– SENIORITY AND JOB SECURITY. 12.01 The probationary period for all nurses shall be four hundred and fifty (450) hours worked from the date of last hire. If retained after the probationary period, the employee(s) seniority will be dated as of the date of last hire. With the written consent of the Home, the probationary nurse and the Bargaining Unit President, the probationary period may be extended. 12.02 A seniority list shall be established of all employee(s) covered by this Agreement who have completed their probationary period. For part-time employee(s), seniority and service will be established on the basis of two hundred (200) tours (fifteen hundred (1500) hours) of duty being equal to one (1) year of full-time employment. A copy of the seniority list will be filed with the Union after the execution of the Agreement and a revised list will be supplied every six (6) months thereafter in the months of January and July. Once posted an employee will have a period of thirty (30) calendar days from the posting date to make a written complaint about her seniority as recorded. In the absence of such complaint the list shall be deemed to be correct. (a) In the event of a proposed lay-off at the Home of a long term nature affecting full-time and/or part-time employee(s), the Employer shall: (i) provide the Union with no less than three (3) months written notice of such lay-off; and (ii) meet with the Union to review the following: (1) the reasons causing the lay-off; (2) the service which the Employer will undertake after the lay-off; (3) the method of implementation including the areas of cut-back and the employee(s) to be laid off. A long-term lay-off shall be defined as a lay-off of thirteen (13) or more weeks. (b) In the event of a proposed temporary lay-off at the Home, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on employee(s) in the bargaining unit. (c) Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article. (d) In the case of a permanent lay-off, the Employer shall provide to the affected employee(s) no less than three (3) months' written notice of lay-off or pay in lieu thereof. For other lay-offs, the Employer shall give reasonable notice. (i) A lay-off shall be defined as any reduction of an employee(s) hours of work, reduction in paid hours and/or a permanent discontinuation of a position. A lay-off of full-time and/or part-time employee(s) shall be made on the basis of seniority, provided that the employee(s) who remain are qualified to perform the available work. Subject to the foregoing, probationary employee(s) shall be first laid off. Casual part-time employee(s) shall be first laid off before permanent part-time employee(s). Casual part-time employee(s) shall not be utilized while full-time or permanent part-time employee(s) remain on lay-off unless all laid off full-time or permanent part-time employee(s) have been offered and declined any available work. An employee(s) who has been notified of an impending lay-off may: (1) accept the lay-off; or (2) exercise the right to bump or displace another employee(s) in any classification who has lesser bargaining unit seniority. Full-time and/or regular part-time employee(s) shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Union, provided that the employee(s) is qualified to perform the available work. When all full-time and permanent part-time employee(s) have been recalled, casual part-time employee(s) shall be recalled in order of seniority. Where an employee(s) declines the opportunity for recall to a permanent position in her category (full-time or part-time), her name will go to the bottom of the recall list. A refusal after his/her name has been placed at the bottom of the recall list as a result of a refusal, the employee name will be removed from the recall list. (ii) An employee(s) who exercises her bumping right and/or is recalled to a position shall be provided with such orientation and/or training as is necessary. (iii) Where a vacancy occurs in a position following a lay-off hereunder as a result of which a full-time or part-time employee(s) had been transferred to another position, the affected employee(s) will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the employee(s) returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12. Where the employee(s) refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing within one (1) week of receipt of the offered position. (iv) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the agreement of the Union. (v) All part-time and full-time employee(s) represented by the Union who are on lay-off will be given a job opportunity in the full-time and part-time categories before any new employee(s) is hired into either category. No new employee(s) shall be hired until all those employee(s) laid off have been given an opportunity to return to work. (vi) Full-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the full-time bargaining unit in order of seniority. Permanent part-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the part-time bargaining unit in order of seniority. An employee(s) who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Where temporary vacancies are not filled from laid off full-time or permanent part-time employee(s), the Employer shall offer the vacancy to the senior laid off employee(s) for the other category. A full-time employee(s) shall maintain her full-time status when accepting or refusing occasional or incidental shifts. 