their own Branches and secondly in other Branches, subject to the following conditions: (1) That the employee is capable of performing the work which may be available; (2) An employee shall have opportunity of is eligible for recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one Branch from which the employee was originally laid off, in order off for a maximum period of seniority, provided they have one (1) year from the qualifications date of layoff and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement one (1) year period shall not apply until the recall process has been completed. be extended by periods of employment in another Branch. (3) An employee who is recalled shall be credited with accepts recall to another Branch may, for a period of one (1) year from the seniority they had at the time date of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled elect to return to the position they held prior to employee's former Branch where a vacancy occurs in the layoff should it become vacant within twenty-four (24) months of the layoff, provided that classification from which the employee remains qualified and able to perform the duties of their former position. was laid off. (4) No new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows: (i) the Employer shall make every reasonable attempt to contact the employees by telephone and in writing using the last known contact information provided to the Employer, in order of their seniority and the employees shall be recalled by the Employer in such order provided that they respond within seventy-two (72) hours of the initial attempt of the Employer to contact them; (ii) upon making contact with an opportunity employee, the Employer shall specify the time when the employee shall report for work; (iii) an employee who does not respond within seventy-two (72) hours of the initial attempt of the Employer to make contact, or who refuses to report for work shall be placed at the bottom of the list of employees eligible for recall under this clause notwithstanding the employee's seniority; (iv) an employee notified to return to work shall report at the time and place specified by the Employer for so doing or, in extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the date of the initial attempt of the Employer to make contact as the City Engineer may approve, which approval shall not be unreasonably withheld; (v) it is the responsibility of all employees who have failed been laid off and wish to do sobe recalled by the Employer to advise their Branch Superintendent, by letter, of their respective current email and home addresses and telephone numbers. Each Branch shall maintain a list of the addresses and telephone numbers provided by the employees but there is no obligation upon the Employer to attempt to contact employees who cannot be located at the most recent addresses and telephone numbers provided by the employees. Notwithstanding any of the provisions of this Clause 14.2(a)(i) if it is not feasible to wait seventy-two (72) hours to contact an employee (hereinafter called an "eligible employee") who has been laid off and is eligible for recall under this clause the Employer reserves the right to hire other than an eligible employee until such eligible employee reports for work in accordance with this clause and (ii) an eligible employee shall have no preferential right to re-employment after a period of one (1) year from the loss date of seniority provision, or have been found unable to perform the work availablelayoff. (b) The offer of short term temporary and/or auxiliary assignments (i.e. up to the equivalent of four (4) weeks or one hundred sixty (160) hours to employees with access to the Seniority Pool who have been laid off shall not be considered a recall. An employee who accepts such temporary and/or auxiliary work shall not receive a further layoff notice at the conclusion of such work. Employees who decline such work will only appear in those collective agreements where not be considered to have refused a combined full-time and part-time OPSEU paramedical bargaining unit existrecall. Employees’ who refuse assignments greater than four (4) weeks or one hundred sixty (160) hours shall be placed at the bottom of the Seniority List for the balance of the recall period. (ic) In addition to 11.10 A Regular Full-Time Employee’s seniority date shall not be adjusted for periods of layoff of less than one (a1) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionyear. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification The Employer shall maintain recall list(s) for all Employees on recall. Such list(s) shall be entitled to return provided to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availableUnion quarterly when there are Employees on recall. (b) When increasing the work force, recalls shall be carried out in order of seniority from the laid off Employees from all sites within a fifty (50) kilometer radius of the vacancy, provided the Employee is capable and qualified of performing the work required. (c) The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence. The Employee so notified will only appear return to work as soon as possible but, in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit existany event, not later than five (5) days following either the date of the telephone call or the date the letter was registered. (i) In addition The Employer shall endeavor to 11.10 (a) offer opportunities for casual work to laid off Employees in order of their seniority before assigning the work to a full-time employee who has displaced a part- time employee shall be entitled to return to Casual Employee, providing the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains laid off Employee is qualified and able to perform capable of performing the duties of their former positionwork required. (ii) In addition Notwithstanding the provisions of Article 30.03(c)(i), casual work shall first be made available to 11.10laid off Employees of the site from which the Employee was laid off. (aiii) a part-time employee A laid off Employee may refuse an offer of casual work without adversely affecting their recall status. (iv) An Employee who has displaced a full- time employee accepts an offer of casual work shall be entitled governed by the Collective Agreement provisions applicable to return to a Casual Employee, however, such Employee’s recall status and seniority standing upon recall shall not be affected by the position they held prior to period of casual employment. (e) For the layoff should it become vacant within twenty-four (24) months purpose of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.this clause “Casual Work” shall mean:

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee In recalling members who have been laid off, the following terms and conditions shall apply only to laid off members who have elected this process pursuant to paragraph (c) of Section 12.5: (a) No new members shall be hired following a layoff until those members who were laid off have been given a reasonable opportunity of recall from a layoff as detailed below. (b) Subject to an available opening in their former classificationthe provisions below, or an equal or lower paying classification than the one from which the employee was originally laid off, off members shall be recalled in order of seniority, provided they have and shall retain their right to be recalled for 3 years immediately following the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time date of the layoff. (ac) An employee recalled Laid off members shall be responsible for ensuring that the Employer is notified of their most current mailing address and telephone number. (d) In recalling a laid off member, the Employer shall advise the member by double-registered letter directed to the latest mailing address provided by the member, and shall also advise the Union by copy of such letter. (e) A laid off member who does not respond within 7 calendar days of the initial attempt of the Employer to make contact with such member shall have no further right to recall under this Section. (f) Upon making contact with a laid off member as outlined in paragraph (d) above, the Employer shall notify the member of the time and place for reporting to work, providing that the Employer shall, on request, allow the member to report to work in a different classification up to 14 days from which they were laid offthe date of the Employer's initial attempt to contact the member, or at the discretion of the Employer whose approval shall not be unreasonably withheld, up to an employee additional 14 days. (g) A laid off member who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Section. (h) Nothing in this Section shall prohibit a member who has displaced an employee in a lower classification shall be entitled forfeited their rights to return to the position they held prior to the layoff should it become vacant within twenty-four recall from applying for vacancies (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until following such time as all those eligible laid off members have been given an a reasonable opportunity to return to work of recall) and have failed to do so, being appointed in accordance with the loss provisions of seniority provision, or have been found unable to perform the work available. (bSection 11.6(b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their her former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have she has the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they she had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layofflay-off, provided that the employee remains qualified and able to perform the duties of their her former positionpositon. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a fullpart-time employee who has displaced a part- full-time employee shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their her former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced displace a full- full-time employee shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their her former position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee shall have opportunity of recall from (1) Whenever a layoff to an available opening vacancy occurs in their former a job classification, Employees who are on layoff in that classification shall be recalled in accordance with their classification seniority in the reverse order in which they were laid off provided that the Employee has the skill, ability, work record and experience to be qualified to do the work. If a vacancy occurs in a Department in a job classification where no Employee in that classification has recall rights or an equal or lower paying classification than is deemed to be qualified, then the one from which laid-off Employee in that Department with the employee was originally laid offmost bargaining unit seniority will be recalled to that vacancy if he/she has the skill, in order of seniorityability, provided they have the qualifications work record and ability experience to perform be qualified to do the work, before such opening and, if not, the next qualified senior Employee on layoff in that Department will be recalled and so on. If a vacancy occurs in a Department where no Employee is filled on a regular basis under a job posting procedurelayoff or is deemed qualified, and if there are employees on layoff who have four or more years of bargaining unit seniority, then the laid-off Employee with the most bargaining unit seniority will be recalled to the vacant position if he/she has the skill, ability, work record and experience to be qualified to do the work and, if not, the next qualified senior Employee with four or more years of bargaining unit seniority will be recalled and so on. The posting procedure in Consideration of laid- off employees with less than the Collective Agreement shall not apply until the recall process has been completed. specified seniority for vacant positions will be governed by paragraph E (5) above. (2) An employee who is recalled and assigned to a new position shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in serve a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.ninety

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Recall. An employee The following shall apply only to Laid-off Employees who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.elected this process: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification Laid-off Employees shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four eligible for Recall for a period of twelve (2412) months following their effective date of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availableLayoff. (b) will only appear The Board shall make every reasonable attempt to contact and Recall Laid-off Employees in those collective agreements where order of Seniority, subject to their qualifications. It is the responsibility of the Employee to notify the OIC Administration Division of any change of address and other contact information. (c) The Board shall specify the time when a combined fullLaid-time and partoff Employee shall return to work. A Laid-time OPSEU paramedical bargaining unit exist.off Employee who has accepted the Board's Recall but who does not report to work within forty-eight (48) hours of Recall or who refuses such a Recall shall be treated as follows: (i) In addition If failure to 11.10 report to work within forty-eight (a48) hours of the Recall is the Laid-off Employee's first failure to report to work for a full-time employee who has displaced a part- time employee Recall, then the Laid- off Employee shall be entitled to return moved to the position they held prior to the layoff should it become vacant within twenty-four (24) months bottom of the layoffeligibility list, provided that however, if this is not the employee remains qualified Laid-off Employee's first failure to report following Recall, i.e., there has been one or more previous failures to report to work on the Laid- off Employee's part then the Laid-off Employee shall no longer be eligible for Recall and able to perform the duties of their former positionshall be deemed terminated. The Board may extend these time limits where extenuating circumstances exist. (ii) In addition to 11.10 (a) A. If a partLaid-off Permanent Full-time employee who has displaced Employee refuses a full- recall to Permanent Full-time employee employment, then the Employee shall no longer be eligible for recall and shall be entitled deemed terminated. The same also applies to return a Laid-off Permanent Part-time Employee who refuses a recall to the position they held prior to the layoff should it become vacant within twentyPermanent Part-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positiontime employment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee shall In recalling employees who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order the following terms and conditions shall apply only to laid off employees who have elected this process pursuant to paragraph (c) of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.Section 12.5: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired following a layoff until all those employees who were laid off have been given an a reasonable opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablerecall as detailed below. (b) will only appear Subject to the provisions below, laid off employees shall be recalled in those collective agreements where a combined full-time order of seniority, and part-time OPSEU paramedical bargaining unit existshall retain their right to be recalled for 3 years immediately following the date of layoff. (ic) Laid-off employees shall be responsible for ensuring that the Employer is notified of their most current mailing address and telephone number. (d) In addition recalling a laid off employee, the Employer shall advise the employee by double-registered letter directed to 11.10the latest mailing address provided by the employee, and shall also advise the Union by copy of such letter. (ae) A laid off employee who does not respond within 7 calendar days of the initial attempt of the Employer to contact him or her shall have no further right to recall under this Section. (f) Upon making contact with a full-laid off employee as outlined in paragraph (d) above, the Employer shall notify the employee of the time and place for reporting to work, providing that the Employer shall, on request, allow the employee to report to work up to 14 days from the date of the Employer's initial attempt to contact the employee, or at the discretion of the Employer whose approval shall not be unreasonably withheld, up to an additional 14 days. (g) A laid off employee who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Section. (h) Nothing in this clause shall prohibit an employee who has displaced forfeited rights to recall from applying for vacancies (following such time as all eligible laid off employees have been given a part- time employee shall be entitled to return to reasonable opportunity of recall) and being appointed in accordance with the position they held prior to the layoff should it become vacant within twenty-four (24provisions of paragraph 11.6(b) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their her former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have she has the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they he/she had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their her former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 13.10 (a) ), a full-time employee who has displaced a part- part-time employee shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.four

