Role of Seniority in Layoff. Both parties recognize that job security shall increase in proportion to the length of service. Therefore, in the event of a layoff, the following provisions shall apply: (a) Temporary employees shall be laid off before any permanent employees are laid off provided that the permanent employees being retained have sufficient qualifications to perform the work required. (b) Temporary employees shall be laid off in the reverse order of seniority in their respective departments provided that those temporary employees being retained have sufficient qualifications to do the work required. (c) Permanent employees shall be laid off in the reverse order of seniority provided that those permanent employees being retained have sufficient qualifications to do the work required. (d) A permanent employee whose position is affected by the Employer's decision to layoff shall either accept layoff or displace the most junior permanent employee in his/her classification or another classification provided that his/her hours of work are not changed unless mutually agreed. A displaced employee shall displace the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours of work are not changed unless mutually agreed. An employee displacing into a lower paying position shall maintain his/her rate of pay and be “red circled”. (e) Any employee who may have his/her hours changed because of the layoff procedure shall have the option of taking the change in hours or going on layoff. (f) For all displacements under this clause, there shall be a trial period of four hundred and eighty seven point five (487.5) working hours, exclusive of the orientation period in accordance with clause 15.05. (g) A permanent employee who bumps into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent position upon layoff and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee. (h) Notwithstanding Clause 16.01 (c), and with effect from July 25, 1994, permanent employees whose positions are declared redundant and are unable to bump into another position, or permanent employees who are displaced as a result of bumping and who are unable to bump or unable to be placed in other employment shall be given notice of termination or pay in lieu of notice of termination. If such an employee wishes to retain seniority and recall rights instead of termination, he/she shall be given notice in accordance with 16.04(b). The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment as per the attached chart in Schedule H. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. The employee affected by notice of termination shall not be subject to the notice period under Article 16.04(a). Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to pay back part of any severance pay/pay in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to a financial institution on behalf of an employee.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Role of Seniority in Layoff. Both parties recognize that job security shall increase in proportion to the length of service. Therefore, in the event of a layoff, the following provisions shall apply:: This is
(a) Temporary employees shall be laid off before any permanent employees are laid off provided that the permanent employees being retained have sufficient qualifications to perform the work required.
(b) Temporary employees shall be laid off in the reverse order of seniority in their respective departments provided that those temporary employees being retained have sufficient qualifications to do the work required.
(c) Permanent employees shall be laid off in the reverse order of seniority provided that those permanent employees being retained have sufficient qualifications to do the work required.
(d) A permanent employee whose position is affected by the Employer's decision to layoff shall either accept layoff or displace the most junior permanent employee in his/her classification or another classification provided that his/her hours of work are not changed unless mutually agreed. A displaced employee shall displace the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours of work are not changed unless mutually agreed. An employee displacing into a lower paying position shall maintain his/her rate of pay and be “red circled”.
(e) Any employee who may have his/her hours changed because of the layoff procedure shall have the option of taking the change in hours or going on layoff.
(f) For all displacements under this clause, there shall be a trial period of four hundred and eighty seven point five two (487.52) working hours, exclusive of the orientation period months in accordance with clause 15.05.
(g) A permanent employee who bumps into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent position upon layoff and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee. This is not the official version.
(h) Notwithstanding Clause 16.01 (c), and with effect from July 25, 1994, permanent employees whose positions are declared redundant and are unable to bump into another position, or permanent employees who are displaced as a result of bumping and who are unable to bump or unable to be placed in other employment shall be given notice of termination or pay in lieu of notice of termination. If such an employee wishes to retain seniority and recall rights instead of termination, he/she shall be given notice in accordance with 16.04(b). The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment as per the attached chart in Schedule H. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. The employee affected by notice of termination shall not be subject to the notice period under Article 16.04(a). Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to pay back part of any severance pay/pay in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to a financial institution on behalf of an employee.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Role of Seniority in Layoff. Both parties recognize that job security shall increase in proportion to the length of service. Therefore, in Regular Employees
a) In the event of a layoff, the following provisions shall apply:
(a) Temporary employees shall be laid off before any permanent employees are laid off provided that the permanent employees being retained have sufficient qualifications to perform the work required.
(b) Temporary employees shall be laid off in the reverse order of seniority in their respective departments provided that those temporary employees being retained have sufficient qualifications to do the work required.
(c) Permanent employees shall be laid off in the reverse order of seniority provided that those permanent employees being retained have sufficient qualifications to do the work required.
