Role of Seniority in Lay-Offs. Both parties recognize that job security shall increase in proportion to length of service. In the event of a lay-off, an employee may exercise the following options: a) In the event that an employee has received a notice of lay-off the following procedure will apply in the following sequence: i) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to accept that position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff. iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff. iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off. b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within three (3) working days after receiving the notice of lay-off. c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation. d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above. e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off. f) It is understood that employees retain their seniority when they move within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. (a) Both parties recognize that job security shall increase in proportion to length of service. In However, if the event Employer lays off a senior employee and they desire to bump, they shall notify the Employer within ten (10) calendar days of a lay-off, an employee may exercise the following options:
a) In the event that an employee has received a receiving their notice of lay-off their first, second and third choices of positions that they wish to bump and are qualified to fill. Notwithstanding the following procedure will apply in above, if the following sequence:
iemployer provides more than ten (10) If at the time the employee receives a calendar days notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-offpursuant to Article 16.06, the said employee’s decision and notice to the employer may be postponed until no less than ten (10) calendar days prior to the actual layoff occurring. Such employee may elect bump any employee with less seniority provided they are qualified to accept that position provided that perform the said duties of the less senior employee. An employee has shall not be required to bump an employee with fewer hours of work than the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of laylaid-off and who elects employee held. Any employee displaced by the exercise of another employee’s bumping rights may similarly look to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff.
iii) bump. If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed lays off a senior employee, notice will be posted on each work area bulletin board within three (3) working days after receiving the notice of lay-off.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent day advising of the location where lay off and listing all positions of less seniority which may be affected because of the layoff. All bumped employees will be given a maximum of five calendar days from the date of notification to notify the Employer of their first, second and third choices of positions they are qualified to fill. The Employer will then exercise their rights to determine whether the employee elects to exercise displacement rightsis qualified for the selected positions. Each employee, on a seniority basis, will then meet with the said employee shall displace Employer and the least senior employee Union and they will be notified at that location time of which position of their choice they will be moving to. Forms will be utilized by the Employer and the affected employees for completion of this process. A failure by the employee to turn in that job classification, with the applicable status provided form shall be a deemed election not to bump but to instead go to the said recall list.
(b) If a regular full-time employee has no full-time position to bump into, such employee shall, providing the knowledge, ability scheduling of hours of work will accommodate and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as qualified, be allowed to improve their job status (e.g. move from bump 2 regular part-time and/or part-time positions to attain, as near as possible, full hours of work in a day. Such employee shall retain all benefits of the Collective Agreement and as enumerated in Article 29, providing the employee is working 75% or more of the full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-offhours.
f) It is understood that employees retain their seniority when they move within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. Both parties recognize that job security shall increase in proportion to length of service. In the event of a lay-off, an employee may exercise the following options:
a) In the event event, that an employee has received a notice of lay-off the following procedure will apply in the following sequence:
i) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to accept that position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxxlayoff, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff.
iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within three (3) working days after receiving the notice of lay-off.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off.
f) It is understood that employees retain their seniority when they move within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. 14.01 Both parties recognize that job security shall increase in proportion to length of service. In Therefore, in the event of a lay-off, employees shall be laid off in the reverse order to the bargaining-classification-wide seniority provided they can adequately perform the work available.
14.02 Employees shall be recalled in the order of seniority provided they can adequately perform the work available.
14.03 No new employees shall be hired until those laid off have been given an opportunity of recall, subject to job requirement.
14.04 The Employer shall notify employees who are to be laid off ten (10) working days prior to the effective date of lay-off. If the employee may exercise has not had the opportunity to work the days as provided in this Article, he shall be paid for the days for which work was not made available.
14.05 In order that the operations of the Union will not become disorganized when lay-offs are made, members of the Local Executive Board and Chief Xxxxxxx shall be the last persons laid off during their term of office, subject to job requirement.
14.06 The Employer agrees to pay its portion of premiums for all employee benefit plans for employees laid off for a period of less than four (4) calendar months. In the event of a longer lay-off, employees so affected shall have the right to continue receiving coverage through direct payments where allowable.
14.07 Grievances concerning lay-offs and recalls shall be initiated at Step 3 of the grievance procedure.
14.08 Subject to Article 1.07, regular employees, when lay-off occurs, will have the right to bump, bargaining-unit-wide, any employee with less seniority, providing they can adequately perform the job. The temporary employees, when lay-off occurs, will have the right to bump, bargaining-unit-wide, any temporary employee with less seniority, providing they can adequately perform the job.