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An In determining qualifications as required by law as parties of an employee who is recalled shall be credited with the seniority they had at the time to perform purposes of the layoff. (a) An employee recalled to paragraph above, the act in an arbitrary manner. recall process the ability agreed between the work in a different for Employer shall classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work within twenty-four (24) months of ten working days after being notified. The notification shall state the layoff, provided that job to which the employee remains qualified is eligible to be recalled and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-date and time employee who has displaced a full- time at which the employee shall be entitled to return to report for work. The employee is solely responsible for his proper address being on record with the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionEmployer.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their her former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have she has the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they she had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layofflay-off, provided that the employee remains qualified and able to perform the duties of their her former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their her former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they she held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their her former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. 12.14.1 An employee shall have opportunity of recall from a layoff to an available opening in their his or her former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have he/she has the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they he/she had at the time of the layoff. For the purposes of recall rights under Article 12.14.1, it is agreed that an employee may indicate in writing up to two regional sites different from which he or she has been laid off to which he or she would be recalled. (a) 12.14.2 An employee recalled to work in a different classification from which they were he was laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they classification he held prior to the layoff should it a position become vacant within twenty-four eighteen (2418) months of the layofflay- off, provided that the employee remains qualified and able to perform the duties of their his former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full12.14.3 Full-time and part-time OPSEU paramedical bargaining unit existvacancies shall be considered separate for the purposes of this Article. 12.14.4 The Agency shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Agency (which notification shall be deemed to be received on the fifth day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Agency. 12.14.5 An employee on recall may be employed pursuant to Article 2.03 (c) (i) In addition ). Such an employee will be employed pursuant to 11.10the terms of the temporary position and not of the employee’s regular position. Employees who accept such work shall retain but not accumulate seniority and retain full recall rights under Article 12. (a) a full-time 14.1. Should the employee who has displaced a part- time employee be recalled, he or she shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified credited with service and able to perform the duties of their former positionseniority for all hours worked under this provision. Any assignments under this provision will be offered on a voluntary basis. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. (a) An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have the qualifications providing he or she is qualified and ability able to perform the work, before such opening is . Vacancies during a layoff/ recall will be posted in accordance with Article 10 of the collective Agreement. Once the job vacancy has been filled on a regular basis under a the job posting procedure. The posting procedure in (and any subsequent posting) an employee on layoff shall have the Collective Agreement shall not apply until the recall process has been completed. An employee who is opportunity to be recalled shall be credited with the seniority they had at the time of the layoffto an available vacancy as set out below. (ab) An employee recalled to work in a different classification from which they were he or she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff should it become vacant within twenty-four (24) six months of being recalled. (c) In determining the layoff, provided that the ability of an employee remains qualified and able to perform the duties work for the purposes of their former position. the paragraphs above, the Employer shall not act in an arbitrary or unfair manner. (d) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, so or have been found unable to perform the work available. (be) will only appear in those collective agreements where a combined full-The Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Employer. The notification shall state the job to which the employee is eligible to be recalled and the date and time and part-time OPSEU paramedical bargaining unit existat which the employee shall report to work. The employee is solely responsible for his or her proper address being on record with the employer. (if) In addition Employees on layoff shall be given an opportunity to 11.10 (a) a full-time fill temporary vacancies, in accordance with the job posting provisions. An employee who has displaced a part- time employee been accepted such temporary vacancy shall not be entitled considered to return have been recalled and will not be subject to the position they held prior further notice of layoff and continues to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionremain in her seniority order for recall. (iig) In addition Laid off employees shall retain seniority, service and recall rights in accordance with Article 8 for up to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position24 months.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In recalling employees (other than probationary employees) who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order of seniority, provided they have the qualifications following terms and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement conditions shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.apply: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall The employees must be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No work made available to them; (b) no new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows: (i) the Employer shall make every reasonable attempt to contact the employees in order of their seniority and the employees shall be recalled by the Employer in such order provided that they respond within forty- eight (48) hours of the initial attempt of the Employer to contact them; (ii) upon making contact with an opportunity employee, the Employer shall specify the time when the employee shall report for work; (iii) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Employer to make contact, or who refuses to report for work, shall be placed at the bottom of the list of employees eligible for recall under this Clause; (iv) an employee notified to return to work shall report at the time and have failed to do so, in accordance with place specified by the loss of seniority provisionEmployer for so doing, or in extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the date of the initial attempt of the Employer to make contact as the General Manager, Human Resource Services may approve, which approval shall not be unreasonably withheld; (v) it shall be the responsibility of all employees who have been found unable laid off and wish to perform be recalled by the work availableEmployer to keep the General Manager, Human Resource Services informed of their respective current addresses and telephone numbers. The Employer shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this Clause by attempting to contact the employee at the employee's last known address on the Employer's records. (bvi) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time an employee who has displaced is laid off and is eligible for recall under this Clause shall remain on the recall list for a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four maximum of six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. (a) An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offa vacancy, in order of seniority, provided they have he/she has the qualifications and ability to perform the workduties without training other than orientation, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (ab) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Employer shall not act in an arbitrary or unfair manner. (c) An employee recalled to work in a different classification from which they were he/she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they he/she held prior to the layoff should it become vacant within twenty-four one year of being recalled. (24d) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees employee shall be hired until all those laid off subject to recall have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (be) will only appear in those collective agreements where a combined full-It is the sole responsibility of the employee who has been laid off to notify the Employer of his/her intention to return to work within five (5) calendar days (exclusive of Saturdays, Sundays and paid holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within ten (10) calendar days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time and part-time OPSEU paramedical bargaining unit existat which the employee shall report for work. The employee is solely responsible for his/her proper address being on record with the Employer. (if) In addition to 11.10 (a) Where a full-full time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.utilizes Article 31:03

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee 1. Recall shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offbe based upon seniority, in reverse order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains recalled Employee is qualified for the position to which he/she is recalled and able after the position has been posted to the membership. Employees shall only be subject to recall for three years from the effective date of their layoff. To be deemed qualified to assume a position, the Employee designated to be recalled must have satisfactorily held the same and/or a similar position in the bargaining unit previously or have demonstrated the ability to perform the duties and responsibilities of their former positionthe position by having taken and successfully passed, as determined by measurable criteria, an assess- ment(s) administered by a representative of the District. No new employees The assessment(s) to be administered by the District shall be hired until all those laid off have been given an opportunity based on the qualifications listed in the latest vacancy posting for the position; however, deviations in the necessary qualifications shall be permitted to return to work address any skill(s) that were incorporated into the du- ties and have failed to do soresponsibilities of the position since the last vacancy posting, in accordance with providing the loss skill(s) was utilized for a minimum of seniority provision, or have been found unable to perform ninety (90) workdays by the work availableperson currently holding the po- sition. 2. Each Employee being recalled may be notified by phone. If the Employee cannot be contacted by phone, certified mail (breturn receipt requested), shall be used to the last known address. Non-delivery of the certified letter shall be considered as a failure to respond within the time limit and shall result in termination of all employment rights, except as provided in Ar- ticle 5, Section J. 3. The Employee being recalled shall have ten (10) will only appear business days from the date of delivery of the recall notice to notify the District of his/her intention to return. Failure to respond to the recall notice within the time limit shall result in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit existtermination of his/her employment. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee 4. The District shall be entitled to return to notify the position they held prior to the layoff should it become vacant within twenty-four (24) months Association of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionall recalls. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall. An employee shall In the case of employees who have opportunity completed the probationary period and are laid off due to lack of recall from a layoff work, the Corporation agrees to an available opening give such employees preference in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offrecall, in order of their seniority, provided they have subject to the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.following conditions: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that That the employee remains qualified and able to perform is capable of performing the duties of their former position. work which may be available. (b) No new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows: (1) the Employer shall make every reasonable attempt to contact the employees in order of their seniority and the employees shall be recalled by the employer in such order provided that they respond within forty-eight (48) hours of the initial attempt of the employer to contact them. (2) upon making contact with an opportunity employee, the Employer shall specify the time when the employee shall report for work. (3) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Employer to contact the employee, or who refuses to report for work shall be placed at the bottom of the list of employees eligible for recall under this clause notwithstanding the employee’s seniority. (4) an employee notified to return to work shall report at the time and have failed to do so, in accordance with place specified by the loss of seniority provisionEmployer for so doing, or have been found unable in extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the date of the initial attempt of the Employer to perform the work availablecontact them. (b5) will only appear an employee who is offered recall in those collective agreements where a combined full-time classification other than their own and part-time OPSEU paramedical bargaining unit existwho subsequently refuses such recall, in writing, due to inability or other cause shall lose their right to recall for that particular position. However, the employee shall retain their right of recall for all further job opportunities. (i6) In addition to 11.10 (a) a full-time an employee who has displaced is given layoff notice shall have the right to bump a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionjunior employee. (iic) In addition It shall be the employee’s responsibility to 11.10keep the Corporation informed of the employee’s telephone number and address for notification. If such information is incorrect, recall responsibility is canceled. (ad) Notwithstanding any of the provisions of this Agreement, a part-time employee who has displaced a full- time former employee shall be entitled have no preferential rights to return to re-employment after a period of two (2) years from the position date on which they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionwere laid off.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee 1. Bargaining unit members shall have opportunity be recalled in order of seniority with the most senior bargaining unit member being recalled first, subject to the bargaining unit member having the ability to perform the work available and possessing the necessary skill required for the job and be qualified to perform the same which means that with minimum instruction, the work can be performed without unduly impairing the efficiency of the operation. a. A bargaining unit member shall be recalled by registered mail, return receipt requested, sent to the last known address. The president of the Association will be provided with a copy of the recall notice. b. In the event of a layoff, a bargaining unit member so laid off shall be given two (2) week notice of recall to work, mailed to his/her last known address. In the event the bargaining unit member fails to make himself/herself available for work at the end of said two (2) weeks, he/she shall lose all seniority rights under this Agreement; however, the two (2) week time limit may be extended by mutual agreement between the Board and the bargaining unit member. 2. Should the Board, within one (1) year after the initial recall, reinstate a position that had been eliminated, the bargaining unit member, in not on layoff, who previously held the position shall be offered the position before it is offered to laid off bargaining unit members. 3. When a vacancy arises while a bargaining unit member is on layoff, except as noted below, that vacancy shall be posted and filled in accordance with Article 8. So shall any additional vacancies, which result from this initial posting. This process shall continue until a layoff vacancy exists from which either no bargaining unit member has expressed an interest or for which no bargaining unit member meets the qualifications for the vacancy. The final vacancy shall be filled by recalling laid off bargaining unit members, as set forth in the next paragraph. The exception to an available opening in their former classification, or an equal or lower paying classification than the one foregoing shall be the situation where the vacancy is the position from which the employee bargaining unit member was originally laid off, in order of senioritywhich case, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement position shall not apply until be posted and the recall process has been completed. An employee who is recalled bargaining unit member shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablevacancy. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Master Agreement