12.04 All seniority, service, illness allowance, vacation and other credits obtained under this Collective Agreement shall be retained and transferred with the employee(s) if she is re-classified from full-time employment to part-time employment and vice- versa. (a) An employee(s) shall continue to accumulate seniority during any approved leave of absence without pay for purposes of furthering education, by reason of illness or injury supported by a Doctor's Certificate, pregnancy or parenting leave or by reason of being absent on Workers' Compensation Benefits. (b) When on leave of absence without pay not covered under (a) above, seniority shall accumulate for the first thirty (30) continuous calendar days of the leave. If the leave exceeds thirty (30) continuous calendar days, seniority shall be retained but not accumulated for the duration of the leave which exceeds thirty (30) continuous calendar days. (c) An employee(s) who is absent from work by reason of illness or injury covered by the Short-Term Disability Insurance Plan or Workers' Compensation Benefits or because of pregnancy or parenting leave shall continue to accrue service as long as she is being paid through the S.T.D. Plan or through Workers' Compensation or is on pregnancy or parenting leave. Otherwise, an employee(s) absent on a leave of absence without pay not exceeding thirty (30) continuous calendar days shall continue to accumulate service. If the leave of absence without pay exceeds thirty (30) continuous calendar days, an employee(s) shall retain but not accumulate service for the period of the leave in excess of thirty (30) continuous calendar days. 12.06 Prior to the appointment to a vacant or new position, the Employer shall post notice of the vacancy or new position on the bulletin board for a minimum of five (5) days in order that all staff will know that the position is open and be able to make written application to the Director of Resident Care. Temporary vacancies expected to exceed eight (8) weeks' duration shall be posted as above. The position of the successful applicant to such posting shall also be posted. Any vacancies subsequent to the foregoing two (2) vacancies shall not be required to be posted. The employee(s) whose absence has necessitated the posting of the first temporary vacancy as well as the successful applicant for that posting shall be entitled to return to their same position, unless such position has been discontinued, in which case they shall be given a comparable position. 12.07 In cases where qualifications, performance and experience are approximately equal, seniority shall be the deciding factor when decisions are made with regard to promotions and transfers. 12.08 A break in seniority shall have occurred: (a) if an employee(s) resigns; (b) if an employee(s) is dismissed unless such dismissal is reversed through the Grievance Procedure; (c) if an employee(s) is laid off in excess of thirty-six (36) months; (d) if an employee(s) is absent without leave. 12.09 In order to protect the standard of nursing care, the Employer agrees that no one outside of the bargaining unit shall perform the work normally performed by the members of the bargaining unit, except for the purpose of instruction, experimentation or in the event of an emergency situation. 12.10 An employee may request a transfer from full-time or regular part-time to casual part-time status. A request to transfer will not be unreasonably denied.
Appears in 1 contract
Samples: Collective Agreement
– SENIORITY AND JOB SECURITY. 12.01 The A new employee will be considered on probation until he has completed forty-five (45) days of work (or hours of work for employees whose regular hours of work are other than the standard work day), within any twelve (12) calendar months. Upon completion of the probationary period for all nurses he shall be four hundred and fifty credited with seniority equal to forty- five (45045) hours worked from the date working days. The release or discharge of last hire. If retained after an employee during the probationary period, period shall not be the employee(s) seniority will be dated as subject of the date of last hirea grievance or arbitration. With the written consent of the HomeHospital, the probationary nurse employee and the Bargaining Unit PresidentPresident of the Local Union or his designate, the such probationary period may be extended.
12.02 A seniority list . The release or discharge of any employee during such extension shall not be the subject of a grievance or arbitration. Upon completion of the extended probationary period he shall be credited with seniority equal to the total number of days worked. his seniority shall be adjusted in with the accrual as this Agreement. is hired on a temporary full- will not accrue seniority. An employee whose status is changed from temporary to regular will be subject to the probationary period in (a) above starting from the date that a regular position. If successful will be credited with seniority worked since the date of last hire. be established of for all employee(s) covered by this Agreement who have completed their probationary period. For part-time employee(s), seniority and service will be established on the basis of two hundred (200) tours (fifteen hundred (1500) hours) of duty being equal to one (1) year of full-time employment. A copy of the seniority list will be filed with the Union after the execution of the Agreement and a revised list will be supplied every six (6) months thereafter annually in the months of January February thereafter. Such list will be posted and July. Once remain posted an employee will have for a period of thirty (30) calendar days from days. If no challenge to the posting date list is filed in writing to make a written complaint about her seniority as recorded. In the absence of such complaint Hospital within this period, the list shall be accepted by all employees as correct employee's employment shall be deemed to be correct.