14.09 Should the Employer require a reduction of hours that would result in a twelve percent (12%) or more reduction of the incumbent’s hours as of January 1, 1992, the employee has the following options:
(a) In accept the event that an employee has received a notice of lay-off the following procedure will apply reduction and remain in the following sequence:position
i) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to accept that position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff.
iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise have the right to displace another employee with lesser exercise his seniority shall advise the Employer of his/her intention to do so bump as per Article 14.08 and the position claimed within three (3) working days after receiving the notice of lay-off14.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off.
f) It is understood that employees retain their seniority when they move within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. Both parties recognize that job security shall increase in proportion to length of service. In the event of a lay-off, an employee may exercise the following options:
a) In the event event, that an employee has received a notice of lay-off the following procedure will apply in the following sequence:
i) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to accept that position provided provided, that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff.
iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided provided, that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within three (3) working days after receiving the notice of lay-off.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off.
f) It is understood that employees retain their seniority when they move within the bargaining unit.the
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. Both parties recognize that job security shall increase in proportion to length of service. (a) In the event of a lay-off, an employee(s) shall be laid off in the reverse order of departmental seniority, provided the remaining employees have the
(b) An employee may exercise who receives notice of lay-off shall have the following optionsright to:
a(i) In bump the event that an most junior employee in his department, provided the laid off employee has the current ability and qualifications to perform the work; or
(ii) bump the most junior employee in a another department , provided the laid off employee has the current ability and qualifications to perform the work; or
(iii) accept the lay-off.
(c) An employee who received a notice of lay-off shall select in writing, option (i), (ii) or (iii) within five (5) working days following notification of lay-off. Employees who fail to make their election in writing will be deemed to have accepted the following procedure will apply lay-off.
(d) A full-time employee may exercise the bumping rights described above to bump into a full-time, part-time, or temporary position.
(e) A part-time employee may exercise the bumping rights described above to bump into a part-time, or temporary position but cannot bump into a full- time position.
(f) In the event of a permanent lay-off, the employer shall comply with the Employment Standards Act.
(g) In the event of a permanent lay-off, part-time and full-time employees who receive working notice of lay-off in accordance with the following sequence:
iEmployment Standards Act and who work through the entire notice period, (even if the notice period exceeds that required under the Employment Standards Act), shall be offered a payment equivalent to six (6) If weeks of their regular, non-overtime wages, at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, provided such employees abandon their rights under the said employee may elect to accept that position provided that the said employee has the knowledgeCollective Agreement, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff.
iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within three (3) working days after receiving the notice of lay-off.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement including their recall rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientationwriting.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off.
f) It is understood that employees retain their seniority when they move within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. Both parties recognize that job security shall increase in proportion to length of service. (a) In the event of a lay-off, an employee(s) shall be laid off in the reverse order of departmental seniority, provided the remaining employees have the
(b) An employee may exercise who receives notice of lay-off shall have the following optionsright to:
a(i) In bump the event that an most junior employee in his department, provided the laid off employee has the current ability and qualifications to perform the work; or
(ii) bump the most junior employee in another department, provided the laid off employee has the current ability and qualifications to perform the work; or
(iii) accept the lay-off.
(c) An employee who received a notice of lay-off shall select in writing, option (i), (ii) or (iii) within five (5) working days following notification of lay-off. Employees who fail to make their election in writing will be deemed to have accepted the following procedure will apply lay-off.
(d) A full-time employee may exercise the bumping rights described above to bump into a full-time, part-time, or temporary position.
(e) A part-time employee may exercise the bumping rights described above to bump into a part-time, or temporary position but cannot bump into a full- time position.
(f) In the event of a permanent lay-off, the employer shall comply with the Employment Standards Act.
(g) In the event of a permanent lay-off, part-time and full-time employees who receive working notice of lay-off in accordance with the following sequence:
iEmployment Standards Act and who work through the entire notice period, (even if the notice period exceeds that required under the Employment Standards Act), shall be offered a payment equivalent to six (6) If weeks of their regular, non-overtime wages, at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, provided such employees abandon their rights under the said employee may elect to accept that position provided that the said employee has the knowledgeCollective Agreement, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided the employee who received said notice of lay-off and who elects to so exercise displacement rights has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation or accept the layoff.
iii) If at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within three (3) working days after receiving the notice of lay-off.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement including their recall rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientationwriting.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off.
f) It is understood that employees retain their seniority when they move within the bargaining unit.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Lay-Offs. Both parties recognize that job security In the event of a lay-off the Employer shall increase give the Union and the affected employee(s) notice as set out in proportion to length of service. the Employment Standards Act.
