Common use of Redundancy, Lay-off, Recall and Deployment Clause in Contracts

Redundancy, Lay-off, Recall and Deployment. 7.14.1 In this Article, and in this agreement, each of the following is a school: Xxxxxx X. Xxxxx Xxxxxxx Xxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxxx Deaf/Blind Xxxxxxx Xxxx Xxxxxxxxx Blind Centre Jules-Léger Deaf Centre Xxxxx-Xxxxx Deaf/Blind Centre Xxxxx-Xxxxx Blind Ontario Correctional Institute, and Any new school created pursuant to the Provincial Schools Authority Act In this Article and in this agreement, each of the following is a school program: Vocational Secondary Elementary Resource A course of study based on a curriculum Special Education Junior Kindergarten Nursery Library 7.14.2 Where a school or a school program is to be closed, and a Teacher or Teachers is or are to be laid off as a result of the closure, the Employer shall give to the union and to the Teacher(s) affected written notice of the closing on or before January 31 of the calendar year in which the closure is to take place effective August 31. (a) A redundancy shall arise where a Teacher has been identified as excess to the requirements of the Employer based on the staffing complement and notification has been given to the union and any Teachers to be laid off as required by Article 7.14.2 or 7.14.3 (b) On or before April 15 of each school year, the Employer shall issue a notice in writing to the union as to whether the total number of Teachers employed in a school exceeds the total number of Teachers required in the school for the ensuing school year. (c) When the total number of Teachers employed exceeds the total number required, then the notice required in Article 7.14.3(b) shall include the name of every Teacher who may be laid off and notice shall be given to the Teachers to be laid off. A copy of such notices shall be sent to the union within five (5) working days. A Teacher shall have ten (10) working days to advise the Employer in writing, of his or her decision either (i) to be placed on the recall list and exercise his or her rights under Article 7.14; or (ii) not to be placed on the recall list, and receive severance pay in accordance with Article 7.14.3(h). If a Teacher does not so advise the Employer within this ten (10) day period, the Teacher will be deemed to have elected to be placed on the recall list and exercise his or her rights under Article 7.14. (d) Teachers in a school shall be laid off in reverse order of seniority, subject to qualifications as determined by the Employer in accordance with the Education Act and the Ontario College of Teachers Act. (e) Where a Teacher with special qualifications determined in accordance with (d) is required to teach an existing course, and none of the Teachers to be retained on the basis of seniority under clause 7.14.3(d) are qualified or, in the case of a layoff at the end of a school year, none of them undertake to and can attain qualifications by September 1, the Teacher with such special qualifications will be given priority and will not be laid off due to the redundancy. (f) A Teacher with one (1) or more year's seniority who has been laid off shall have: (i) the right to be recalled on the basis of seniority for a period of one (1) year and to be assigned to a position for which the Teacher is qualified or can reasonably be expected to become qualified before the Teacher is required to return, and (ii) the right to continue to participate in one or more of the benefit plans, provided that the Teacher on lay-off pays the total cost of such plans. (g) A Teacher who chooses not to accept recall loses the right of recall. (h) A Teacher eligible to be placed on the recall list may elect to not be placed on the recall list and to receive severance pay under Article 8.2 as if he/she were retiring, except that there shall be no minimum service requirement as specified in Article 8.2(c). (i) A Teacher who has chosen to be placed on the recall list and who has not yet received an offer from the Employer of a position pursuant to Article 7.14.3(f) (i) may, at any time within the recall period, ask to be removed from the recall list and receive the severance package pursuant to Article 8.2. 7.14.4 (a) A Teacher employed to teach in a school operated by the Ministry of Community Safety and Correctional Services who has received a notice of layoff shall, if qualified, be assigned to a vacancy in a school operated by the Ministry of Community Safety and Correctional Services in accordance with Articles 7.16(c) and (d) if that vacancy is within forty (40) kilometres of the Teacher's school. If the employee refuses such an assignment, then he or she will be deemed to have resigned.