Recall. An employee Employees on layoff shall have be given the first opportunity of recall from a layoff to an fill vacant positions for which they are qualified according to the following Recall Procedure: 1. Recall for those Employees possessing all the qualifications for available opening positions shall be in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in inverse order of seniority, provided they have layoff. Employees possessing all the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled for available positions shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification by seniority. The Employee with the greatest amount of seniority shall be entitled recalled first; the Employee with the second greatest amount of seniority shall be second, etc., provided the Employee has all the qualifications. 2. An Employee shall be notified by registered mail, return receipt requested, to return to employment and must do so within ten (10) working days of receipt of notice or be considered terminated. 3. It is understood that when an Employee is recalled she/he must accept the position they held prior for which she/he is being recalled, provided she/he is qualified for the position. Refusal to do so shall be interpreted as termination unless she/he is physically and/or emotionally disabled to a degree which prevents her/him from performing the layoff should it become vacant within twenty-four (24) months normal duties of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees Such disability must be verified by a physician's statement. The Board may request another physician's opinion at the Board's expense. In addition, an Employee shall be hired until all those laid off have been given an opportunity remain on the recall list for a period equal to return her/his seniority, but not to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availableexceed two (2) years. (b) will only appear in those collective agreements where 4. In the event a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition position becomes open, employees on layoff shall be given first opportunity to 11.10 (a) fill such a position. Accepting such a position shall not jeopardize the Employee's recall rights to a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Master Contract

Recall. An employee shall In recalling employees (other than probationary employees) who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order of seniority, provided they have the qualifications following terms and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement conditions shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.apply: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall The employees must be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No work made available to them; (b) no new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows: (i) the Corporation shall make every reasonable attempt to contact the employees in order of their seniority and the employees shall be recalled by the Corporation in such order provided that they respond within forty- eight (48) hours of the initial attempt of the Corporation to contact them; (ii) upon making contact with an opportunity employee, the Corporation shall specify the time when the employee shall report for work; (iii) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Corporation to make contact, or who refuses to report for work, shall be placed at the bottom of the list of employees eligible for recall under this Clause; (iv) an employee notified to return to work shall report at the time and have failed to do so, in accordance with place specified by the loss of seniority provisionCorporation for so doing, or in extenuating circumstances, within such extended period of time not exceeding fourteen (14) calendar days from the date of the initial attempt of the Corporation to make contact as the Director of Human Resources may approve, which approval shall not be unreasonably withheld; (v) it shall be the responsibility of all employees who have been found unable laid off and wish to perform be recalled by the work availableCorporation to keep the Director of Human Resources informed of their respective current addresses and telephone numbers. The Corporation shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this Clause by attempting to contact the employee at the employee's last known address on the Corporation's records. (bvi) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time an employee who has displaced is laid off and is eligible for recall under this Clause shall remain on the recall list for a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four maximum of six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An (a) The Association will at all times rehire laid-off employees according to the seniority of such laid off employees, without loss of seniority or benefit entitlement, prior to any new employee being hired, to a position which a laid- off employee is capable of filling. (b) A former employee must keep the Association informed of the address at which that employee can be reached and any offer of re-employment shall be made in person or by double registered letter addressed to the latest address so furnished by the former employee. (c) When an offer of employment has been so made, in accordance with (b) above, the former employee shall have opportunity inform the Association of recall acceptance within forty-eight (48) hours and shall report for duty not later than twenty-one (21) calendar days from a layoff the date such re-employment was offered or such longer period as requested by the Association or as agreed between the parties. (d) Laid-off employees engaged in other employment who are recalled shall be permitted to give their current employer reasonable notice of termination to accept the recall. (e) A laid-off employee who declines an available opening offer of employment or who fails to report for duty in their former classificationaccordance with the provisions of Clause 11.3(c), or an equal or lower paying classification than shall be considered as no longer subject to recall, provided that the one position to which the employee is recalled provides at least the same level of remuneration as the position from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (af) An employee recalled The Association agrees to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months supply on request of the layoff, provided Union the names of the laid-off employees contacted in the filling of a particular vacancy and that of the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availableengaged employee. (bg) will only appear in those collective agreements where Laid-off employees shall remain on the recall list for a combined full-time and part-time OPSEU paramedical bargaining unit existperiod of one (1) year. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work. In determining the ability of an employee to perform the work for the purposes of the paragraph above, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement Employer shall not apply until the recall process has been completedact in an arbitrary manner. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- been laid off to notify the Employer of his intention to to work within five (5) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within ten (10) working days after being deemed to have received the notice the Employer. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be entitled given preference for temporary vacancies which are expected to return to the position they held prior to the layoff should it become vacant within twenty-four exceed twenty (2420) months days of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time work. An employee who has displaced a full- time been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off A laid off employee shall be entitled to return to retain the position they held prior to the layoff should it become vacant within twentyrights of recall for a period of thirty-four six (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.36)

