SENIORITY, LAYOFF AND RECALL. 12.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered on a department-wide basis. Seniority shall be one (1) of the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement. 12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employee. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association. 12.03 An employee shall lose his/her seniority and his/her employment be considered terminated if: (a) he/she leaves the employ of the Employer of his/her own accord or he retires; (b) he/she is discharged and such discharge is not reversed through the grievance procedure; (c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months; (d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer; (e) he/she is away from work without permission for more than one (1) working day without reasonable cause. 12.04 The last employee hired shall, in the case of layoff, be the first laid off and the last employee laid off shall be the first recalled. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 (a), (b), (i), (k) and
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 11.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered operate on a department-bargaining unit wide basisbasis unless otherwise agreed. Seniority shall be one (1) defined as length of time in the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employeebargaining unit. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association.
12.03 An employee shall lose his/her seniority and his/her employment be considered terminated if:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;
(c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months;
(d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission for In case that more than one (1) working day without reasonable causeEmployee commences work on the same date all Employees so affected will have their seniority determined by a draw in the presence of a Union representative within thirty (30) days of the hire date into a position in the bargaining unit. The results of such draw to be acknowledged in writing and signed off by both the Employer and Union.
12.04 11.02 The last employee hired shallEmployer will post a copy of the seniority list in January and July of each year and a copy will be mailed to the Union Office. Any disagreement with the posted seniority list must be reported to the immediate Supervisor (or designate) in writing within thirty (30) days of the posting of the list. If no written objection is received by the Employer within the thirty (30) days, the seniority list shall be deemed to be correct and accurate in all respects.
11.03 A layoff shall be defined as a reduction in the case work force.
11.04 An Employee shall only lose her seniority and employment in the event that:
(a) she is discharged for just cause and is not reinstated;
(b) she resigns for any reason and fails to withdraw such resignation within twenty-four (24) hours;
(c) she is absent from work in excess of three (3) scheduled shifts without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible;
(d) after recall she fails to notify the Employer within seven (7) calendar days;
(e) she is laid off for more than twelve (12) months;
(f) she retires for any reason;
(g) she fails to return from an authorized leave of absence or takes other unauthorized employment while on an authorized leave of absence.
11.05 In the event of layoff, Employees shall be laid off in reverse order of seniority within each classification available. If there is no Employee in the Employee’s classification who can be displaced as provided herein, the Employee who is to be laid off may exercise seniority in another classification if that employee is qualified to perform the remaining work and the Employee being displaced has less seniority.
11.06 No employee outside the bargaining unit shall be employed as a Full-Time or Part-Time Employee until all those Employees off work as a result of a layoff have been given an opportunity for recall. An Employee who is on layoff may indicate her availability to work relief shifts. Working relief shifts shall not affect an Employee’s recall rights nor shall it constitute a recall.
11.07 Fifteen (15) days written notice of layoff will be given to an employee, with a copy provided to the Union, except for layoff that results from labour disputes or unforeseen circumstances beyond the Employer’s control in which cases as much notice as possible will be given.
11.08 An Employee will be recalled by telephone followed by registered mail. Employees are responsible for leaving their current address and telephone number with the Employer. The recall date will be the first laid off and date of notification by registered mail.
11.09 An Employee is expected to return to work on the last employee laid off shall be date requested by the first recalledEmployer. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 The Employee may, if her personal circumstances require, extend her date for return to work for a maximum of seven (a), (b), (i), (k7) andcalendar days.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered on a department-department- wide basis. Seniority shall be one (1) of the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employee. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- to-date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association.
12.03 An employee shall lose his/her seniority and his/her employment be considered terminated if:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;
(c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months;
(d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission for more than one (1) working day without reasonable cause.
12.04 The last employee hired shall, in the case of layoff, be the first laid off and the last employee laid off shall be the first recalled. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 (a), (b), (ic),
12.05 Employees who have been laid off and subsequently recalled will have their length of service determined by the actual time they have been on the Employer's payroll, provided such recall is in accordance with Article 12.03.
12.06 The Employer shall not hire any new employee until all qualified former employees laid off within the previous twelve (k12) andmonths and who are available, are offered the opportunity of such employment. The rank of any previous employee accepting employment under this clause shall be recognized as it was at the time his/her previous employment with the Employer terminated.