(d) A permanent employee whose position is affected by the Employer's decision to layoff shall either accept layoff or displace the most junior permanent employee in his/her classification or another classification provided that his/her hours of work are not changed unless mutually agreed. A displaced employee shall displace the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours of work are not changed unless mutually agreedbargaining unit-wide seniority. An employee displacing into a lower paying position who has received layoff notice may bump any employee with less seniority providing the employee exercising the right has the ability and is qualified to perform the work of the less senior employee. The right to bump shall maintain his/her rate of pay and be “red circled”include the right to bump up.
b) Where two (2) or more employees have the same seniority date, the posting number will determine the order of seniority. If the posting number is the same, then the date and time of receipt of the letter of application will determine the order of seniority.
c) Regular employees who have received layoff notice may exercise bumping rights under the following conditions:
i. An employee may bump a less senior employee providing the employee has the necessary qualifications and ability to fill the position. The right to bump shall include the right to bump up.
ii. An employee shall notify the Employer in writing within five (5) working days of receiving layoff notice, whether bumping rights will be exercised or whether the employee opts for layoff.
iii. These provisions do not apply to a temporary layoff of ten (10) working days or less as a result of emergency conditions beyond the control of the Employer such as a fire or natural disaster. Additionally, ten (10) month employees shall not have the right to bump during the Winter break, Spring break, the Summer closure period and for four (4) out of the number of non-instructional days as set out in the School Act Regulations.
d) Employees who receive layoff notice and who possess bumping rights shall be permitted to opt for layoff.
e) Any employee Those employees laid off during Winter break, Spring break and the Summer closure period and/or employees who may have his/her hours changed because of are on the layoff procedure recall list shall have the first option for all available work, except for work traditionally done by student labourers. Employees interested in this work, shall provide the Employer with a letter by the end of taking the change in hours or going on layoffSeptember of each year indicating their interest to work and such positions they are qualified to do.
(f) For all displacements under this clause, there shall be a trial period Role of four hundred and eighty seven point five (487.5) working hours, exclusive of Seniority in Layoff-Regular Employees The Employer reserves the orientation period in accordance with clause 15.05.
(g) A permanent right to deny an employee who bumps into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent StrongStart Facilitator position upon layoff between the months of September and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee.
(h) Notwithstanding Clause 16.01 (c), and with effect from July 25, 1994, permanent employees whose positions are declared redundant and are unable to bump into another position, or permanent employees who are displaced as a result of bumping and who are unable to bump or unable to be placed in other employment shall be given notice of termination or pay in lieu of notice of termination. If such an employee wishes to retain seniority and recall rights instead of termination, he/she shall be given notice in accordance with 16.04(b). The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment as per the attached chart in Schedule H. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. The employee affected by notice of termination shall not be subject to the notice period under Article 16.04(a). Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to pay back part June of any severance pay/pay in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to a financial institution on behalf of an employeeyear.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Role of Seniority in Layoff. Both parties recognize that job security shall increase in proportion to the length of service. Therefore, in the event of a layoff, the following provisions shall apply:
(a) Temporary employees shall In the event that a layoff within the department is necessary, first, all casual Employees within the Bargaining Unit will be laid off before any in reverse order of their seniority. Thereafter, within the department, first all permanent employees are part-time Employees will be laid off provided that the in reverse order of their seniority, then full-time permanent employees being retained have sufficient qualifications to perform the work requiredEmployees will be laid off in reverse order of their seniority.
(b) Temporary employees Any permanent part-time Employee displaced as a result of the layoff bumping procedure shall be laid off entitled to exercise their Bargaining Unit wide seniority to displace the lowest senior part-time Employee in the reverse order department. Any permanent full-time Employee displaced as a result of the layoff bumping procedure shall be entitled to exercise his/her Bargaining Unit wide seniority to displace the lowest senior full-time Employee or part-time Employee(s) in their respective departments provided that those temporary employees being retained have sufficient qualifications to do the work requireddepartment.
(c) Permanent employees The right to bump shall be laid off in include the reverse order of seniority provided that those permanent employees being retained have sufficient qualifications right to do the work requiredbump to a higher pay classification.
(d) A Any permanent employee whose position Employee who is affected by the Employer's decision to layoff shall either accept given a notice of layoff or displace is bumped pursuant to this Article must indicate to the most junior permanent employee in Society his/her classification or another classification provided that his/her hours intention to bump within five (5) working days of work are not changed unless mutually agreed. A displaced employee shall displace the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours date of work are not changed unless mutually agreed. An employee displacing into a lower paying position shall maintain his/her rate notice of pay and be “red circled”layoff.