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In recalling employees who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order the following terms and conditions shall apply only to laid off employees who have elected this process pursuant to paragraph (c) of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.Section 12.5: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired following a layoff until all those employees who were laid off have been given an a reasonable opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablerecall as detailed below. (b) will only appear Subject to the provisions below, laid off employees shall be recalled in those collective agreements where a combined full-time order of seniority, and part-time OPSEU paramedical bargaining unit existshall retain their right to be recalled for three (3) years immediately following the date of layoff. (ic) Laid-off employees shall be responsible for ensuring that the Employer is notified of their most current mailing address and telephone number. (d) In addition recalling a laid off employee, the Employer shall advise the employee by double-registered letter directed to 11.10the latest mailing address provided by the employee, and shall also advise the Union by copy of such letter. (ae) A laid off employee who does not respond within seven (7) calendar days of the initial attempt of the Employer to contact him or her shall have no further right to recall under this Section. (f) Upon making contact with a full-laid off employee as outlined in paragraph (d) above, the Employer shall notify the employee of the time and place for reporting to work, providing that the Employer shall, on request, allow the employee to report to work up to fourteen (14) days from the date of the Employer's initial attempt to contact the employee, or at the discretion of the Employer whose approval shall not be unreasonably withheld, up to an additional fourteen (14) days. (g) A laid off employee who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Section. (h) Nothing in this clause shall prohibit an employee who has displaced forfeited rights to recall from applying for vacancies (following such time as all eligible laid off employees have been given a part- time employee shall be entitled to return to reasonable opportunity of recall) and being appointed in accordance with the position they held prior to the layoff should it become vacant within twenty-four (24provisions of paragraph 11.6(b) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall When it is necessary to increase the working force, the Company agrees to recall available former employees who were laid-off within the previous twelve (12) months provided that these former employees have opportunity acquired seniority according to Article 7.01 at the time of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications lay-off and ability are qualified to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition Selection of laid-off former employees eligible for recall according to 11.10the provisions of the first paragraph will be made as follows: (a1) a fullIn the case of vacancies in second level clas- sifications, seniority, at the time of lay-time employee off shall govern among available laid-off for- mer employees who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains are as well qualified and able to perform the work. (2) In the case of vacancies in first level classifi- cations, seniority at the time of lay-off shall govern among laid-off former employees who have the skill and ability to perform all duties of their former positionthe work assigned. (3) The recall to work means the procedures by which the provisions of the present article are applied. (ii) In addition to 11.10 (a) a part-time A former employee who has displaced not filed a full- time cur- rent address and telephone number with the Company shall be ineligible for re-employ- ment under the provisions of 7.10. (iii) The Company will advise an eligible for- mer employee by telephone, confirmed by registered letter, or if unable to contact the former employee by telephone, by double registered letter of the availability of a job opening. Should the former employee fail to reply in writing within five (5) days (exclud- ing Saturdays, Sundays, and those holidays specified in Article 5.02 of this Agreement) from the date of mailing of such registered letter to the last forwarding address filed with the Company the former employee shall be entitled deemed ineligible for re-employment under the provisions of 7.10. (iv) A former employee who is unable or unwilling to return accept re-employment when required by the Company shall be bypassed in favour of another qualified former employee in accord- ance with the provisions of 7.10. If no such qualified former employee is available the va- cant position will be filled by other candidates for employment. (v) When an employee declines a permanent re- call into the same full-time position that he/ she was laid off from, for reasons other than disability, as substantiated by the Company’s Medical Director or designate and Disability Case Manager, the employee shall be deemed to have resigned from the Company, removed from the recall list, and will receive the appro- priate severance allowance. When an employee declines two (2) perma- nent recalls into any full-time position, for reasons other than disability, as substan- tiated by the Company’s Medical Director or designate and Disability Case Manager, the employee shall be deemed to have resigned from the Company, removed from the recall list, and will receive the appropriate severance allowance. (vi) Notwithstanding 7.10 (v) there is no obligation on the part of an employee on layoff to accept an offer of term or temporary employment nor will the laid off employee forfeit their position on the recall list if they held prior reject a temporary or term appointment. If a laid off employee accepts an offer of term employment and is subsequently returned to layoff, the employee shall resume the pos- ition on the recall list that was established at the time of layoff should it become vacant within twenty-four but the period of time on the recall list will be extended by the period of time the employee worked as temporary employee. If a laid off employee accepts an offer of tem- porary employment up to sixty (2460) months calendar days and is subsequently returned to layoff, the time on the recall list will be extended by the time of the layofftemporary work. If it is more than 60 calendar days, provided that the employee remains qualified and able to perform shall re- start the duties of their former positionone year recall position on the recall list.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In recalling employees who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order the following terms and conditions shall apply only to laid off employees who have elected this process pursuant to paragraph (c) of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.Section 12.5: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired following a layoff until all those employees who were laid off have been given an a reasonable opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablerecall as detailed below. (b) will only appear Subject to the provisions below, laid off employees shall be recalled in those collective agreements where a combined full-time order of seniority, and part-time OPSEU paramedical bargaining unit existshall retain their right to be recalled for 3 years immediately following the date of layoff. (ic) Laid‐off employees shall be responsible for ensuring that the Employer is notified of their most current mailing address and telephone number. (d) In addition recalling a laid off employee, the Employer shall advise the employee by double‐registered letter directed to 11.10the latest mailing address provided by the employee, and shall also advise the Union by copy of such letter. (ae) A laid off employee who does not respond within 7 calendar days of the initial attempt of the Employer to contact him or her shall have no further right to recall under this Section. (f) Upon making contact with a full-laid off employee as outlined in paragraph (d) above, the Employer shall notify the employee of the time and place for reporting to work, providing that the Employer shall, on request, allow the employee to report to work up to 14 days from the date of the Employer's initial attempt to contact the employee, or at the discretion of the Employer whose approval shall not be unreasonably withheld, up to an additional 14 days. (g) A laid off employee who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Section. (h) Nothing in this clause shall prohibit an employee who has displaced forfeited rights to recall from applying for vacancies (following such time as all eligible laid off employees have been given a part- time employee shall be entitled to return to reasonable opportunity of recall) and being appointed in accordance with the position they held prior to the layoff should it become vacant within twenty-four (24provisions of paragraph 11.6(b) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. a) Employees shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Local Union, provided that the employee is qualified to perform the available work. b) An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have the qualifications providing he or she is qualified and ability able to perform the work, before such opening is . Vacancies during a layoff/ recall will be posted in accordance with Article 11.11 above. Once the job vacancy has been filled under the job posting procedure (and any subsequent posting) an employee on a layoff shall have the opportunity to be recalled to an available vacancy as set out below. c) All regular basis under part-time and full-time employees represented by the Union who are on layoff will be given a job posting procedure. The posting procedure opportunity in the Collective Agreement shall not apply until full-time and regular part-time categories before any new employee is hired into either category, provided said employees are qualified as per the recall process has been completed. An employee who is recalled shall be credited with normal position description, to meet the seniority they had at the time requirements of the layoffjob and perform the work, without training other than a brief familiarization or orientation. (ad) An employee recalled to work in a different classification from which they were he or she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff should it if become vacant within twenty-four (24) six months of being recalled. e) In determining the layoff, provided that the ability of an employee remains qualified and able to perform the duties work for the purposes of their former position. the paragraphs above, the Employer shall not act in an arbitrary or unfair manner. f) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, so or have been found unable to perform the work available. (bg) will only appear in those collective agreements where a combined full-The Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Employer. The notification shall state the job to which the employee is eligible to be recalled and the date and time and part-time OPSEU paramedical bargaining unit existat which the employee shall report to work. The employee is solely responsible for his or her proper address being on record with the employer. (ih) In addition Employees on layoff shall be given an opportunity to 11.10 (a) a full-time fill temporary vacancies, in accordance with the job posting provisions. An employee who has displaced a part- time employee been accepted such temporary vacancy shall not be entitled considered to return have been recalled and will not be subject to the position they held prior further notice of layoff and continues to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionremain in her seniority order for recall. (iii) In addition Laid off employees shall retain seniority, service and recall rights for up to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position24 months.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee When Employees are on layoff, the following process for recall shall have opportunity of recall be used: (a) Full-time and Part-time positions shall be posted and filled pursuant to Article 29. Employees on layoff may apply for any posted vacancies. (b) Where there are no applications from a Full or Part-time Employees, the most senior Employee on layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have with the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled work involved shall be credited with the seniority they had at the time of the layofffirst Employee to be recalled. (ac) An employee recalled No new Full or Part-time Employees will be hired while there are Employees on layoff who are qualified and able and who are awaiting recall. (d) The method of recall shall be by telephone, and if contact with the Employee is not accomplished, by double registered letter sent to work in a different classification the Employee’s last place of residence on file or by personal delivery. When dispatched by double registered letter, the letter shall be deemed delivered five (5) calendar days from which they were laid offthe date of mailing. Within five (5) days of delivery, or deemed delivery, an employee who has displaced an employee in a lower classification Employee so notified of recall shall: (i) Notify the Employer that she shall be entitled report for work as directed; (ii) Notify the Employer that she does not intend to return to work; or (iii) Return to work at a date and time mutually agreed between the Employer and the Employee. An Employee shall be deemed to have resigned if she (i) does not respond to notice of recall within five (5) days of delivery, or deemed delivery, or (ii) refuses recall to a position they held prior for which she has the ability and qualifications to perform, same shift (days/evenings/nights) and with hours of work the layoff should it become vacant within same as or greater than her last permanent position, or (iii) has been laid off for twenty-four (24) months of the layoffmonths, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return or (iv) does not report to work and have failed to do so, as directed in accordance with the loss notice of seniority provisionrecall, or have been found unable (v) who does not report to perform work at the work availabledate and time mutually agreed to. (be) will only appear in those collective agreements where a combined full-time It is recognized and part-time OPSEU paramedical bargaining unit exist.understood that it is the responsibility of the Employee to (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to update the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoffEmployer about her whereabouts, provided that the employee remains qualified her mailing address and able to perform the duties of their former position. telephone number and (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionavailable for recall.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In recalling employees (other than probationary employees) who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order of seniority, provided they have the qualifications following terms and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement conditions shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.apply: ‐ (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall The employees must be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. work made available to them; (b) No new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows:‐ (i) the Employer shall make every reasonable attempt to contact the employees in order of their seniority in the Bargaining Group and the employees shall be recalled by the Employer in such order provided that they respond within forty‐eight (48) hours of the initial attempt of the Employer to contact them; (ii) upon making contact with an opportunity employee, the Employer shall specify the time when the employee shall report for work; (iii) an employee who does not respond within forty‐eight (48) hours of the initial attempt of the Employer to make contact, or who refuses to report for work shall be placed at the bottom of the list of employees eligible for recall under this Xxxxxx notwithstanding the employee's seniority in the Bargaining Group; (iv) an employee notified to return to work shall report at the time and have failed to do soplace specified by the Employer for so doing or, in accordance with extenuating circumstances, within such extended period of time not exceeding fourteen (14) days from the loss date of seniority provisionthe initial attempt of the Employer to make contact as the Employer may approve, or which approval shall not be unreasonably withheld; (v) it shall be the responsibility of all employees who have been found unable laid off and wish to perform be recalled by the work availableEmployer to keep the Director informed of their respective current addresses and telephone numbers. The Employer shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this Clause by attempting to contact the employee at the employee's last known address on the Employer's records. (bvi) will only appear in those collective agreements where an employee who is laid off and is eligible for recall under this clause shall remain on the recall list for a combined full-time and part-time OPSEU paramedical bargaining unit existmaximum of six (6) months. (ic) In addition to 11.10 Employees may continue participation in health and welfare benefits (aMSP, EHB, Dental and Group Life) a full-time employee who has displaced a part- time employee shall be entitled to return to while on the position they held prior to Recall List by pre‐paying the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionfull monthly premiums in advance. (iid) In addition Employees who are entitled to 11.10recall as a result of a permanent layoff may request a buyout of their recall rights based on a payment equivalent to two (2) weeks, plus one (a1) additional week for each additional completed year of service to a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four maximum payment of eight (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position8) weeks.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee The following shall apply only to laid off members who have elected this process pursuant to paragraph (c) of Clause 15.5: (a) No new members shall be hired following layoff until those members who were laid off have been given a reasonable opportunity of recall from a layoff as detailed below: (b) Subject to an available opening in their former classificationthe provisions below, or an equal or lower paying classification than the one from which the employee was originally laid off, off members shall be recalled in order of seniority, provided they have and shall retain their right to be recalled for three years immediately following the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time date of the layoff. (ac) An employee recalled Laid-off members shall be responsible for ensuring that the Board is notified of their most current mailing address and telephone number. (d) In recalling a laid off member, the Board shall advise the member by double-registered letter directed to the latest mailing address provided by the member, and shall also advise the Association by copy of such letter. (e) A laid off member who does not respond within 7 calendar days of the initial attempt of the Board to contact them shall have no further right to recall under this Clause. (f) Upon making contact with a laid off member as outlined in paragraph (d) above, the Board shall notify the member of the time and place for reporting to work, providing that the Board shall, on request, allow the member to report to work in a different classification up to 14 days from which they were laid offthe date of the Board's initial attempt to contact the member, or at the discretion of the Chief Constable whose approval shall not be unreasonably withheld, up to an employee additional 14 days. (g) A laid off member who refuses to or does not report to work at the time and place as determined in paragraph (f) above shall have no further right to recall under this Clause. (h) Nothing in this Clause shall prohibit a member who has displaced an employee in a lower classification shall be entitled forfeited their rights to return to the position they held prior to the layoff should it become vacant within twenty-four recall from applying for vacancies (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until following such time as all those eligible laid off members have been given an a reasonable opportunity to return to work of recall) and have failed to do so, being appointed in accordance with the loss provisions of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months Clause 5.12 of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee (a) Laid off employees shall have opportunity be placed on a recall list for a period of recall from a layoff two (2) years. (b) Recall to an available opening in their former classification, or an equal or lower paying classification than the one job from which the employee was originally laid off, in order or one substantially derived from it shall be made on the basis of seniority, provided they such position becomes available during the period stated in (a) above. The job in such instance will not be posted. Such laid off regular employees shall also have the qualifications right to apply for all posted jobs, for the period stated in (a) above, and ability to perform with the work, before such opening is filled on a regular basis under a job posting proceduresame preference they would have received if they had not been laid off. The posting procedure In any event they shall be considered for any vacancy which may arise in the Collective Agreement shall not apply until Company provided the recall process has been completed. An employee who is recalled shall be credited employees reaffirm their availability at three (3) month intervals with the seniority they had at the time of the layoffHuman Resources Manager. (ac) An employee recalled to work in a different classification from which they were laid offNew employees will not be hired and job vacancies will not be posted until employees on the recall list who have previously filled the job, or an employee employees who has displaced an employee in a lower classification shall be entitled to return to have not previously filled the position they held prior to job but who can qualify for the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, vacancy in accordance with the loss job selection provisions of seniority provision, or have been found unable to perform the work availableArticle 7.10 are recalled. (bd) will only appear Should there not be an employee on the recall list eligible for recall under (c) above, the job vacancy shall be filled in those collective agreements where a combined full-time accordance with the provisions of Article 7.09 and part-time OPSEU paramedical bargaining unit exist7.10(d). Employees on the recall list shall have the right to apply to all posted jobs, and with the same preference they would have received if they had not been laid off. (ie) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall Notice of recall will be entitled to return sent by registered mail to the position they held prior to last known address of all employees on the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee recall list who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.are eligible for recall under Article 8.05(a). Such employees will have ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An In determining the ability and qualifications as required by law as agreed between the parties of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoff. (a) paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received on the second date of mailing) and return to work within ten working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. a) An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have the qualifications he is qualified and ability able to perform the work, work before such opening is filled filled, on a regular basis basis, under a the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An complete. b) In determining the ability of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoffparagraphs above, the Employer shall not act in an arbitrary or unfair manner. (ac) An employee recalled to work in a different classification from which they were he was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. being recalled. d) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. e) The Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Employer. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for his proper address being on record with the Employer. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (b10) will only appear in those collective agreements where a combined full-time working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a may instead remain on layoff. No full-time employee who has displaced a part- time employee within the bargaining unit shall be entitled laid off by reason of his/her duties being assigned to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a one or more part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionemployees.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification The Employer shall maintain recall list(s) for all Employees on recall. Such list(s) shall be entitled to return provided to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availableUnion quarterly when there are Employees on recall. (b) When increasing the work force, recalls shall be carried out in order of seniority from the laid off Employees from all Sites within a fifty (50) kilometer radius of the vacancy, provided the Employee is capable and qualified of performing the work required. (c) The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence. The Employee so notified will only appear return to work as soon as possible but, in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit existany event, not later than five (5) days following either the date of the telephone call or the date the letter was registered. (i) In addition The Employer shall endeavor to 11.10 (a) offer opportunities for casual work to laid off Employees in order of their seniority before assigning the work to a full-time employee who has displaced a part- time employee shall be entitled to return to Casual Employee, providing the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains laid off Employee is qualified and able to perform capable of performing the duties of their former positionwork required. (ii) In addition Notwithstanding the provisions of Article 30.03(c)(i), casual work shall first be made available to 11.10laid off Employees of the Site from which the Employee was laid off. (aiii) a part-time employee A laid off Employee may refuse an offer of casual work without adversely affecting their recall status. (iv) An Employee who has displaced a full- time employee accepts an offer of casual work shall be entitled governed by the Collective Agreement provisions applicable to return to a Casual Employee, however, such Employee’s recall status and seniority standing upon recall shall not be affected by the position they held prior to period of casual employment. (e) For the layoff should it become vacant within twenty-four (24) months purpose of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.this clause “Casual Work” shall mean:

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An In determining the ability and qualifications as required by law as agreed between the parties of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoff. (a) paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four (24six ( 6 ) months of being recalled. Employees whose employment status was changed from full-time to part-time or vice-versa shall also be entitled to the layoff, provided that the employee remains qualified and able to perform the duties of their former positionsame privilege. No new employees shall be hired until all those laid laid-off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received on the second day after the date of mailing) and return to work within twenty-four ten (2410) months of working days after being notified. The notification shall state the layoff, provided that job to which the employee remains qualified is eligible to be recalled and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-date and time employee who has displaced a full- time at which the employee shall be entitled to return to report for work. The employee is solely responsible for his proper address being on record with the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionEmployer.

