Common use of SENIORITY, LAY-OFF AND RECALL Clause in Contracts

SENIORITY, LAY-OFF AND RECALL. 37.1 Seniority is defined as the length of continuous service with the Service and for the purpose of this Article shall be applied in determining the order of lay-off or recall of members. 37.2 Seniority shall be effective from the date employment commences with the Service. 37.3 The Board shall maintain an up-to-date list, showing the date upon which each member's service commenced. A copy of the seniority list shall be posted in each District and Unit, and sent to the Association prior to July 1, in each year. 37.4 Seniority rights shall cease in the following circumstances: i. If a member resigns. ii. If a member is discharged under The Police Services Act and not reinstated. iii. If a member retires. iv. If a member is laid off for a period in excess of twelve (12) months. v. If a member who has been laid off does not report for work within ten (10) days of recall, as provided in Article 37. vi. Where the Board has made a decision to reduce the complement of the Service and such reduction of personnel cannot be accommodated through attrition and where such action is not in contravention of The Police Services Act, the lay-off of members shall occur by reverse order of seniority, subject to the exigencies of the Service. When a vacancy in the complement of the Service exists, the members on lay-off shall be recalled in order of seniority. vii. Members laid off due to a reduction in staff and who fail to return to work within ten (10) working days after notice of return to work has been forwarded by registered mail to the last known address of such member, shall be deemed to have severed their service with the Board and shall forfeit all seniority rights except in the case of sickness or other just cause agreed upon by the Board. 37.5 No new members will be hired until those laid-off members have been given the opportunity of recall. 37.6 The right of laid-off member(s) to benefits under this Agreement shall continue for a period of three (3) months and the members affected shall have the right to continue coverage by making direct payments for a period of nine (9) months. 37.7 In the event that application is made pursuant to Section 40 of the Police Services Act, relevant to the potential layoff of Police Service personnel, the Association will be provided with notice as soon as possible thereafter. 37.8 In the event that layoffs are approved or ordered, the Board will endeavour to give as much notice of layoffs as possible to the employees affected after consultation with the Police Association.