have terminated if he: Leaves of his own accord; is discharged and the discharge is not reversed through the grievance or procedure; is laid off for a period of more than twelve months; is absent from work without permission for three consecutive working days unless a satisfactory reason is given by the employee; fails to return to work upon termination of an authorized leave of absence for purposes other than those for which the leave of absence was granted, unless prior approval has been obtained, or a satisfactory reason is given by the employee; fails to return to work within seven (a7) In the event of a proposed calendar days after being recalled from lay-off at by notice sent mail to the Home last known address according to the records of the Hospital, unless a long term nature affecting full-time and/or part-time employee(s), satisfactory explanation is given by the Employer shall:
employee; is absent from work due to disability which absence continues more than twelve (i12) provide months. be the Union with no less than three (3) months written notice duty of such lay-off; and
(ii) meet with the Union employee to review the following:
(1) the reasons causing the lay-off;
(2) the service which the Employer will undertake after the lay-off;
(3) the method of implementation including the areas of cut-back and the employee(s) to be laid off. A long-term lay-off shall be defined as a lay-off of thirteen (13) or more weeks.
(b) In the event of a proposed temporary lay-off at the Home, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on employee(s) in the bargaining unit.
(c) Any agreement between the Employer Hospital and the Union resulting from promptly of any change in address. If an employee fails to do this, the review above concerning the method of implementation Hospital will take precedence over the terms of this Article.
(d) In the case not be responsible for failure of a permanent lay-off, the Employer shall provide by registered mail to the affected employee(s) no less than three (3) months' written notice of lay-off or pay in lieu thereof. For other lay-offs, the Employer shall give reasonable notice.
(i) A lay-off shall be defined as any reduction of an employee(s) hours of work, reduction in paid hours and/or a permanent discontinuation of a position. A lay-off of full-time and/or part-time employee(s) shall be made on the basis of seniority, provided that the employee(s) who remain are qualified to perform the available work. Subject to the foregoing, probationary employee(s) shall be first laid off. Casual part-time employee(s) shall be first laid off before permanent part-time employee(s). Casual part-time employee(s) shall not be utilized while full-time or permanent part-time employee(s) remain on lay-off unless all laid off full-time or permanent part-time employee(s) have been offered and declined any available workreach such employee. An employee(s) who has been notified of an impending lay-off may:
(1) accept the lay-off; or
(2) exercise the right to bump or displace another employee(s) in any classification who has lesser bargaining unit seniority. Full-time and/or regular part-time employee(s) shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Union, provided that the employee(s) is qualified to perform the available work. When all full-time and permanent part-time employee(s) have been recalled, casual part-time employee(s) shall be recalled in order of seniority. Where an employee(s) declines the opportunity for recall to a permanent position in her category (full-time or part-time), her name will go to the bottom of the recall list. A refusal after his/her name has been placed at the bottom of the recall list as a result of a refusal, the employee name will be removed from the recall list.
(ii) An employee(s) who exercises her bumping right and/or is recalled to a position shall be provided with such orientation and/or training as is necessary.
(iii) Where a vacancy occurs in a position following a lay-off hereunder as a result of which a full-time or part-time employee(s) had been transferred to another position, the affected employee(s) will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the employee(s) returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12. Where the employee(s) refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing within one (1) week of receipt of the offered position.
(iv) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the agreement of the Union.
(v) All part-time and full-time employee(s) represented by the Union who are on lay-off will be given a job opportunity in the full-time and part-time categories before any new employee(s) is hired into either category. No new employee(s) shall be hired until all those employee(s) laid off have been given an opportunity to return to work.
(vi) Full-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the full-time bargaining unit in order of seniority. Permanent part-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the part-time bargaining unit in order of seniority. An employee(s) who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Where temporary vacancies are not filled from laid off full-time or permanent part-time employee(s), the Employer shall offer the vacancy to the senior laid off employee(s) for the other category. A full-time employee(s) shall maintain her full-time status when accepting or refusing occasional or incidental shifts.
12.04 All seniority, service, illness allowance, vacation and other credits obtained under this Collective Agreement shall be retained and transferred with the employee(s) if she is re-classified from full-time employment to part-time employment and vice- versa.