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Redundancy, Lay-off, Recall and Deployment. 7.14.1 In this Article, and in this agreement, each of the following is a school: Xxxxxx X. Xxxxx Xxxxxxx Xxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxxx Deaf/Blind Xxxxxxx Xxxx Xxxxxxxxx Blind Centre Jules-Léger Deaf Centre XxxxxJules-Xxxxx Léger Deaf/Blind Centre XxxxxJules-Xxxxx Léger Blind Ontario Correctional Instituteinstitute Vanier, and Any new school created pursuant to the Provincial Schools Authority Negotiations Act In this Article and in this agreement, each of the following is a school program: Vocational Secondary Elementary Resource A course of study based on a curriculum Special Education Junior Kindergarten Nursery Library 7.14.2 Where a school or a school program is to be closed, and a Teacher teacher or Teachers teachers is or are to be laid off as a result of the closure, the Employer shall give to the union and to the Teacher(steacher(s) affected written notice of the closing on or before January 31 of the calendar year in which the closure is to take place effective August 31. (a) A redundancy shall arise where a Teacher teacher has been identified as excess to the requirements of the Employer based on the staffing complement and notification has been given to the union and any Teachers teachers to be laid off as required by Article 7.14.2 or 7.14.3 7.14.3 (b) On or before April 15 of each school year, the Employer shall issue a notice in writing to the union as to whether the total number of Teachers teachers employed in a school exceeds the total number of Teachers teachers required in the school for the ensuing school year. (c) When the total number of Teachers employed exceeds the total number required, then the notice required in Article 7.14.3(b) shall include the name of every Teacher who may be laid off and notice shall be given to the Teachers to be laid off. A copy of such notices shall be sent to the union within five (5) working days. A Teacher shall have ten (10) working days to advise the Employer in writing, of his or her decision either (i) to be placed on the recall list and exercise his or her rights under Article 7.14; or (ii) not to be placed on the recall list, and receive severance pay in accordance with Article 7.14.3(h). If a Teacher does not so advise the Employer within this ten (10) day period, the Teacher will be deemed to have elected to be placed on the recall list and exercise his or her rights under Article 7.14. (d) Teachers in a school shall be laid off in reverse order of seniority, subject to qualifications as determined by the Employer in accordance with the Education Act and the Ontario College of Teachers Act. (e) Where a Teacher with special qualifications determined in accordance with (d) is required to teach an existing course, and none of the Teachers to be retained on the basis of seniority under clause 7.14.3(d) are qualified or, in the case of a layoff at the end of a school year, none of them undertake to and can attain qualifications by September 1, the Teacher with such special qualifications will be given priority and will not be laid off due to the redundancy. (f) A Teacher with one (1) or more year's seniority who has been laid off shall have: (i) the right to be recalled on the basis of seniority for a period of one (1) year and to be assigned to a position for which the Teacher is qualified or can reasonably be expected to become qualified before the Teacher is required to return, and (ii) the right to continue to participate in one or more of the benefit plans, provided that the Teacher on lay-off pays the total cost of such plans. (g) A Teacher who chooses not to accept recall loses the right of recall. (h) A Teacher eligible to be placed on the recall list may elect to not be placed on the recall list and to receive severance pay under Article 8.2 as if he/she were retiring, except that there shall be no minimum service requirement as specified in Article 8.2(c). (i) A Teacher who has chosen to be placed on the recall list and who has not yet received an offer from the Employer of a position pursuant to Article 7.14.3(f) (i) may, at any time within the recall period, ask to be removed from the recall list and receive the severance package pursuant to Article 8.2. 7.14.4 (a) A Teacher employed to teach in a school operated by the Ministry of Community Safety and Correctional Services who has received a notice of layoff shall, if qualified, be assigned to a vacancy in a school operated by the Ministry of Community Safety and Correctional Services in accordance with Articles 7.16(c) and (d) if that vacancy is within forty (40) kilometres of the Teacher's school. If the employee refuses such an assignment, then he or she will be deemed to have resigned.