(e) Any Said junior employee who may have shall be notified immediately of a senior employee’s election to bump and said employee shall be allowed to exercise his/her hours changed because of the layoff procedure shall have the option of taking the change in hours or going on layoffbumping rights.
(f) For all displacements under this clause, there shall be a trial period of four hundred and eighty seven point five (487.5) working hours, exclusive of the orientation period in accordance with clause 15.05.
(g) A Any permanent employee who bumps into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent position upon layoff and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee.
(h) Notwithstanding Clause 16.01 (c), and with effect from July 25, 1994, permanent employees whose positions are declared redundant and are unable to bump into another position, or permanent employees who are displaced as a result of the layoff or bumping and who are unable to bump or unable to be placed in other employment procedure shall be given notice of termination or pay in lieu of notice of termination. If such an employee wishes entitled to retain seniority and recall rights instead of termination, he/she shall be given notice in accordance with 16.04(b). The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment as per the attached chart in Schedule H. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. The employee affected by notice of termination shall not be subject to the notice period under Article 16.04(a). Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required to pay back part of any severance pay/pay in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to accept a financial institution on behalf of an employeelayoff.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Layoff. Both parties recognize that job security shall increase in proportion to the length of service. Therefore, in (a) In the event of a layoffcutback in the workforce, the following provisions shall apply:
(a) Temporary employees shall last person hired will be laid off before any permanent employees the first released, within a classification series within a seniority block, provided those retained are laid off provided that the permanent employees being retained have sufficient qualifications qualified to perform the work requiredavailable work, after a period of familiarization.
(b) Temporary employees Where an employee is reassigned as a result of (a), such reassignment shall be laid off in the made by reverse order of seniority in their respective departments provided that those temporary employees being retained have sufficient qualifications to do the work requiredwithin a classification.
(c) Permanent employees A reassigned employee will not have his current pay reduced, however, he shall be laid off in entitled to receive only fifty percent (50%) of all negotiated wage increases until such time the reverse order rate of seniority provided that those permanent employees being retained have sufficient qualifications pay of the new classification equals his current pay or until he returns to do the work requiredhis former classification, whichever first applies.
(d) A permanent employee whose position is affected by The Employer and the Union agree that the Employer's decision ’s primary source of business is the contracts it has with the Province of B.C. to layoff shall either accept layoff or displace provide road and bridge maintenance and other services. It is acknowledged by both Parties that the most junior permanent employee in his/her classification or another classification provided that his/her hours Province of work are not changed unless mutually agreed. A displaced employee shall displace B.C. may alter the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours of work are not changed unless mutually agreed. An employee displacing into a lower paying position shall maintain his/her rate of pay and be “red circled”.
(e) Any employee who may have his/her hours changed because obligations of the layoff procedure shall have Employer under these contracts and such changes may affect the option of taking Employer’s operation. Given these understandings and based on the change current Service Area boundaries, the Employer agrees that those Employees listed in hours or going on layoff.
(f) For all displacements under this clause, there shall be a trial period of four hundred and eighty seven point five (487.5) working hours, exclusive of the orientation period in accordance with clause 15.05.
(g) A permanent employee who bumps into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent position upon layoff and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee.
(h) Notwithstanding Clause 16.01 (c), and with effect from July 25, 1994, permanent employees whose positions are declared redundant and are unable to bump into another position, or permanent employees who are displaced as a result of bumping and who are unable to bump or unable to be placed in other employment shall be given notice of termination or pay in lieu of notice of termination. If such an employee wishes to retain seniority and recall rights instead of termination, he/she shall be given notice in accordance with 16.04(b). The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment as per the attached chart in Schedule H. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. The employee affected by notice of termination shall Appendix 7 – Core Groups will not be subject to layoff, unless the notice period under Province of B.C. alter the obligations of the Employer and such change(s) result in the need to layoff employees. This list will be redundant eight (8) weeks prior to the end of the next Maintenance Agreement and this Article 16.04(a)and Appendix 7 will expire at that time. Where an employee In the event the scope of work in the service area is eligible to receive severance paychanged as described above, the notice period and/or Parties agree to meet and to renegotiate the amount of pay Core group number. The Party seeking the adjustment shall notify the other in lieu writing and the onus for justifying any proposed change shall rest with the Party initiating this process. Discussions for any adjustment to the Core Group number shall be facilitated through the Joint Labour Management Committee, which will meet within two (2) weeks of notice being given. Should the Parties fail to agree on an appropriate Core Group number, the matter shall be reduced accordingly. Employees who are reemployed with any Employer covered by the coalition negotiations shall be required referred to pay back part of any severance pay/pay in lieu notice they receivedarbitration pursuant to Article 9.6 for resolution. The amount they have to pay back shall be based on Employer may implement the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to change until a financial institution on behalf of an employeesettlement is reached.