(a) At least ninety (90) days prior to the introduction or implementation of substantial technological change, or substantial changes in mechanization affecting employees, the Employer shall, by written notice, furnish the Association with full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change and the date or dates on which the Employer plans to effect the change and the location or locations involved.
(b) Within fifteen (15) days after the foregoing notice has been given, the Employer shall make disclosure to the Association of the effects of the change or changes on any employee.
(c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of negotiating with a view to resolving any issue which may concern the employment status of the employee.
(d) If agreement has not been reached within fifteen (15) days after disclosure by the Employer of the effects of the change or changes on any employee, either party may submit any outstanding issue to a Board of Arbitration which shall be constituted in the manner provided for in The Fire Protection and Prevention Act “As Amended”. The time limits provided in Section 6 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue.
(e) No change shall be made in the employment status of any employee consequent upon introduction or implementation of substantial technological change or substantial changes in mechanization until either the parties have reached agreement through negotiations, or the Board of Arbitration constituted hereunder has issued its award.
12.08 Except to the extent and to the degree agreed upon by the parties, no work customarily performed by an employee covered by this agreement shall be performed by another employee of the Employer or by a person who is not an employee of the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered on a department-wide basis. Seniority shall be one (1) of the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employee. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- to-date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association.
12.03 An employee shall lose his/her seniority and his/her employment be considered terminated if:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;
(c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months;
(d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission for more than one (1) working day without reasonable cause.
12.04 The last employee hired shall, in the case of layoff, be the first laid off and the last employee laid off shall be the first recalled. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 (a), (b), (i), (k) andand (m) for a period not to exceed three (3) months and shall cease upon engaging in employment which provides coverage of said benefits.
12.05 Employees who have been laid off and subsequently recalled will have their length of service determined by the actual time they have been on the Employer's payroll, provided such recall is in accordance with Article 12.03.
12.06 The Employer shall not hire any new employee until all qualified former employees laid off within the previous twelve (12) months and who are available, are offered the opportunity of such employment. The rank of any previous employee accepting employment under this clause shall be recognized as it was at the time his/her previous employment with the Employer terminated.
(a) At least ninety (90) days prior to the introduction or implementation of substantial technological change, or substantial changes in mechanization affecting employees, the Employer shall, by written notice, furnish the Association with full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change and the date or dates on which the Employer plans to effect the change and the location or locations involved.
(b) Within fifteen (15) days after the foregoing notice has been given, the Employer shall make disclosure to the Association of the effects of the change or changes on any employee.
(c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of negotiating with a view to resolving any issue which may concern the employment status of the employee.
(d) If agreement has not been reached within fifteen (15) days after disclosure by the Employer of the effects of the change or changes on any employee, either party may submit any outstanding issue to a Board of Arbitration which shall be constituted in the manner provided for in The Fire Protection and Prevention Act “As Amended”. The time limits provided in Section 6 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue.
(e) No change shall be made in the employment status of any employee consequent upon introduction or implementation of substantial technological change or substantial changes in mechanization until either the parties have reached agreement through negotiations, or the Board of Arbitration constituted hereunder has issued its award.
12.08 Except to the extent and to the degree agreed upon by the parties, no work customarily performed by an employee covered by this agreement shall be performed by another employee of the Employer or by a person who is not an employee of the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 11.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered operate on a department-bargaining unit wide basisbasis unless otherwise agreed. Seniority shall be one (1) defined as length of time in the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employeebargaining unit. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association.
12.03 An employee shall lose his/her seniority and his/her employment be considered terminated if:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;
(c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months;
(d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission for In case that more than one (1) working day without reasonable causeEmployee commences work on the same date all Employees so affected will have their seniority determined by a draw in the presence of a
11.02 The Employer will post a copy of the seniority list in January and July of each year and a copy will be mailed to the Union Office. Any disagreement with the posted seniority list must be reported to the immediate Supervisor (or designate) in writing within thirty (30) days of the posting of the list. If no written objection is received by the Employer within the thirty (30) days, the seniority list shall be deemed to be correct and accurate in all respects.
12.04 The last employee hired shall, 11.03 A layoff shall be defined as a reduction in the case work force.
11.04 An Employee shall only lose her seniority and employment in the event that:
(a) she is discharged for just cause and is not reinstated;
(b) she resigns for any reason and fails to withdraw such resignation within twenty-four (24) hours;
(c) she is absent from work in excess of three (3) scheduled shifts without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible;
(d) after recall she fails to notify the Employer within seven (7) calendar days;
(e) she is laid off for more than twelve (12) months;
(f) she retires for any reason;
(g) she fails to return from an authorized leave of absence or takes other unauthorized employment while on an authorized leave of absence.