(a) An employee(s) shall continue to accumulate seniority during any approved unpaid leave of absence without pay for purposes of furthering education, by reason of illness or injury supported by a Doctor's Certificate, pregnancy or parenting leave or by reason of being absent on Workers' Compensation Benefits.
(b) When on leave of absence without pay not covered under (a) above, seniority shall accumulate for the first thirty (30) continuous calendar days of the leave. If the leave exceeds thirty (30) continuous calendar days, seniority shall be retained but not accumulated for the duration of the leave which exceeds thirty (30) continuous calendar days.
(c) An employee(s) who is absent from work by reason of illness or injury covered by the Short-Term Disability Insurance Plan or Workers' Compensation Benefits or because of pregnancy or parenting leave shall continue to accrue service as long as she is being paid through the S.T.D. Plan or through Workers' Compensation or is on pregnancy or parenting leave. Otherwise, an employee(s) absent on a leave of absence without pay not exceeding thirty (30) continuous calendar days shall continue to accumulate servicedays. If Should the leave of absence without pay exceeds exceed thirty (30) continuous calendar days, an employee(s) he shall retain but not accumulate service for seniority. the period date the absence began. of promotion or transfer, (other than appointments to positions outside the leave in excess of thirty (30) continuous calendar days.
12.06 Prior to the appointment to a vacant or new position, the Employer shall post notice of the vacancy or new position on the bulletin board for a minimum of five (5) days in order that all staff will know that the position is open and be able to make written application to the Director of Resident Care. Temporary vacancies expected to exceed eight (8) weeks' duration shall be posted as above. The position of the successful applicant to such posting shall also be posted. Any vacancies subsequent to the foregoing two (2) vacancies shall not be required to be posted. The employee(s) whose absence has necessitated the posting of the first temporary vacancy as well as the successful applicant for that posting shall be entitled to return to their same position, unless such position has been discontinued, in which case they shall be given a comparable position.
12.07 In cases where qualifications, performance and experience are approximately equal, seniority shall be the deciding factor when decisions are made with regard to promotions and transfers.
12.08 A break in seniority shall have occurred:
(a) if an employee(s) resigns;
(b) if an employee(s) is dismissed unless such dismissal is reversed through the Grievance Procedure;
(c) if an employee(s) is laid off in excess of thirty-six (36) months;
(d) if an employee(s) is absent without leave.
12.09 In order to protect the standard of nursing care, the Employer agrees that no one outside of the bargaining unit shall perform the work normally performed by the members scope of the bargaining unit, except for ) the purpose of instruction, experimentation or in the event of an emergency situation.
12.10 An employee may request a transfer from full-time or regular part-time to casual part-time status. A request to transfer will not following factors shall be unreasonably denied.considered:
Appears in 1 contract
Samples: Collective Agreement
– SENIORITY AND JOB SECURITY. 12.01 The probationary period for all nurses shall be four hundred and fifty (450) hours worked from the date of last hire. If retained after the probationary period, the employee(s) seniority will be dated as of the date of last hire. With the written consent of the Home, the probationary nurse and the Bargaining Unit President, the probationary period may be extended.
12.02 A seniority list shall be established of all employee(s) covered by this Agreement who have completed their probationary period. For part-time employee(s), seniority and service will be established on the basis of two hundred (200) tours (fifteen hundred (1500) hours) of duty being equal to one (1) year of full-time employment. A copy of the seniority list will be filed with the Union after the execution of the Agreement and a revised list will be supplied every six (6) months thereafter in the months of January and July. Once posted an employee will have a period of thirty (30) calendar days from the posting date to make a written complaint about her seniority as recorded. In the absence of such complaint the list shall be deemed to be correct.
(a) In the event of a proposed lay-off at the Home of a long term nature affecting full-time and/or part-time employee(s), the Employer shall:
(i) provide the Union with no less than three (3) months written notice of such lay-off; and
(ii) meet with the Union to review the following:
(1) the reasons causing the lay-off;
(2) the service which the Employer will undertake after the lay-lay- off;
(3) the method of implementation including the areas of cut-cut- back and the employee(s) to be laid off. A long-term lay-off shall be defined as a lay-off of thirteen (13) or more weeks.
(b) In the event of a proposed temporary lay-off at the Home, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on employee(s) in the bargaining unit.
(c) Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article.