Appears in 1 contract

Samples: Collective Agreement

Redundancy, Lay-off, Recall and Deployment. 7.14.1 In this Article, and in this agreement, each of the following is a school: Xxxxxx X. Xxxxx Xxxxxxx Xxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxxx Deaf/Blind Xxxxxxx Xxxx Xxxxxxxxx Blind Centre Jules-Léger Deaf Centre XxxxxJules-Xxxxx Léger Deaf/Blind Centre XxxxxJules-Xxxxx Léger Blind Ontario Correctional Institute, and Any new school created pursuant to the Provincial Schools Authority Act In this Article and in this agreement, each of the following is a school program: Vocational Secondary Elementary Resource A course of study based on a curriculum Special Education Junior Kindergarten Nursery Library 7.14.2 Where a school or a school program is to be closed, and a Teacher or Teachers is or are to be laid off as a result of the closure, the Employer shall give to the union and to the Teacher(s) affected written notice of the closing on or before January 31 of the calendar year in which the closure is to take place effective August 31. (a) A redundancy shall arise where a Teacher has been identified as excess to the requirements of the Employer based on the staffing complement and notification has been given to the union and any Teachers to be laid off as required by Article 7.14.2 or 7.14.3 7.14.3 (b) On or before April 15 of each school year, the Employer shall issue a notice in writing to the union as to whether the total number of Teachers employed in a school exceeds the total number of Teachers required in the school for the ensuing school year. (c) When the total number of Teachers employed exceeds the total number required, then the notice required in Article 7.14.3(b) shall include the name of every Teacher who may be laid off and notice shall be given to the Teachers to be laid off. A copy of such notices shall be sent to the union within five (5) working days. A Teacher shall have ten (10) working days to advise the Employer in writing, of his or her decision either (i) to be placed on the recall list and exercise his or her rights under Article 7.14; or (ii) not to be placed on the recall list, and receive severance pay in accordance with Article 7.14.3(h). If a Teacher does not so advise the Employer within this ten (10) day period, the Teacher will be deemed to have elected to be placed on the recall list and exercise his or her rights under Article 7.14. (d) Teachers in a school shall be laid off in reverse order of seniority, subject to qualifications as determined by the Employer in accordance with the Education Act and the Ontario College of Teachers Act. (e) Where a Teacher with special qualifications determined in accordance with (d) is required to teach an existing course, and none of the Teachers to be retained on the basis of seniority under clause 7.14.3(d) are qualified or, in the case of a layoff at the end of a school year, none of them undertake to and can attain qualifications by September 1, the Teacher with such special qualifications will be given priority and will not be laid off due to the redundancy. (f) A Teacher with one (1) or more year's seniority who has been laid off shall have: (i) the right to be recalled on the basis of seniority for a period of one (1) year and to be assigned to a position for which the Teacher is qualified or can reasonably be expected to become qualified before the Teacher is required to return, and (ii) the right to continue to participate in one or more of the benefit plans, provided that the Teacher on lay-off pays the total cost of such plans. (g) A Teacher who chooses not to accept recall loses the right of recall. (h) A Teacher eligible to be placed on the recall list may elect to not be placed on the recall list and to receive severance pay under Article 8.2 as if he/she were retiring, except that there shall be no minimum service requirement as specified in Article 8.2(c). (i) A Teacher who has chosen to be placed on the recall list and who has not yet received an offer from the Employer of a position pursuant to Article 7.14.3(f) (i) may, at any time within the recall period, ask to be removed from the recall list and receive the severance package pursuant to Article 8.2. 7.14.4 (a) A Teacher employed to teach in a school operated by the Ministry of Community Safety and Correctional Services who has received a notice of layoff shall, if qualified, be assigned to a vacancy in a school operated by the Ministry of Community Safety and Correctional Services in accordance with Articles 7.16(c) and (d) if that vacancy is within forty (40) kilometres of the Teacher's school. If the employee refuses such an assignment, then he or she will be deemed to have resigned.