11.05 In the event of layoff, Employees shall be laid off in reverse order of seniority within each classification available. If there is no Employee in the Employee’s classification who can be displaced as provided herein, the Employee who is to be laid off may exercise seniority in another classification if that employee is qualified to perform the remaining work and the Employee being displaced has less seniority.
11.06 No employee outside the bargaining unit shall be employed as a Full-Time or Part-Time Employee until all those Employees off work as a result of a layoff have been given an opportunity for recall. An Employee who is on layoff may indicate her availability to work relief shifts. Working relief shifts shall not affect an Employee’s recall rights nor shall it constitute a recall.
11.07 Fifteen (15) days written notice of layoff will be given to an employee, with a copy provided to the Union, except for layoff that results from labour disputes or unforeseen circumstances beyond the Employer’s control in which cases as much notice as possible will be given.
11.08 An Employee will be recalled by telephone followed by registered mail. Employees are responsible for leaving their current address and telephone number with the Employer. The recall date will be the first laid off and date of notification by registered mail.
11.09 An Employee is expected to return to work on the last employee laid off shall be date requested by the first recalledEmployer. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 The Employee may, if her personal circumstances require, extend her date for return to work for a maximum of seven (a), (b), (i), (k7) andcalendar days.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 11.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered operate on a department-bargaining unit wide basisbasis unless otherwise agreed. Seniority shall be one (1) defined as length of time in the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employeebargaining unit. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association.
12.03 An employee shall lose his/her seniority and his/her employment be considered terminated if:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;
(c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months;
(d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission for In case that more than one (1) working day without reasonable causeEmployee commences work on the same date all Employees so affected will have their seniority determined by a draw in the presence of a Union representative within thirty (30) days of the hire date into a position in the
11.02 The Employer will post a copy of the seniority list in January and July of each year and a copy will be mailed to the Union Office. Any disagreement with the posted seniority list must be reported to the immediate Supervisor (or designate) in writing within thirty (30) days of the posting of the list. If no written objection is received by the Employer within the thirty (30) days, the seniority list shall be deemed to be correct and accurate in all respects.
12.04 The last employee hired shall, 11.03 A layoff shall be defined as a reduction in the case work force.
11.04 An Employee shall only lose her seniority and employment in the event that:
(a) she is discharged for just cause and is not reinstated;
(b) she resigns for any reason and fails to withdraw such resignation within twenty-four (24) hours;
(c) she is absent from work in excess of three (3) scheduled shifts without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible;
(d) after recall she fails to notify the Employer within seven (7) calendar days;
(e) she is laid off for more than twelve (12) months;
(f) she retires for any reason;
(g) she fails to return from an authorized leave of absence or takes other unauthorized employment while on an authorized leave of absence.
11.05 In the event of layoff, Employees shall be laid off in reverse order of seniority within each classification available. If there is no Employee in the Employee’s classification who can be displaced as provided herein, the Employee who is to be laid off may exercise seniority in another classification if that employee is qualified to perform the remaining work and the Employee being displaced has less seniority.
11.06 No employee outside the bargaining unit shall be employed as a Full-Time or Part-Time Employee until all those Employees off work as a result of a layoff have been given an opportunity for recall. An Employee who is on layoff may indicate her availability to work relief shifts. Working relief shifts shall not affect an Employee’s recall rights nor shall it constitute a recall.
11.07 Fifteen (15) days written notice of layoff will be given to an employee, with a copy provided to the Union, except for layoff that results from labour disputes or unforeseen circumstances beyond the Employer’s control in which cases as much notice as possible will be given.
11.08 An Employee will be recalled by telephone followed by registered mail. Employees are responsible for leaving their current address and telephone number with the Employer. The recall date will be the first laid off and date of notification by registered mail.