(d) In the case of a permanent lay-off, the Employer shall provide to the affected employee(s) no less than three (3) months' written notice of lay-lay- off or pay in lieu thereof. For other lay-offs, the Employer shall give reasonable notice.
(i) A lay-off shall be defined as any reduction of an employee(s) hours of work, reduction in paid hours and/or a permanent discontinuation of a position. A lay-off of full-time and/or part-time employee(s) shall be made on the basis of seniority, provided that the employee(s) who remain are qualified to perform the available work. Subject to the foregoing, probationary employee(s) shall be first laid off. Casual part-time employee(s) shall be first laid off before permanent part-time employee(s). Casual part-time employee(s) shall not be utilized while full-time or permanent part-time employee(s) remain on lay-off unless all laid off full-time or permanent part-time employee(s) have been offered and declined any available work. An employee(s) who has been notified of an impending lay-off may:
(1) accept the lay-off; or
(2) exercise the right to bump or displace another employee(s) in any classification who has lesser bargaining unit seniority. Full-time and/or regular part-time employee(s) shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Union, provided that the employee(s) is qualified to perform the available work. When all full-time and permanent part-part- time employee(s) have been recalled, casual part-time employee(s) shall be recalled in order of seniority. Where an employee(s) declines the opportunity for recall to a permanent position in her category (full-time or part-time), her name will go to the bottom of the recall list. A refusal after his/her name has been placed at the bottom of the recall list as a result of a refusal, the employee name will be removed from the recall list.
(ii) An employee(s) who exercises her bumping right and/or is recalled to a position shall be provided with such orientation and/or training as is necessary.
(iii) Where a vacancy occurs in a position following a lay-off hereunder as a result of which a full-time or part-time employee(s) had been transferred to another position, the affected employee(s) will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the employee(s) returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12. Where the employee(s) refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing within one (1) week of receipt of the offered position.
(iv) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the agreement of the Union.
(v) All part-time and full-time employee(s) represented by the Union who are on lay-off will be given a job opportunity in the full-time and part-time categories before any new employee(s) is hired into either category. No new employee(s) shall be hired until all those employee(s) laid off have been given an opportunity to return to work.
(vi) Full-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the full-time bargaining unit in order of seniority. Permanent part-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the part-time bargaining unit in order of seniority. An employee(s) who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Where temporary vacancies are not filled from laid off full-time or permanent part-time employee(s), the Employer shall offer the vacancy to the senior laid off employee(s) for the other category. A full-time employee(s) shall maintain her full-time status when accepting or refusing occasional or incidental shifts.
12.04 All seniority, service, illness allowance, vacation and other credits obtained under this Collective Agreement shall be retained and transferred with the employee(s) if she is re-classified from full-time employment to part-time employment and vice- vice-versa.
(a) An employee(s) shall continue to accumulate seniority during any approved leave of absence without pay for purposes of furthering education, by reason of illness or injury supported by a Doctor's Certificate, pregnancy or parenting leave or by reason of being absent on Workers' Compensation Benefits.
(b) When on leave of absence without pay not covered under (a) above, seniority shall accumulate for the first thirty (30) continuous calendar days of the leave. If the leave exceeds thirty (30) continuous calendar days, seniority shall be retained but not accumulated for the duration of the leave which exceeds thirty (30) continuous calendar days.
(c) An employee(s) who is absent from work by reason of illness or injury covered by the Short-Term Disability Insurance Plan or Workers' Compensation Benefits or because of pregnancy or parenting leave shall continue to accrue service as long as she is being paid through the S.T.D. Plan or through Workers' Compensation or is on pregnancy or parenting leave. Otherwise, an employee(s) absent on a leave of absence without pay not exceeding thirty (30) continuous calendar days shall continue to accumulate service. If the leave of absence without pay exceeds thirty (30) continuous calendar days, an employee(s) shall retain but not accumulate service for the period of the leave in excess of thirty (30) continuous calendar days.
12.06 Prior to the appointment to a vacant or new position, the Employer shall post notice of the vacancy or new position on the bulletin board for a minimum of five (5) days in order that all staff will know that the position is open and be able to make written application to the Director of Resident Care. Temporary vacancies expected to exceed eight (8) weeks' duration shall be posted as above. The position of the successful applicant to such posting shall also be posted. Any vacancies subsequent to the foregoing two (2) vacancies shall not be required to be posted. The employee(s) whose absence has necessitated the posting of the first temporary vacancy as well as the successful applicant for that posting shall be entitled to return to their same position, unless such position has been discontinued, in which case they shall be given a comparable position.