Appears in 1 contract

Samples: Collective Agreement

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Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee A teacher who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those is laid off have been given an opportunity shall retain seniority and recall rights for a period not to return to work and have failed to do so, in accordance with exceed three (3) years from the loss date of seniority provision, or have been found unable to perform the work availabletermination of employment. (b) will only appear No new teacher shall be hired and no current teacher shall be allowed to increase their teaching assignment until such time as there are no surplus, redundant or laid off teachers with the required qualifications for the teaching position to be filled. (c) In all cases of recall, teachers shall be recalled in those collective agreements where accordance with his/her seniority ranking provided he/she has the necessary qualifications for the teaching position to be filled or he/she agrees in writing to become qualified prior to the commencement of the assignment. (d) All teachers eligible for recall shall file with the Board and the District 23, OSSTF their most recent address and telephone number. (e) A teacher who is recalled in accordance with this Article shall be reinstated as though there had been no interruption in service or seniority. Teaching experience for grid placement purposes shall not accrue during any period of lay-off. On recall, a combined fullteacher is entitled to sick leave accrued to the time of termination. (f) The Board agrees to notify the President of District 23, OSSTF of the names of all teachers either laid off and/or subsequently recalled. (g) Subject to eligibility requirements, as specified by the carriers, teachers on lay- off and eligible for recall, shall be entitled to continue participation in the group extended health and dental benefit plans to which he/she belonged at the time of termination of employment for a maximum of up to three (3) years from the date the teacher s employment terminated. Such teacher must pay 100% of the premium costs. XIII SENIORITY, SURPLUS AND REDUNDANT STAFF, RECALL (Continued) (h) An offer of position shall be made originally by telephone. A teacher shall inform the Board of his/her acceptance or rejection within forty-time eight (48) hours of receiving the offer, exclusive of Saturday and partSunday. A teacher who fails to inform the Board within forty-time OPSEU paramedical bargaining unit existeight (48) hours shall be deemed to have rejected the offer. (i) In addition If no contact can be made with the teacher by telephone, the Board shall contact the teacher, in writing, by priority post or courier. It shall be deemed a refusal of an offer if a redundant teacher does not respond to 11.10the offer of a position by midnight on the seventh (7th) calendar day after the date of mailing of the written offer (aj) A teacher has the right to refuse three recalls to a position offered by the Board without prejudice to the teacher s recall rights. A fourth refusal of an offer will result in the teacher losing all rights of recall. Any refusal to a position in the same school previously refused shall not constitute one of the recall entitlements. (k) Notwithstanding (j) above, during the recall period, a teacher who is enrolled in educational upgrading courses which prevent him/her from accepting a position offered by the Board has the right to refuse such a position without prejudice to the teacher s recall rights. (l) Teachers who were on part-time assignment at the time they were laid off shall be recalled to part-time assignments only, as long as there are teachers with recall rights. (m) Teachers who were on full-time assignment shall be recalled to either full-time or part-time assignments, provided that teachers who had full-time assignments shall have the right to refuse a part-time assignment without losing their right of recall. (n) A teacher who was on a full-time employee assignment and who has displaced accepts a part- time employee shall be entitled recall to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced assignment shall retain the right to a full- full-time employee assignment provided that he/she shall only be entitled to return that assignment at the commencement of a term or a semester, or through increased staffing as a result of enrolment review. (o) If a teacher is being recalled to a position in the position they held prior to school from which he/she was declared redundant, the layoff should it become vacant within twenty-four (24) months teacher shall be placed by the Board. No right of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionrefusal exists.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An In determining the ability and qualifications as required by law as agreed between the parties of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoff. (a) An employee recalled to work paragraph above, the Employer shall not act in a different an arbitrary manner. classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four (24six ( 6 ) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid laid-off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received on the second day after the date of mailing) and return to work within twenty-four ten (2410) months of working days after being notified. The notification shall state the layoff, provided that job to which the employee remains qualified is eligible to be recalled and able the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to perform the duties exceed twenty (20) days of their former position. (ii) In addition to 11.10 (a) a part-time work. An employee who has displaced a full- time employee been recalled to such temporary vacancy shall not be entitled required to return to accept such recall and may instead remain on lay-off. This provision supersedes the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionjob posting provision.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee (a) Employees on layoff shall have opportunity be recalled on the basis of seniority provided that the employees eligible for recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the available work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were he/she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they he/she held prior to the layoff lay-off should it become vacant within twenty-four (24) 12 months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. being recalled. (b) No new employees shall be hired until all those laid off employees with recall rights have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (bc) will only appear in those collective agreements where a combined full-It is the sole responsibility of the employee who has been laid off to notify the Employer of the employee’s intention to return to work within five working days after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within 10 working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time and part-time OPSEU paramedical bargaining unit existat which the employee shall report to work. The employee is solely responsible for the employee’s proper address being on record with the Employer. (id) In addition to 11.10the event that a lay-off commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay-off commenced. (ae) A laid-off employee shall retain the rights of recall for a period of 24 months from the date of lay-off. (f) No full-time employee who has displaced a part- time employee within the bargaining unit shall be entitled laid off by reason of his/her duties being reassigned to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a one or more part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionemployees.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee (a) For the purposes of Articles 29.08 through 29.11, “full layoff” shall have opportunity mean that a regular Employee does not hold a regular or temporary position due to the application of recall from Article 29. (b) All regular and temporary vacancies shall be posted. Where there are regular Employees on full layoff, the application of these postings shall be limited to regular Employees who are currently working in regular or temporary positions. Casual Employees, regular Employees on full layoff and external applicants may not apply. The postings and selection process shall be administered in accordance with Article 12: Appointments, Transfers and Promotions. (c) Where there are no applicants for a posted vacancy or there are no suitable applicants, the most senior regular Employee on full layoff to an available opening in their former classificationwho has the skills, or an equal or lower paying classification than the one from which the employee was originally laid offtraining, in order of seniority, provided they have the qualifications knowledge and ability to perform the work, before such opening is filled on a regular basis under a job posting procedureshall be offered the position. Should the position being offered to the Employee be in an alternate classification from which the Employee was laid off (General Support or Auxiliary Nursing), the Employee may refuse the recall without adversely affecting their recall status. The posting procedure in the Collective Agreement shall not apply until the method of recall process has been completed. An employee who is recalled shall be credited by telephone, and if contact with the seniority they had at Employee is not accomplished, by registered letter sent to the time Employee’s last known place of residence or by personal delivery of the layoffsame. When dispatched by regular mail the letter shall be deemed delivered five (5) calendar days from the date of mailing. The Employee so notified shall report for work as directed but in any event shall notify the Employer of their intent no later than five (5) days following the delivery date. (ad) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall regular or temporary or casual Employees will be hired until all those laid off have been given an opportunity to return to work when there are other Employees, who possess the skills, training, knowledge and have failed to do soability for the available job, in accordance with the loss of seniority provision, or have been found unable to perform the work availableon full layoff. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were Employees who are laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four placed on a recall list and shall retain and accrue seniority for a maximum of twelve (2412) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablemonths. (b) will only appear Where the Employer determines that it needs to recall staff, employees laid off shall be recalled in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist.reverse order layoff. Notwithstanding the foregoing, (i) In addition to 11.10 (a) a full-time employee who has displaced must accept a recall to a full-time position and/or a part-time position, as required, although recall to a part- time employee shall be entitled position will not extinguish the right to return recall to the a full-time position they held prior to the layoff should it one become vacant within twenty-four (24) months of available during the layoff, provided that the employee remains qualified and able to perform the duties of their former position.; (ii) In addition to 11.10 (a) a part-time employee who has displaced must accept a full- recall to a part-time position, as required; (iii) a part-time employee may not be recalled to a full-time position. (c) An employee and the Employer may agree during the recall period to elect to terminate the employment relationship and the employee would receive any termination and severance pay in accordance with the Ontario Employment Standards Act, 2000 to which he is entitled (if any). The employee will then be removed from the recall list and the Employer shall have no further obligation with respect to this employee. (d) No new employees will be hired into the bargaining unit until those employees on the recall list have been offered the opportunity of such recall. (e) Notice of recall shall be sent by courier to the employee‟s last known address and shall be deemed delivered on the following business day. It shall be the employee‟s responsibility to keep the Employer advised of his or her current address at all times. Employees must indicate within forty-eight (48) hours of the recall notice that he or she is willing and able to return to work or the employee shall be entitled deemed to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified have refused recall and able to perform the duties of their former positionseniority rights.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have the opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the qualifications and ability skills to perform the work. In determining the skills of an employee to perform the work for the purposes of the paragraph above, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement Employer shall not apply until the recall process has been completedact in an arbitrary manner. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the right of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four twelve (2412) months of being recalled, if the layoff, provided that qualifications of the employee remains qualified and able to perform the duties of their former position. job have not changed No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within twenty-four (24) months of ten working days after being notified. The notification shall state the layoff, provided that job to which the employee remains qualified is eligible to be recalled and able the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to perform the duties exceed twenty (20) days of their former position. (ii) In addition to 11.10 (a) a part-time work. An employee who has displaced a full- time been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. A laid off employee shall be entitled to return to retain the position they held prior to the layoff should it become vacant within twentyrights of recall for a period of thirty-four six (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.36)