(a) In the event of a lay-off, an employee(s) shall be laid off in the reverse order of classification seniority, provided the remaining employees have the current ability and qualifications to perform the available work.
(b) An employee may exercise who receives notice of lay-off shall have the following optionsright to:
a(i) In bump the event that an most junior employee in his classification, provided the laid off employee has received the current ability and qualifications to perform the work; or
(ii) bump the most junior employee in a classification that is lower than his classification, provided the laid off employee has the current ability and qualifications to perform the work; or
(iii) accept the lay-off.
(c) An employee who receives a notice of lay-off shall select in writing, option (i), (ii) or (iii) within five (5) working days following notification of lay-off. Employees who fail to make their election in writing will be deemed to have accepted the following procedure will apply layoff.
(d) A full-time employee may exercise the bumping rights described above to bump into a full-time, part-time, casual or temporary position.
(e) A part-time employee may exercise the bumping rights described above to bump into a part-time, casual or temporary position but cannot bump into a full-time position. In the event of a permanent lay-off, the employer shall comply with the Employment Standards Act.
(f) In the event of a permanent lay-off, part-time and full-time employees who receive working notice of lay-off in accordance with the following sequence:
iEmployment Standards Act and who work through the entire notice period, (even if the notice period exceeds that required under the Employment Standards Act), shall be offered a payment equivalent to six (6) If weeks of their regular, non-overtime wages, at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the site at the time the employee received said notice of lay-off, provided such employees abandon their rights under the said Collective Agreement, including their recall rights, in writing. If the lay-off is of a permanent nature the affected employee may elect shall have the right to accept that position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, bump or accept the layoff.
ii) If at the time the employee receives a notice of xxxxxx, there are no vacant position(s) in the classification, with equivalent status within the site at the time the employee received said notice of lay-off, the said employee may elect to displace another employee at the same site with lesser seniority who is in a position within the same classification, with equivalent status, provided . If the employee who received said notice of chooses to accept the lay-off and who elects the Employer requests the employee to so exercise displacement rights has work the knowledge, ability and qualifications to meet notice period as per the normal requirements ' Employment Standards Act the employee shall receive the equivalent of the job with no additional training required, other than a general orientation or accept the layoff.
iii) If six weeks salary at the time the employee receives a notice of layoff there is a vacancy in the same classification, with equivalent status within the bargaining unit at the time the employee received said notice of lay-off, the said employee may elect to accept that vacant position provided that the said employee has the knowledge, ability and qualifications to do the job without requiring additional training, other than a general orientation, or accept the layoff.
iv) If at the time the employee receives a notice of xxxxxx, and the said employee does not have the ability to fill a position within the bargaining unit as outlined in (a)(i) above, and the employee does not have the ability to displace an employee in the same site as outlined in (a)(ii), and the employee does not have the ability to fill a vacant position within the bargaining unit as outlined in (a)(iii) above, the said employee may elect to displace another. employee with lesser seniority who is in a position within the same classification, with equivalent or lower status within the bargaining unit provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation, or accept lay-off.
b) An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his/her intention to do so and the position claimed within three (3) working days after receiving the notice of lay-off.
c) In the event that an employee chooses to exercise displacement rights as outlined in clauses (a) (ii) or (a) (iii) above where there is more than one (1) incumbent the location where the employee elects to exercise displacement rights, the said employee shall displace the least senior employee at that location in that job classification, with the applicable status provided the said employee has the knowledge, ability and qualifications to meet the normal requirements of the job with no additional training required, other than a general orientation.
d) An employee displaced by operation of clause (a) (ii) or (a) (iii) above shall be deemed to have been laid off and shall be deemed to have notice of lay-off once notice has been given to the employee in clause (a) above.
e) It is understood that employees cannot exercise displacement rights so as to improve their job status (e.g. move from part-time to full-time or by moving to a higher-paying position) through the displacement-procedures initiated by a lay-off.
f) It is understood that employees retain their seniority when they move within the bargaining unit.
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Samples: Collective Bargaining Agreement