11.09 An Employee is expected to return to work on the last employee laid off shall be date requested by the first recalledEmployer. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 The Employee may, if her personal circumstances require, extend her date for return to work for a maximum of seven (a), (b), (i), (k7) andcalendar days.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 11.01 Seniority is defined as the ranking of employees in accordance with their length of service employment. Seniority of an employee in the Fire Department of the Town of Oakville and current employees covered by this Agreement shall be considered on a department-wide basis. Seniority shall be one (1) of the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employee. An employee on the list shall have seniority rights calculated from the date of hiring only hire. New employees, after satisfactorily successfully completing the required their probationary period. An up-to- date copy of , shall be added to the seniority list with seniority attributed from the date of hire. Seniority rights shall be posted annually on all department bulletin boards terminate and one copy sent to the Secretary of the Association.
12.03 An an employee shall lose his/her seniority and his/her employment cease to be considered terminated ifemployed by the Employer when he:
(a) he/she leaves a. voluntarily quits his employment with the employ of the Employer of his/her own accord or he retiresEmployer;
(b) he/she b. is discharged discharged, and such discharge is not reversed reinstated through the grievance procedureprocedure or arbitration;
c. fails to report for work as scheduled for more than twenty- four (c24) he/she hours without having a justifiable reason for the absence;
d. is laid off continuously for a period in excess of twelve more than five (125) consecutive months;
(d) he/she is laid off and e. fails to report on the first day following the expiration of a leave of absence without just cause;
f. fails to comply with an agreed upon arrangement of his recall within twenty-four (24) hours;
g. is absent for a period of more than six (6) months due to a bonafide injury, or illness;
h. fails to report to work, or to make alternative arrangements for his return to work following a recall within three (3) workdays if unemployed, or five (5) working days after he/she has been notified so to do by workdays if employed elsewhere.
11.02 In the case of layoffs, the Employer shall rely on the seniority standing of the employees within their classification on each job site, to determine the appropriate order of layoff. In general, layoffs shall be completed on a job site by registered mail to his/her last address on record job site basis, with the Employer;employee having most seniority within his classification on a job site shall be laid off last and recalled first, provided the employee has the necessary skill, ability, and possesses the qualifications to perform the available work.
(e) he/she is away from work without permission for more than 11.03 In case of layoff, an employee shall be given at least a one (1) working days’ notice or payment equivalent to one (1) day without reasonable causeof work in lieu thereof. The Employer shall not be required to give one (1) days’ notice of layoff when equipment failure or the shortage of materials causes operations to cease.
12.04 The last employee hired shall, in the case of layoff, be the first laid off and the last employee laid off shall be the first recalled. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 (a), (b), (i), (k) and
Appears in 1 contract
Samples: Collective Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 11.01 Seniority is defined as the length of service of an employee in the Fire Department of the Town of Oakville and shall be considered on a department-wide basis. Seniority shall be one (1) of the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in other provisions of this Agreement.
12.02 11.02 The Employer shall maintain a seniority list showing the name, job title and hiring date of each employee. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- to-date copy of the seniority list shall be posted annually on all department bulletin boards and one copy sent to the Secretary of the Association.
12.03 11.03 An employee shall lose his/her seniority and his/her employment be considered terminated if:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;
(c) he/she is laid off continuously for a period in excess of twelve (12) consecutive months;
(d) he/she is laid off and fails to return to work within five (5) working days after he/she has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission for more than one (1) working day without reasonable cause.
12.04 11.04 The last employee hired shall, in the case of layoff, be the first laid off and the last employee laid off shall be the first recalled. When an employee is laid off the Corporation shall continue benefits as described in Article 17.01 16.01 (a), (b), (ic), (ke) andand (g) for a period not to exceed three (3) months and shall cease upon engaging in employment which provides coverage of said benefits.
11.05 Employees who have been laid off and subsequently recalled, will have their length of service determined by the actual time they have been on the Employer's payroll, provided such recall is in accordance with Clause 11.03.
11.06 The Employer shall not hire any new employee until all qualified former employees laid off within the previous twelve (12) months and who are available, are offered the opportunity of such employment. The rank of any previous employee accepting employment under this clause shall be recognized as it was at the time his/her previous employment with the Employer terminated.
(a) At least ninety (90) days prior to the introduction or implementation of substantial technological change, or substantial changes in mechanization affecting employees, the Employer shall, by written notice, furnish the Association with full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change and the date or dates on which the Employer plans to effect the change and the location or locations involved.
(b) Within fifteen (15) days after the foregoing notice has been given, the Employer shall make disclosure to the Association of the effects of the change or changes on any employee.