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee A. In the event the work force covered by the terms of this Agreement is increased following a layoff, employees shall have opportunity be recalled in the order and manner outlined below, subject to the applicable provisions of recall from a layoff Article XV, Leaves of Absence. 1. First, employees who exercised their seniority within their classification by accepting another position equal to an available opening in their former classification, or an equal or lower paying classification than the one position from which the employee was originally they were laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled off shall be credited with recalled to the seniority position they had held at the time of layoff on the layoffbasis of seniority accrued within the classification, with the highest seniority employee being recalled first. (a) An employee 2. Second, employees shall be recalled to work in a different the classification from which they were laid off, or an employee who has displaced an employee off in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months reverse order of the layoff, with the highest seniority employee being recalled first. This provision applies to employees who were laid-off from the classification and to employees who were likewise laid off from the classification, but who exercised their accrued seniority to secure a position in another classification in which they had previously worked. 3. Employees being recalled in accordance with the provisions of Section 2 above shall be eligible for positions that are lower than or equal to the position from which they were laid off based upon comparative wage rates, provided that they are qualified to assume the position that differs from the one they held at the time of layoff. B. In the event of a recall, the Board shall provide a written notice of recall to the affected employee(s) by personal delivery, or by registered or certified mail, sent to the employee remains qualified at his/her last known address. It is the responsibility of the employee to keep the Board advised of his/her current address, and able of any changes in his/her address. C. In the event an employee fails to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity report his/her intent to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall. (a) An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have he or she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (ab) An employee recalled to work in a different classification from which they were he or she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. being recalled. (c) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (bd) will only appear in those collective agreements where a combined full-The Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time and part-time OPSEU paramedical bargaining unit existat which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Employer. (ie) In addition Employees on layoff shall be given preference for temporary vacancies which are expected to 11.10 exceed fifteen (a15) a full-time working days but less than seven (7) weeks as provided in Article 13.01 (b) of the Collective Agreement. An employee who has displaced a part- time employee been recalled to such temporary vacancy shall not be entitled required to return to accept such recall and may instead remain on layoff. In such cases the position they held prior to the layoff should it become vacant within twenty-four (24) months job posting provision of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionCollective Agreement is not considered violated. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the qualifications and ability skills to perform the work. In determining the skills of an employee to perform the work for the purposes of the paragraph above, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement Employer shall not apply until the recall process has been completedact in an arbitrary manner. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within twenty-four ten (24IO) months of working days after being notified. The notification shall state the layoff, provided that job to which the employee remains qualified is eligible to be recalled and able the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to perform the duties exceed twenty (20) days of their former position. (ii) In addition to 11.10 (a) a part-time work. An employee who has displaced a full- time been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay- Off. A laid off employee shall be entitled to return to retain the position they held prior to the layoff should it become vacant within twenty-four (24) months rights of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.recall for a period of

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An In determining the ability and qualifications as required by law as agreed between the parties of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoff. (a) paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four (24) six months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within ten working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee (a) For the purposes of Articles 29.08 through 29.11, “full layoff” shall have opportunity mean that a regular Employee does not hold a regular or temporary position due to the application of recall from Article 29. (b) All regular and temporary vacancies shall be posted. Where there are regular Employees on full layoff, the application of these postings shall be limited to regular Employees who are currently working in regular or temporary positions. Casual Employees, regular Employees on full layoff and external applicants may not apply. The postings and selection process shall be administered in accordance with Article 12: Appointments, Transfers and Promotions. (c) Where there are no applicants for a posted vacancy or there are no suitable applicants, the most senior regular Employee on full layoff to an available opening in their former classificationwho has the skills, or an equal or lower paying classification than the one from which the employee was originally laid offtraining, in order of seniority, provided they have the qualifications knowledge and ability to perform the work, before such opening is filled on a regular basis under a job posting procedureshall be offered the position. Should the position being offered to the Employee be in an alternate classification from which the Employee was laid off (General Support or Auxiliary Nursing), the Employee may refuse the recall without adversely affecting her recall status. The posting procedure in the Collective Agreement shall not apply until the method of recall process has been completed. An employee who is recalled shall be credited by telephone, and if contact with the seniority they had at Employee is not accomplished, by registered letter sent to the time Employee’s last known place of residence or by personal delivery of the layoffsame. When dispatched by regular mail the letter shall be deemed delivered five (5) calendar days from the date of mailing. The Employee so notified shall report for work as directed but in any event shall notify the Employer of their intent no later than five (5) days following the delivery date. (ad) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall regular or temporary or casual Employees will be hired until all those laid off have been given an opportunity to return to work when there are other Employees, who possess the skills, training, knowledge and have failed to do soability for the available job, in accordance with the loss of seniority provision, or have been found unable to perform the work availableon full layoff. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee (a) A paramedic shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have the qualifications necessary knowledge, skill and ability to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the this Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (ab) An employee A paramedic recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff should it become vacant within (24) twenty-four (24) months of the layoffeffective date of the paramedic’s layoff and provided they still have the necessary knowledge, provided that the employee remains qualified skill and able ability to perform the duties work. (c) In determining the knowledge, skill and ability of their former position. a paramedic to perform the work for the purposes of 14.04 (a) and (b), the Employer shall not act in an arbitrary or unfair manner. (d) No new employees paramedic shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (be) will only appear in those collective agreements where a combined full-The Employer shall notify the paramedic of recall opportunity by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the paramedic is eligible to be recalled and the date and time and part-time OPSEU paramedical bargaining unit existat which the paramedic shall report for work. The paramedic is solely responsible for their proper address being on record with the Employer. (if) In addition to 11.10 (aParamedic(s) a full-time employee who has displaced a part- time employee on layoff shall be entitled offered temporary vacancies which are expected to return to the position they held prior to the layoff should it become vacant within twenty-four exceed ten (2410) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionscheduled shifts. (iig) In addition No full time paramedic within the bargaining unit shall be laid off by reason of their duties being assigned to 11.10one (1) or more part time paramedic(s). (ah) On lay off, a part-full time employee who paramedic will be offered first opportunity to work available part time hours. This opportunity applies for the duration of lay off as long as recall rights exist for the laid off paramedic. Any severance pay owed to such paramedic in the event of lay off is not payable for the duration of time during which the paramedic is accessing part time hours under this provision. If the paramedic has displaced not been recalled to full time employment as of expiration of his recall rights, their severance pay entitlement will be based on the paramedic’s entitlement to severance pay as a full- full time employee shall paramedic and will be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months paid as of the layoffexpiration of recall rights. On payment of severance pay, provided that any subsequent access to part time employment is only on the employee remains qualified mutual agreement of the Employer and able to perform the duties of their former positionparamedic(s).