12.07 In cases where qualifications, performance and experience are approximately equal, seniority shall be the deciding factor when decisions are made with regard to promotions and transfers.
12.08 A break in seniority shall have occurred:
(a) if an employee(s) resigns;
(b) if an employee(s) is dismissed unless such dismissal is reversed through the Grievance Procedure;
(c) if an employee(s) is laid off in excess of thirty-six (36) months;
(d) if an employee(s) is absent without leave.
12.09 In order to protect the standard of nursing care, the Employer agrees that no one outside of the bargaining unit shall perform the work normally performed by the members of the bargaining unit, except for the purpose of instruction, experimentation or in the event of an emergency situation.
12.10 An employee may request a transfer from full-time or regular part-time to casual part-time status. A request to transfer will not be unreasonably denied.the
Appears in 1 contract
Samples: Collective Agreement
– SENIORITY AND JOB SECURITY. 12.01 The probationary period for all nurses shall be four hundred and fifty (450) hours worked from the date of last hire. If retained after the probationary period, the employee(s) seniority will be dated as of the date of last hire. With the written consent of the Home, the probationary nurse and the Bargaining Unit President, the probationary period may be extended.
12.02 A seniority list shall be established of all employee(s) covered by this Agreement who have completed their probationary period. For part-time employee(s), seniority and service will be established on the basis of two hundred (200) tours (fifteen hundred (1500) hours) of duty being equal to one (1) year of full-time employment. A copy of the seniority list will be filed with the Union after the execution of the Agreement and a revised list will be supplied every six (6) months thereafter in the months of January and July. Once posted an employee will have a period of thirty (30) calendar days from the posting date to make a written complaint about her seniority as recorded. In the absence of such complaint the list shall be deemed to be correct.
(a) In the event of a proposed lay-off at the Home of a long term nature affecting full-time and/or part-time employee(s), the Employer shall:
(i) provide the Union with no less than three (3) months written notice of such lay-off; and
(ii) meet with the Union to review the following:
(1) the reasons causing the lay-off;
(2) the service which the Employer will undertake after the lay-lay- off;
(3) the method of implementation including the areas of cut-cut- back and the employee(s) to be laid off. A long-term lay-off shall be defined as a lay-off of thirteen (13) or more weeks.
(b) In the event of a proposed temporary lay-off at the Home, a bed cutback or a cutback in service, the Employer shall provide the Union with reasonable notice. If requested, the Employer shall meet with the Union to review the effect on employee(s) in the bargaining unit.
(c) Any agreement between the Employer and the Union resulting from the review above concerning the method of implementation will take precedence over the terms of this Article.
(d) In the case of a permanent lay-off, the Employer shall provide to the affected employee(s) no less than three (3) months' written notice of lay-off or pay in lieu thereof. For other lay-offs, the Employer shall give reasonable notice.
(i) A lay-off shall be defined as any reduction of an employee(s) hours of work, reduction in paid hours and/or a permanent discontinuation of a position. A lay-off of full-time and/or part-time employee(s) shall be made on the basis of seniority, provided that the employee(s) who remain are qualified to perform the available work. Subject to the foregoing, probationary employee(s) shall be first laid off. Casual part-time employee(s) shall be first laid off before permanent part-time employee(s). Casual part-time employee(s) shall not be utilized while full-time or permanent part-time employee(s) remain on lay-off unless all laid off full-time or permanent part-time employee(s) have been offered and declined any available work. An employee(s) who has been notified of an impending lay-off may:
(1) accept the lay-off; or
(2) exercise the right to bump or displace another employee(s) in any classification who has lesser bargaining unit seniority. Full-time and/or regular part-time employee(s) shall be recalled in the order of seniority, unless otherwise agreed between the Employer and Union, provided that the employee(s) is qualified to perform the available work. When all full-time and permanent part-part- time employee(s) have been recalled, casual part-time employee(s) shall be recalled in order of seniority. Where an employee(s) declines the opportunity for recall to a permanent position in her category (full-time or part-time), her name will go to the bottom of the recall list. A refusal after his/her name has been placed at the bottom of the recall list as a result of a refusal, the employee name will be removed from the recall list.