(c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of negotiating with a view to resolving any issue which may concern the employment status of the employee.
(d) If agreement has not been reached within fifteen (15) days after disclosure by the Employer of the effects of the change or changes on any employee, either party may submit any outstanding issue to a Board of Arbitration which shall be constituted in the manner provided for in The Fire Protection and Prevention Act “As Amended”. The time limits provided in Section 6 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue.
(e) No change shall be made in the employment status of any employee consequent upon introduction or implementation of substantial technological change or substantial changes in mechanization until either the parties have reached agreement through negotiations, or the Board of Arbitration constituted hereunder has issued its award.
11.08 Except to the extent and to the degree agreed upon by the parties, no work customarily performed by an employee covered by this agreement shall be performed by another employee of the Employer or by a person who is not an employee of the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY, LAYOFF AND RECALL. 12.01 29.1 Seniority is shall be defined as the length of service of an employee employee(s) in the Fire Department of the Town Corporation of Oakville the City of Peterborough, and shall be considered on a department-wide basisbasis for the purposes of layoff and recall. Seniority This Article shall be one (1) of the factors considered in determining selections for such things as promotions, transfers, demotions, lay-offs and recalls, and where set out in not conflict with other provisions of this AgreementAgreement pertaining to seniority.
12.02 The Employer 29.2 In the event it is determined that a reduction in staffing complement is necessary, such staff reduction shall be governed by seniority. This will result in the last employee to be hired being the first employee to be laid off, in the case of employee(s) below an Officer rank.
29.3 In the case of a reduction affecting the Officer ranks, the last employee(s) promoted to the Officer rank shall be the first to be returned from the Officer rank to the next-lowest rank. Similarly, should recall be initiated within twelve (12) months, re-appointment shall be determined in the reverse order of the reduction.
29.4 Any employee(s) who is laid off shall be entitled to continue normal benefits at his own expense through the Corporation for a period of twelve (12) months.
29.5 Annually the Fire Department shall maintain a an up-to-date seniority list showing the nameall Department employees, job title and hiring last date of each employeehire, classification and duration held. An employee on the list shall have seniority rights from the date of hiring only after satisfactorily completing the required probationary period. An up-to- date copy of the seniority list It shall be posted annually on all department Department bulletin boards and one boards, with a copy sent forwarded to the Secretary of the AssociationAssociation and to the Director of Personnel.
12.03 29.6 An employee employee(s) shall only lose his/her seniority and his/her employment be considered terminated ifin the event of:
(a) he/she leaves the employ of the Employer of his/her own accord or he retires;discharge for just cause and such discharge is upheld.
(b) he/she is discharged and such discharge is not reversed through the grievance procedure;resignation
(c) he/she is laid off continuously failure to return to work upon recall within ten (10) calendar days after having been notified by registered mail to do so, unless prevented from doing so by documented illness; and it shall be the responsibility of the employee(s) to keep the Employer informed of his current address
(d) layoff for a period in excess of twelve (12) consecutive months;.
29.7 The Employer shall not hire any new employee(s) to the Department until all employee(s) who are qualified and capable, and have been laid off within the previous twelve (d12) he/she is months, are offered the opportunity of recall, as set out in Section 29.6, subsection (c) of this Article.
29.8 Employee(s) laid off and fails recalled shall be returned to return duty at the same rank held prior to work within five (5layoff, should same be available.
29.9 In determining an employee's length of service for seniority purposes, computation shall begin on the date that the employee(s) working days after he/she becomes a member of the Fire Department. An employee(s) who leaves the services of the Department for any reason other than in Her Majesty's Armed Forces in time of war or National Emergency, or whose absence has been notified so to do by the Employer by registered mail to his/her last address on record with the Employer;
(e) he/she is away from work without permission permitted as a leave of absence for more a period of no longer than one (1) working day without reasonable cause.
12.04 The last employee hired shallyear, in and who renews service within the case of layoffDepartment, be the first laid off and the last employee laid off shall be considered as a new employee(s) for the first recalledsecond period of service, and seniority shall be computed only from the time that this second period of employment commenced. When However, for classification purposes, an employee is laid off employee(s) with previous Fire Fighting service may be reclassified at the Corporation discretion of the Fire Chief, but shall continue benefits as described in Article 17.01 be on probation for one (a), (b), (i), (k1) andyear.
Appears in 1 contract
Samples: Collective Agreement