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In the case of employees who have opportunity completed the probationary period and are laid off due to lack of recall from a layoff work, the Corporation agrees to an available opening give such employees preference in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offrecall, in order of their seniority, provided they have subject to the qualifications and ability to perform following conditions: A. That the work, before such opening employee is filled on a regular basis under a job posting procedure. The posting procedure in capable of performing the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall work which may be credited with the seniority they had at the time of the layoffavailable. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. B. No new employees shall be hired following a lay-off until all those employees who were laid off have been given an a reasonable opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist.recall as follows: (i) In addition the Employer shall make every reasonable attempt to 11.10 (a) a full-time employee who has displaced a part- time employee contact the employees in order of their seniority and the employees shall be entitled to return to recalled by the position employer in such order provided that they held prior to the layoff should it become vacant respond within twentyforty-four eight (2448) months hours of the layoff, provided that initial attempt of the employee remains qualified and able employer to perform the duties of their former positioncontact them. (ii) In addition to 11.10upon making contact with an employee, the Employer shall specify the time when the employee shall report for work. (aiii) a part-time an employee who has displaced a full- time employee does not respond within forty-eight (48) hours of the initial attempt of the Employer to contact him/her, or who refuses to report for work shall be entitled placed at the bottom of the list of employees eligible for recall under this clause notwithstanding his/her seniority. (iv) an employee notified to return to work shall report at the position they held prior to time and place specified by the layoff should it become vacant Employer for so doing, or in extenuating circumstances, within twenty-four such extended period of time not exceeding fourteen (2414) months days from the date of the layoffinitial attempt of the Employer to contact them. (v) an employee who is offered recall in a classification other than their own and who subsequently refuses such recall, provided in writing, due to inability or other cause shall lose their right to recall for that particular position. However, the employee remains qualified shall retain their right of recall for all further job opportunities. (vi) an employee who is given lay-off notice shall have the right to bump junior employee. C. It shall be the employee’s responsibility to keep the Corporation informed of his/her telephone number and able address for notification. If such information is incorrect, recall responsibility is canceled. D. Notwithstanding any of the provisions of this Agreement, a former employee shall have no preferential rights to perform re-employment after a period of two (2) years from the duties of their former positiondate on which they were laid off.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have the opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have he or she has the qualifications and ability to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completedcomplete. An In determining the ability of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoff. (a) paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which they were he or she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff lay-off should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. . The hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (bwhich notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) will only appear in those collective agreements where a combined fullworking days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. No full time and employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time OPSEU paramedical bargaining unit exist. (i) employees. In addition to 11.10 (a) the event of a fulllay-time employee who has displaced a part- time employee off of an employee, the Hospital shall be entitled to return to pay its share of insured benefits, premiums for the position they held prior to the layoff should it become vacant within twenty-four (24) months duration of the layoff, five (5) month notice period provided that the employee remains qualified and able to perform the duties of their former positionfor in Article 6.08. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. a) An employee shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have the qualifications he is qualified and ability able to perform the work, work before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An complete. b) In determining the ability of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoffparagraphs above, the Employer shall not act in an arbitrary or unfair manner. (ac) An employee recalled to work in a different classification from which they were he or she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they held prior to the layoff should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. being recalled. d) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. e) The Employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Employer. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for his or her proper address being on record with the Employer. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (b10) will only appear in those collective agreements where a combined full-time working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a may instead remain on layoff. No full-time employee who has displaced a part- time employee within the bargaining unit shall be entitled laid off by reason of his/her duties being assigned to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a one or more part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionemployees.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee Employees on layoff or employees who bump to avoid layoff shall have opportunity of recall from a layoff to an available opening be recalled in their former classificationthe following order: A. After posting as specified in Article VII - Vacancies, or an equal or lower paying classification than the one from which the employee was originally laid off, shall be recalled in order of seniority, provided they have the qualifications and ability greatest applicable classification seniority to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure any open position which becomes available in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority classification to which they had were assigned at the time of layoff or within the layoff. (a) An employee recalled to work in a different classification from which they were laid offbumped to avoid layoff. If an employee on xxxxxx is recalled to said position and rejects such recall, or he/she shall lose all of his/her recall rights and his/her continuous service shall be broken and employment relationship shall be severed. If an employee who has displaced an employee in a lower classification bumps to avoid xxxxxx is recalled to said position and rejects such recall, he/she shall be entitled to return lose his/her recall rights to the position they held prior applicable specific classification until he/she is subsequently laid off; however, such rejection shall not affect his/her rights enumerated in Section 7-B of this Article. B. After posting as specified in Article VII - Vacancies, employees on layoff who are unable to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able bump or who choose not to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, bump in accordance with Sections 5 and/or 6 of this Article and employees who bump to avoid layoff, holding classification seniority in other job classification(s), shall be recalled in order of greatest applicable classification seniority to any open position which becomes available in any of the loss applicable classification(s). If the employee is recalled to said position and rejects such recall, he/she shall lose his/her recall rights to the applicable specific job classification until he/she is subsequently laid off; however, such rejection shall not affect his/her rights enumerated in Section 7-A of seniority provision, or have been found unable to perform the work availablethis Article. (b) will only appear C. After posting as specified in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee Article VII – Vacancies, employees on layoff shall be entitled recalled in order of greatest unit seniority to return any open position which becomes available within Custodial I classification. If an employee is recalled to a position and rejects the position they held prior recall, he/she shall lose his/her recall rights to the layoff should it become vacant within twentyCustodial I classification until he/she is subsequently laid off. However, such rejection shall not affect his/her rights enumerated in Sections 7-four (24) months A and B of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionthis Article. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall. An employee shall have opportunity of recall from a layoff to an available opening Except as provided in their former classification12.5(c), or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under employee on layoff shall retain recall rights for a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited period of twelve months commencing with the seniority they had at the time date of the layoff.. The recall procedure shall be as follows: (a) An A laid off employee recalled to work in a different classification from shall be automatically considered for any higher paying position which they were laid offbecomes vacant, provided the employee has the education, skills, knowledge, and experience or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months equivalent combination of the layoff, provided that the employee remains qualified and able qualifications to perform the duties of their former the position. No new employees The selection for that vacant position shall be hired until all those laid off have been given an opportunity made pursuant to return to work and have failed to do so, in accordance with the loss Article 11 of seniority provision, or have been found unable to perform the work availablethis Agreement. (b) will only appear In the event that the laid off employeeÕs former position, or a position in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition which the nature of the work is reasonably similar to 11.10 (a) a full-time that which the employee who has displaced a part- time carried out prior to layoff, becomes vacant, then the laid off employee shall be entitled to return to offered the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified has the education, skills, knowledge, and able experience or an equivalent combination of qualifications to perform the duties of their former the position. If this situation occurs and there are two or more laid off employees in the same circumstances the vacant position shall be offered to the most senior of the laid-off employees. (iic) In addition to 11.10 (a) Where a partlower paying position becomes vacant, the laid-time employee who has displaced a full- time off employee shall be entitled to return to offered the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified has the education, skills, knowledge, and able experience or an equivalent combination of qualifications to perform the duties of their former the position. The laid-off employee shall have the right to refuse this offer, and such refusal shall not be considered a refusal pursuant to 12.4(e). (d) The Agency shall send notice of such vacant positions to laid-off employees. It is the responsibility of the laid-off employee to ensure that the Agency is duly notified of his/her current address. (e) Where an employee is unavailable for, or declines two (2) offers of re-employment made pursuant to this Article, on separate days within one (1) recall period, he/she shall be deemed to have declined the opportunity for employment and shall be dropped from the Recall List. In such a case, the person could only return to the Agency as a new employee. (f) An employee who has the education, skills, knowledge, and experience or an equivalent combination of qualifications to perform the duties of the position, is offered a temporary vacancy or fixed term recall and accepts that temporary vacancy or fixed term recall, cannot claim the right to notice or pay in lieu pursuant to Article 12.3 (a) when that term expires and the employee returns to layoff status. However, if the employee declines the temporary vacancy or fixed term recall, he/she will not be dropped from the Recall List as provided in 12.4(e). For the purposes of this provision and Article 11.11 (a) and (b) the Agency shall notify the employee by telephone. (g) A regular employee on layoff who has opted for recall will be entitled to the following benefits: (i) Basic Medical; (ii) Extended Health; (iii) Group Life; (iv) Dental; for a period of one (1) year from the date of layoff. Premium payments will be paid by the Employer on behalf of the employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall. An (a) A Full Time employee shall have the opportunity of recall from a layoff to an available full time opening in their former classification, or an equal or lower paying the classification than the one from which the employee he or she was originally laid offoff or to another classification in Group 2 of Schedule "A", in order of seniority, provided they have he or she has the bona fide qualifications and ability to perform the work, before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (b) A Regular Part Time employee shall have the opportunity of recall from a layoff to an available regular part time opening in the classification from which he or she was laid off or to another classification in Group 2 of Schedule "A", in order of seniority, provided he or she has the bona fide qualifications and ability to perform the work, before such opening is filled on a regular basis under the job posting procedure. (c) In determining the ability of an employee to perform the work for the purposes of the paragraphs a) An and b) above, the Employer shall not act in an arbitrary or unfair manner. (d) A Full Time employee recalled to work in a different classification from which they were he or she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the right of returning to the position they classification he or she held prior to the layoff should it become vacant a full time vacancy arise within twenty-four that classification within six (246) months of being recalled. (e) A Regular Part Time employee recalled to work in a different classification from which he or she was laid off shall have the layoff, provided right of returning to the classification he or she held prior to the layoff should a regular part time vacancy arise within that the employee remains qualified and able to perform the duties classification within six (6) months of their former position. being recalled. (f) No new full time employees shall be hired in the classification in which a layoff has taken place or in another classification in Group 2 of Schedule "A" until all those laid off full time employees who retain seniority have been given an the opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, so or have been found unable to perform the work available. (bg) will only appear No new regular part time employees shall be hired in those collective agreements where the classification in which a combined full-layoff has taken place or in another classification in Group 2 of Schedule "A", until all laid off regular part time employees have been given the opportunity to return to work and part-time OPSEU paramedical bargaining unit existhave failed to do so or have been found unable to perform the work available. (i) In addition to 11.10 (a) a full-Full Time employees on notice of layoff or actually on layoff shall be given preference for temporary full time vacancies occurring in their own classification or another classification in Group 2 of Schedule "A" which are expected to last for at least three (3) months, provided he or she has the bona fide qualifications and ability to perform the work. The Full Time employee who has displaced a part- time employee been offered such temporary vacancy shall not be required to accept such offer. (b) Regular Part Time employees on notice of layoff or actually on layoff shall be entitled given preference for temporary regular part time vacancies occurring in their own classification or another classification in Group 2 of Schedule "A" which are expected to return to the position they held prior to the layoff should it become vacant within twenty-four last for at least three (243) months of the layoffmonths, provided that he or she has the employee remains qualified bona fide qualifications and able ability to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time work. The Regular Part Time employee who has displaced a full- time employee been offered such temporary vacancy shall not be entitled required to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionaccept such offer.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity (i) Each laid off Regular Employee may elect to remain on an “Active-Subject to Recall” list to be maintained by the Company for twelve (12) or eighteen (18) months subsequent to the effective date of recall from a layoff the Employee’s lay off. Seniority will continue to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled accumulate for those Regular Employees who remain on a regular basis under a job posting procedurethis list. The posting procedure in Regular Employee’s employment with the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled Company shall be credited with deemed to be terminated if the seniority they had at the time of the layoff. (a) An employee Employee is not recalled to work in a different classification from which they were laid offwithin this twelve (12) or eighteen (18) month period, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionwhichever is applicable. (ii) In addition A laid off Regular Employee wishing to 11.10make the election to be on the “Active- Subject to Recall” list pursuant to paragraph (i) above shall do so in writing to the Company by the effective day of the lay off. (aiii) Regular Employees who have either: (1) bumped into a part-time employee who has displaced a full- time employee different position pursuant to Article 14.01(d)(iv)(2) or (d)(iv)(8), or (2) elected to remain on the “Active - Subject to Recall” list pursuant to Article 14.01(e), shall be entitled to return be recalled, based upon Company seniority, to a position within the bargaining unit which the Employee had, at some time in the past, held on a permanent basis. (iv) A laid off Regular Employee who is recalled to a temporary position in the bargaining unit pursuant to paragraph (iii) above shall be considered a Temporary Employee for the purposes of this Agreement while so employed by the Company. The recall period referred to in paragraph (i) above shall be frozen during the time that the laid off Regular Employee is filling the temporary position. However, the laid off Regular Employee who is filling the temporary position shall be entitled to be considered for recall to a vacant permanent position in the bargaining unit pursuant to paragraph (iii) above. (v) Each Regular Employee on the “Active-Subject to Recall” list shall have the right of one refusal of recall to a vacant permanent position in the bargaining unit, after which his/her name shall be removed from the list. (vi) A Regular Employee on the “Active- Subject to Recall” list must ensure that the Company is at all relevant times aware of the Employee’s current address and telephone number. (vii) A Regular Employee who fails to respond to the position they held prior Company, within seven (7) calendar days of personal notification to the layoff should it become vacant Employee of his/her recall, advising whether he/she will be accepting or refusing recall shall: (1) if the Employee had not previously refused a recall pursuant to paragraph (e)(v) above, be deemed to have exercised his/her right of one refusal of recall, or (2) if the Employee had previously exercised his/her right of one refusal of recall, be considered to have resigned from his/her employment with the Company. (viii) A Regular Employee who advises the Company pursuant to sub-paragraph (e)(vii) above that he/she accepts the recall, and who subsequently fails to report for duty within twenty-four one (2421) months calendar days of personal notification to the layoffEmployee of his/her recall, provided that shall be considered to have resigned from his/her employment with the employee remains qualified and able to perform the duties of their former positionCompany.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee Employees who have been laid occupation or from the Company shall have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than be recalled on the one from which the employee was originally laid off, in order of basis ofoccupational seniority, provided they have the qualifications and ability to perform the workprovided, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process however, that an employee who has been completed. An employee who is recalled shall be credited with the seniority they had laid off and who, at the time of such layoff, had acquired seniority in the layoff. (a) An employee Utility occupation, shall be recalled to work in a different classification from which they were laid offthat occupation on the basis of continuous service with the Company, or and an employee who has displaced been laid off from the Company and who, at the time of such did not have seniority in the Utility occupation, and did not refuse to accept that occupation, and was not, in opinion of to any of the work the Utility occupation, shall be offered one opportunity to claim recall to such occupation on the basis of continuous service with the Company. Such shall notify the Company intention relating to such the time limits provided in Article of this Agreement, but if he does not accept such opportunity, the provisions of Subsection shall not The Company shall, before any new applicants for employment, fill permanent vacancies in occupations than the Utility occupation in the following order: by the transfer in lieu of lay-offas provided in Subsection of this Agreement. by the transfer selected in accordancewith the provisions of this Article. Transfers under Subsection above shall be restricted to permanent which an has approved by Company, provided, however, that per in the following occupations shall not be subject to the provisions Article: Occupations from is currently laid off and to which he has recall rights in Subsection Agreement. Occupations in which vacancy exists because transfer of an employee therefrom in a lower classification shall with the provisions of this Article. Notwithstanding provision in this Article, in order for an employee to be entitled to return eligible for to the position they held prior to occupations listed below, such employee must, at the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.time