Appears in 1 contract

Samples: Collective Agreement

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Redundancy, Lay-off, Recall and Deployment. 7.14.1 In this Article, and in this agreement, each of the following is a school: Xxxxxx X. Xxxxx Xxxxxxx Xxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxxxxxxx Deaf/Blind Xxxxxxx Xxxx Xxxxxxxxx Blind Centre Jules-Léger Deaf Centre Xxxxx-Xxxxx Deaf/Blind Centre Xxxxx-Xxxxx Blind Ontario Correctional Institute, and Any new school created pursuant to the Provincial Schools Authority Act In this Article and in this agreement, each of the following is a school program: Vocational Secondary Elementary Resource A course of study based on a curriculum Special Education Junior Kindergarten Nursery Library 7.14.2 Where a school or a school program is to be closed, and a Teacher or Teachers is or are to be laid off as a result of the closure, the Employer shall give to the union and to the Teacher(s) affected written notice of the closing on or before January 31 of the calendar year in which the closure is to take place effective August 31. (a) A redundancy shall arise where a Teacher has been identified as excess to the requirements of the Employer based on the staffing complement and notification has been given to the union and any Teachers to be laid off as required by Article 7.14.2 or 7.14.3 (b) On or before April 15 of each school year, the Employer shall issue a notice in writing to the union as to whether the total number of Teachers employed in a school exceeds the total number of Teachers required in the school for the ensuing school year. (c) When the total number of Teachers employed exceeds the total number required, then the notice required in Article 7.14.3(b) shall include the name of every Teacher who may be laid off and notice shall be given to the Teachers to be laid off. A copy of such notices shall be sent to the union within five (5) working days. A Teacher shall have ten (10) working days to advise the Employer in writing, of his or her decision either (i) to be placed on the recall list and exercise his or her rights under Article 7.14; or (ii) not to be placed on the recall list, and receive severance pay in accordance with Article 7.14.3(h). If a Teacher does not so advise the Employer within this ten (10) day period, the Teacher will be deemed to have elected to be placed on the recall list and exercise his or her rights under Article 7.14. (d) Teachers in a school shall be laid off in reverse order of seniority, subject to qualifications as determined by the Employer in accordance with the Education Act and the Ontario College of Teachers Act. (e) Where a Teacher with special qualifications determined in accordance with (d) is required to teach an existing course, and none of the Teachers to be retained on the basis of seniority under clause 7.14.3(d) are qualified or, in the case of a layoff at the end of a school year, none of them undertake to and can attain qualifications by September 1, the Teacher with such special qualifications will be given priority and will not be laid off due to the redundancy. (f) A Teacher with one (1) or more year's seniority who has been laid off shall have: (i) the right to be recalled on the basis of seniority for a period of one (1) year and to be assigned to a position for which the Teacher is qualified or can reasonably be expected to become qualified before the Teacher is required to return, and (ii) the right to continue to participate in one or more of the benefit plans, provided that the Teacher on lay-off pays the total cost of such plans. (g) A Teacher who chooses not to accept recall loses the right of recall. (h) A Teacher eligible to be placed on the recall list may elect to not be placed on the recall list and to receive severance pay under Article 8.2 as if he/she were retiring, except that there shall be no minimum service requirement as specified in Article 8.2(c). (i) A Teacher who has chosen to be placed on the recall list and who has not yet received an offer from the Employer of a position pursuant to Article 7.14.3(f) (i) may, at any time within the recall period, ask to be removed from the recall list and receive the severance package pursuant to Article 8.2. 7.14.4 (a) A Teacher employed to teach in a school operated by the Ministry of Community Safety and Correctional Services the Solicitor General who has received a notice of layoff shall, if qualified, be assigned to a vacancy in a school operated by the Ministry of Community Safety and Correctional Services the Solicitor General in accordance with Articles 7.16(c) and (d) if that vacancy is within forty (40) kilometres of the Teacher's school. If the employee refuses such an assignment, then he or she will be deemed to have resigned.

Appears in 1 contract

Samples: Collective Agreement

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