(ii) An employee(s) who exercises her bumping right and/or is recalled to a position shall be provided with such orientation and/or training as is necessary.
(iii) Where a vacancy occurs in a position following a lay-off hereunder as a result of which a full-time or part-time employee(s) had been transferred to another position, the affected employee(s) will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of lay-off. Where the employee(s) returns to her/his former position, there shall be no obligation to consider the vacancy under Article 12. Where the employee(s) refuses the opportunity to return to her/his former position, she/he shall advise the Employer in writing within one (1) week of receipt of the offered position.
(iv) No reduction in the hours of work shall take place to prevent or reduce the impact of a lay-off without the agreement of the Union.
(v) All part-time and full-time employee(s) represented by the Union who are on lay-off will be given a job opportunity in the full-time and part-time categories before any new employee(s) is hired into either category. No new employee(s) shall be hired until all those employee(s) laid off have been given an opportunity to return to work.
(vi) Full-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the full-time bargaining unit in order of seniority. Permanent part-time employee(s) on lay-off shall be offered any temporary vacancies that arise out of the part-time bargaining unit in order of seniority. An employee(s) who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Where temporary vacancies are not filled from laid off full-time or permanent part-time employee(s), the Employer shall offer the vacancy to the senior laid off employee(s) for the other category. A full-time employee(s) shall maintain her full-time status when accepting or refusing occasional or incidental shifts.
12.04 All seniority, service, illness allowance, vacation and other credits obtained under this Collective Agreement shall be retained and transferred with the employee(s) if she is re-classified from full-time employment to part-time employment and vice- versa.
(a) An employee(s) shall continue to accumulate seniority during any approved leave of absence without pay for purposes of furthering education, by reason of illness or injury supported by a Doctor's Certificate, pregnancy or parenting leave or by reason of being absent on Workers' Compensation Benefits.
(b) When on leave of absence without pay not covered under (a) above, seniority shall accumulate for the first thirty (30) continuous calendar days of the leave. If the leave exceeds thirty (30) continuous calendar days, seniority shall be retained but not accumulated for the duration of the leave which exceeds thirty (30) continuous calendar days.
(c) An employee(s) who is absent from work by reason of illness or injury covered by the Short-Term Disability Insurance Plan or Workers' Compensation Benefits or because of pregnancy or parenting leave shall continue to accrue service as long as she is being paid through the S.T.D. Plan or through Workers' Compensation or is on pregnancy or parenting leave. Otherwise, an employee(s) absent on a leave of absence without pay not exceeding thirty (30) continuous calendar days shall continue to accumulate service. If the leave of absence without pay exceeds thirty (30) continuous calendar days, an employee(s) shall retain but not accumulate service for the period of the leave in excess of thirty (30) continuous calendar days.
12.06 Prior to the appointment to a vacant or new position, the Employer shall post notice of the vacancy or new position on the bulletin board for a minimum of five (5) days in order that all staff will know that the position is open and be able to make written application to the Director of Resident Care. Temporary vacancies expected to exceed eight (8) weeks' duration shall be posted as above. The position of the successful applicant to such posting shall also be posted. Any vacancies subsequent to the foregoing two (2) vacancies shall not be required to be posted. The employee(s) whose absence has necessitated the posting of the first temporary vacancy as well as the successful applicant for that posting shall be entitled to return to their same position, unless such position has been discontinued, in which case they shall be given a comparable position.
12.07 In cases where qualifications, performance and experience are approximately equal, seniority shall be the deciding factor when decisions are made with regard to promotions and transfers.
12.08 A break in seniority shall have occurred:
(a) if an employee(s) resigns;
(b) if an employee(s) is dismissed unless such dismissal is reversed through the Grievance Procedure;
(c) if an employee(s) is laid off in excess of thirtytwenty-six four (3624) months;
(d) if an employee(s) is absent without leave.
12.09 In order to protect the standard of nursing care, the Employer agrees that no one outside of the bargaining unit shall perform the work normally performed by the members of the bargaining unit, except for the purpose of instruction, experimentation or in the event of an emergency situation.
12.10 An employee may request a transfer from full-time or regular part-time to casual part-time status. A request to transfer will not be unreasonably denied.
Appears in 1 contract
Samples: Collective Agreement