Appears in 1 contract

Samples: Collective Agreement

Recall. The decision of the employee to choose or above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. An employee shall have the opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the qualifications and ability skills to perform the work. In determining the skills of an employee to perform the work for the purposes of the paragraph above, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement Employer shall not apply until the recall process has been completedact in an arbitrary manner. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the right of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four twelve (2412) months of being recalled, if the layoff, provided that qualifications for the employee remains qualified and able to perform the duties of their former positionjob have not changed. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within twenty-four (24ten 0) months of working days after being notified. The notification shall state the layoff, provided that job to which the employee remains qualified is eligible to be recalled and able the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to perform the duties exceed twenty (20) days of their former position. (ii) In addition to 11.10 (a) a part-time work. An employee who has displaced a full- time employee been recalled to such temporary vacancy shall not be entitled required to return to the position they held prior to the layoff should it become vacant within twentyaccept such recall and may instead remain on lay-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionoff.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee Employees on layoff or employees who bump to avoid layoff shall have opportunity of recall from a layoff to an available opening be recalled in their former classificationthe following order: A. After posting as specified in Article VII - Vacancies, or an equal or lower paying classification than the one from which the employee was originally laid off, shall be recalled in order of seniority, provided they have the qualifications and ability greatest applicable classification seniority to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure any open position which becomes available in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority classification to which they had were assigned at the time of layoff or within the layoff. (a) An employee recalled to work in a different classification from which they were laid offbumped to avoid layoff. If an employee on xxxxxx is recalled to said position and rejects such recall, or he/she shall lose all of his/her recall rights and his/her continuous service shall be broken and employment relationship shall be severed. If an employee who has displaced an employee in a lower classification bumps to avoid xxxxxx is recalled to said position and rejects such recall, he/she shall be entitled to return lose his/her recall rights to the position they held prior applicable specific classification until he/she is subsequently laid off; however, such rejection shall not affect his/her rights enumerated in Section 7-B of this Article. B. After posting as specified in Article VII - Vacancies, employees on layoff who are unable to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able bump or who choose not to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, bump in accordance with the loss Sections 5 and/or 6 of this Article and employees who bump to avoid layoff, holding classification seniority provisionin other job classification(s), or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time employee who has displaced a part- time employee shall be entitled recalled in order of greatest applicable classification seniority to return any open position which becomes available in any of the applicable classification(s). If the employee is recalled to said position and rejects such recall, he/she shall lose his/her recall rights to the position they held prior to the layoff should it become vacant within twentyapplicable specific job classification until he/she is subsequently laid off; however, such rejection shall not affect his/her rights enumerated in Section 7-four (24) months A of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionthis Article. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Recall. An employee shall have opportunity (a) Subject to the provisions of recall from a layoff to paragraph (b) of this subclause an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, in order of seniority, provided they have the qualifications and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. An employee who is recalled to work for any purpose shall be credited with the seniority they had paid a minimum of three hours at the time of the layoff. (a) An employee recalled appropriate overtime rate. However, he or she shall not be obliged to work for three hours if the work for which he or she was recalled is completed in a different classification from which they were laid offless time, or provided that if an employee who has displaced an employee in is called out within three hours of starting work on a lower classification previous call he or she shall not be entitled to return to any further payment for the position they held prior to the layoff should it become vacant time worked within twenty-four (24) months that period of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work availablethree hours. (b) will only appear Where an employee is recalled to work for any purpose, within three hours of commencing normal duty, he or she shall be paid at the appropriate overtime rate for that period up until the commencement time of normal duty, but the employee shall not be obliged to work for the full period if the work for which he or she was recalled is completed in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit existless time. (ic) In addition Where an employee is recalled to 11.10 duty in accordance with paragraphs (a) a full-or (b) of this subclause, then the payment of the appropriate overtime rate shall commence from the time the employee starts work in the case of an employee who has displaced a part- is on call. (d) Where an employee who is not on call is recalled to duty, time spent travelling to and from the place where the emergency duty is performed shall be included for the purpose of overtime payment. Provided that where an employee is recalled within three hours of commencing normal duty, only time spent in travelling to work shall be included with actual duty for the purpose of overtime payment. (e) An employee shall if recalled to work be provided free of charge with transport from home to the Hospital and return or be paid the vehicle allowance provided in Clause 3.6 Travel Allowance. Provided that if recalled to work within three hours of commencing normal duty and the employee remains at work, he or she shall only be entitled to return the provisions of this paragraph for a one way journey from home to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionwork. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Enterprise Agreement

Recall. (a) An employee shall have opportunity of recall from a layoff \ lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the ability and qualifications and ability as required by law to perform the work, work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement collective agreement shall not apply until the recall process has been completed. An In determining the ability and qualifications as required by law as agreed between the parties of an employee who is recalled shall be credited with to perform the seniority they had at work for the time purposes of the layoff. (a) paragraph above, the Employer shall not act in an arbitrary manner. An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four (24) six months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid laid-off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- time employee shall be entitled been laid off to notify the Employer of his intention to return to the position they held prior work within three working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the layoff should it become vacant last address on record with the Employer (which notification shall be deemed to have been received on the second day after the date of mailing) and return to work within ten working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. This provision supersedes the job posting provision. A laid off employee shall retain the rights of recall for a period of twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In recalling employees (other than probationary employees) who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order of seniority, provided they have the qualifications following terms and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement conditions shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.apply: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall The employees must be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No work made available to them; (b) no new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows: (i) the Corporation shall make every reasonable attempt to contact the employees in order of their seniority and the employees shall be recalled by the Corporation in such order provided that they respond within forty-eight (48) hours of the initial attempt of the Corporation to contact them; (ii) upon making contact with an opportunity employee, the Corporation shall specify the time when the employee shall report for work; (iii) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Corporation to make contact, or who refuses to report for work, shall be placed at the bottom of the list of employees eligible for recall under this Clause; (iv) an employee notified to return to work shall report at the time and have failed to do so, in accordance with place specified by the loss of seniority provisionCorporation for so doing, or in extenuating circumstances, within such extended period of time not exceeding fourteen (14) calendar days from the date of the initial attempt of the Corporation to make contact as the Director of Human Resources may approve, which approval shall not be unreasonably withheld; (v) it shall be the responsibility of all employees who have been found unable laid off and wish to perform be recalled by the work availableCorporation to keep the Director of Human Resources informed of their respective current addresses and telephone numbers. The Corporation shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this Clause by attempting to contact the employee at the employee's last known address on the Corporation's records. (bvi) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time an employee who has displaced is laid off and is eligible for recall under this Clause shall remain on the recall list for a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four maximum of six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee on lay-off shall have the opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid off, permanent position in order of seniority, provided they have she has the qualifications present ability, qualifications, skills, training and ability experience to perform the work, available work before such opening position is filled on a regular basis under a the job posting procedureArticle When permanent are not able to be filled from employees on recall because no employee meets the requirements of the as per Article the job posting procedures of Article shall then When an employee is placed on recall she shall specify in writing the temporary positions she is willing to perform. The posting procedure in Accordingly, employees on lay-off or notice of lay-off shall be given preference for temporary positions, provided they meet the Collective Agreement shall not apply until the recall process has been completed. requirements of those positions as per Article An employee who has been recalled to such temporary positions shall not be required to accept such recall and may instead remain on lay-off. It is recalled shall be credited with the seniority they had at the time sole responsibility of the layoff. (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No new employees shall be hired until all those been laid off have been given an opportunity to notify the Employer of her intention to return to work within five (5) calendar days of recall of Saturdays, Sundays and have failed paid holidays) after being notified to do soso by registered mail, in accordance addressed to the last address on record with the loss of seniority provision, or Employer (which notification shall be deemed to have been found unable received on the second day following the date of mailing) and to perform return to work within ten (10) calendar days after being notified. The notification shall state the work available. (b) will only appear in those collective agreements where a combined full-job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for her current proper address and part-time OPSEU paramedical bargaining unit exist. (i) In addition telephone number being on record with the Employer. Should the employee fail to 11.10 comply with (a) a full-time employee who has displaced a part- time employee above, they shall be entitled subject to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months Article Loss of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionSeniority. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall In recalling employees (other than probationary employees) who have opportunity of recall from a layoff to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally been laid off, in order of seniority, provided they have the qualifications following terms and ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement conditions shall not apply until the recall process has been completed. An employee who is recalled shall be credited with the seniority they had at the time of the layoff.apply: (a) An employee recalled to work in a different classification from which they were laid off, or an employee who has displaced an employee in a lower classification shall The employees must be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. No work made available to them; (b) no new employees shall be hired following a layoff until all those employees who were laid off have been given a reasonable opportunity of recall as follows: (i) the Corporation shall make every reasonable attempt to contact the employees in order of their seniority and the employees shall be recalled by the Corporation in such order provided that they respond within forty- eight (48) hours of the initial attempt of the Corporation to contact them; (ii) upon making contact with an opportunity employee, the Corporation shall specify the time when the employee shall report for work; (iii) an employee who does not respond within forty-eight (48) hours of the initial attempt of the Corporation to make contact, or who refuses to report for work, shall be placed at the bottom of the list of employees eligible for recall under this Xxxxxx; (iv) an employee notified to return to work shall report at the time and have failed to do so, in accordance with place specified by the loss of seniority provisionCorporation for so doing, or in extenuating circumstances, within such extended period of time not exceeding fourteen (14) calendar days from the date of the initial attempt of the Corporation to make contact as the Director of Human Resources may approve, which approval shall not be unreasonably withheld; (v) it shall be the responsibility of all employees who have been found unable laid off and wish to perform be recalled by the work availableCorporation to keep the Director of Human Resources informed of their respective current addresses and telephone numbers. The Corporation shall be considered to have fulfilled its obligations to recall an employee eligible for recall under this Clause by attempting to contact the employee at the employee's last known address on the Corporation's records. (bvi) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time an employee who has displaced is laid off and is eligible for recall under this Clause shall remain on the recall list for a part- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four maximum of six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths. (ii) In addition to 11.10 (a) a part-time employee who has displaced a full- time employee shall be entitled to return to the position they held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former position.

Appears in 1 contract

Samples: Collective Agreement

Recall. An employee shall have opportunity of recall from a layoff lay-off to an available opening in their former classification, or an equal or lower paying classification than the one from which the employee was originally laid offopening, in order of seniority, provided they have she has the qualifications and ability skills to the work. In determining the skills of an employee to perform the workwork for the purposes of the paragraph above, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement Employer shall not apply until the recall process has been completedact in an arbitrary manner. An employee who is recalled shall be credited with the seniority they had at the time of the layoff. (a) An employee recalled to work in a different classification from which they were she was laid off, or an employee who has displaced an employee in a lower classification off shall be entitled to return have the privilege of returning to the position they she held prior to the layoff lay-off should it become vacant within twenty-four six (246) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionbeing recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (b) will only appear in those collective agreements where a combined full-time and part-time OPSEU paramedical bargaining unit exist. (i) In addition to 11.10 (a) a full-time . It is the sole responsibility of the employee who has displaced a part- been laid off to the Employer of his intention to to work within three (3) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and to work within ten working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be entitled given preference for temporary vacancies which are expected to return to the position they held prior to the layoff should it become vacant within twenty-four exceed twenty (2420) months days of the layoff, provided that the employee remains qualified and able to perform the duties of their former position. (ii) In addition to 11.10 (a) a part-time work. An employee who has displaced a full- time been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. A laid off employee shall be entitled to return to retain the position they held prior to the layoff should it become vacant within twentyrights of recall for a period of thirty-four six (2436) months of the layoff, provided that the employee remains qualified and able to perform the duties of their former positionmonths.

Appears in 1 contract

Samples: Collective Agreement

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