Appears in 1 contract
Samples: Collective Agreement
Role of Seniority in Layoff. Both parties recognize that job security shall increase in proportion to the length of service. Therefore, in In the event of a layoff, the following provisions shall apply:
(a) Temporary full-time employees shall be laid off before any permanent employees are laid off provided that the permanent employees being retained have sufficient qualifications to perform the work required.
with thirty (b30) Temporary employees shall be laid off days advance notice by classification in the reverse order of seniority, providing those retained are qualified to perform designated work functions. For purposes of layoff, Tradesperson and Building Maintenance shall be treated as a single classification. A full-time employee affected by a layoff may bump an employee who has less seniority in their respective departments the same or lower full-time classification, provided he has the necessary qualifications and ability to fill the position or such employee may exercise the options in accordance with Article sections It is understood that those temporary employees being retained have sufficient qualifications to do the work required.
(c) Permanent employees employee who bumps shall be laid off in receive the reverse order of seniority provided that those permanent employees being retained have sufficient qualifications to do the work required.
(d) A permanent employee whose position is affected by the Employer's decision to layoff shall either accept layoff or displace the most junior permanent employee in his/her classification or another classification provided that his/her hours of work are not changed unless mutually agreed. A displaced employee shall displace the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours of work are not changed unless mutually agreed. An employee displacing into a lower paying position shall maintain his/her rate of pay and be “red circled”.
(e) Any employee who may have his/her hours changed because of for the layoff procedure shall have new position. The Parties agree that the option of taking the change in hours or going on layoff.
(f) For all displacements under this clause, there shall be a trial period of four hundred and eighty seven point five (487.5) working hours, exclusive of the orientation period in accordance with clause 15.05.
(g) A permanent employee who bumps Article section will apply to employees moving into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent position upon layoff and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee.
(h) Notwithstanding Clause 16.01 (c), and with effect from July 25, 1994, permanent employees whose positions are declared redundant and are unable to bump into another position, or permanent employees who are displaced new classification as a result of bumping and who are bumping. If during the trial period the employee is unable to bump or unable perform the duties of the new position, he will be allowed to be placed in other employment shall be given notice of termination or pay in lieu of notice of termination. If such an employee wishes to retain seniority and recall rights instead of termination, he/she shall be given notice in accordance with 16.04(b). The period of notice shall depend upon the employee's age and completed years of continuous service since the last date of employment choose as per the attached chart options set out in Schedule H. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. The employee affected by notice of termination shall not be subject to the notice period under Article 16.04(a). Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice sections Separate seniority lists within classifications shall be reduced accordinglymaintained for the purpose of limiting disruptions and to aid in the clarification of the bumping procedure. Employees who are reemployed laid off from full-time employment under this article and who do not bump another employee in accordance with any Employer covered by section above, may elect to receive severance pay in the coalition negotiations amount of two weeks for each year of completed service, to a maximum of twelve (12) weeks pay. Severance pay shall be calculated at the current rate of pay in effect at the time of lay off. Employees electing severance pay must do so in writing to the Facility Director prior to the day of their layoff. Employees who elect to receive severance pay under this section shall be terminated in all respects and shall have no further rights as employees of the Corporation. Effective June increase maximum from twelve (12) to twenty (20) weeks pay. (Severance Pay) Employees who are laid off from full-time employment under this article, who do not bump another employee in accordance with section and who do not elect to take severance pay in accordance with section shall be placed on the recall list, in seniority order, for a period of twelve (12) months from the date of their layoff, During this recall period, laid off employees on the recall list shall be given preference over other employees when full-time positions are posted and filled in accordance with Article provided that they have the qualifications, skill, ability and efficiency required to pay back part of any severance pay/pay perform the work in lieu notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee or the amount paid to a financial institution on behalf of an employeequestion.
Appears in 1 contract
Samples: Collective Agreement