TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected. 30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period. 30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options: (a) the employee may elect to go on layoff status; or (b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination. 30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union. (a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay. i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks. ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period. (c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement. (d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If In the event that, during the life of this Agreement Collective Agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Actchange, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the indefinite layoff of any full-time employeeten (10) or more regular employees, the following shall apply:
(a) The Company will give the Union written notice of such technological change at least ninety (90) days in advance before the date on which the technological change is to be effected. After giving notice, the Company shall identify by job classification, the number of such change, specifying jobs to be displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the change. paragraph (c) herein.
(b) The Company will meet and discuss with the Union to consider the impact redeployment of such change upon the affected regular employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 the provisions of this Agreementthe Collective Agreement and the provisions as set out in the Guaranteed Wage Plan (GWP); and, in which case so doing, shall designate the employee's rate will employees to be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently indefinitely laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.off;
(c) During the first thirty (30) days of the notice period and prior to effecting any layoffs or separations under the Collective Agreement, the Company shall canvass employees eligible for Special Early Retirement ("eligible employees") as to their willingness to elect Special Early Retirement. Such eligible employees shall be approached within each group determined in paragraph (a) in order of seniority and, if they choose to take Special Early Retirement within the above thirty (30) day period and actually retire within thirty (30) days thereafter, will receive a Technological Change Bonus (TCB). The employee who has had their job abolished shall have TCB will be determined by dividing the right to bump a less senior employee total amount of the separation pay entitlement of all the employees designated for indefinite layoff in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to paragraph (b) above shall forfeit their seniority rights and above, by the total number of employees so designated. The number of special early retirees in any group who may receive the TCB will not exceed the number of jobs in that group which are to be considered terminatedpermanently displaced by the technological change and, if a greater number of eligible employees in any group so elect to take Special Early Retirement, the TCB will only be paid to the most senior of them.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 35.01 Technological change means the life introduction of this Agreement equipment or material of a different technical nature or kind than that previously used by the Company decided to make Employer, and a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, manner in which case the employee's rate will be red circled for twelve (12) months. If no position Employer carries on its operations that is available through bumping, directly related to the employee will be required to choose one introduction of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Unionthat equipment or material.
(a) Any full-time employee who The Employer agrees to introduce technological change in a manner which, as much as possible, will minimize the disruptive effects on employees and services to the public. Where Technological change is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall to be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In additionimplemented, the employee shall receive a lump sum benefit payment equivalent Employer will seek ways and means to the Company's cost of benefit coverage during the employee's periodminimize adverse effects on employees which might result from such changes.
(cb) When the Employer is considering the introduction of technological change which substantially changes the duties performed by employees in the Bargaining Unit(s), the Employer agrees to notify the Union at least four (4) months prior to the date the change is to be implemented. During this period the parties will meet to discuss the steps to be taken to assist employees who could be affected. The written notice will provide the following information:
(i) the nature and degree of changes;
(ii) the anticipated date or dates on which the Employer plans to effect change.
(iii) the location or locations involved, and when possible,
(iv) the approximate number, classification and, location of employees likely to be effected by the change; and
(v) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
35.03 If, as a result of a change in technology, the Employer requires an employee who has had their job abolished to undertake additional training, the training will be provided to the employee. Such training shall have be given during the right hours of work whenever possible. Any training due to bump technological change shall be at the Employer's expense without loss of pay to the employee.
35.04 If, after a less senior reasonable period of training the employee is unable or unwilling to acquire sufficient competence, the Employer shall make every effort to retain the employee in such position as may be available within the competence of the employee. Should technological change result in lay off of an employee, the affected employee shall be laid off in accordance with Article 14 the lay off provisions of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 3 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during During the life of this Agreement Agreement, any reduction in the work force of the Company decided to make will be the subject of negotiations with the Union. If the Company plans plant closure, reduction of staff or, anticipates that the introduction of a technological change as defined by The Labour Relations Act, which would have new technology in the effect form of abolishing existing classifications, creating new classifications, equipment or which product distribution system will result in the layoff employees whose immediate jobs are directly altered thereby being placed in a different occupational classification or being removed from their occupation classification due to lack of any full-time employeework, then when the Company knows the changes that are expected to apply to these employees, it will give arrange for an early discussion of these changes with the Union. The Company shall notify the Shop Committee and the Union written notice ninety (90) days in advance of such changeintent to institute changes in working methods or facilities, specifying or the nature and effects permanent closure of an operation, which would involve the laying off of employees. Furthermore, a joint Labour/Management Committee will be formed which will deal with: evaluating the options open to the Company, including justification for the change; its responsibility to the workers and the community; maintenance of earnings and severance pay; the feasibility of decreasing personnel through various methods such as by attrition, transfer to other jobs, retraining, educational guidance and assistance and early retirement. In agreeing to Clause 10.11 Technological Change it is understood that technological changes may be introduced by the Company as it considers desirable, and that employees may elect separation pay. The Company transfer to new jobs, retraining, early retirement, etc., will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is be subject to permanent layoff as the result of technological change, it negotiation. It is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate further understood that separated employees will be red circled eligible for twelve (12) months. If no position is available through bumpingre-employment by the Company, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company but seniority would commence as of the date of termination.
30.04 This Article is intended to assist rehire, except that any employee who has been discharged for cause would not be eligible for rehire. As well, those employees whose jobs are affected by any technological change and accordingly Sections 83change, 84 and 85 such as skilled tradesmen, engineers, etc., may elect separation pay if they wish rather than accept transfer to a job outside of The Manitoba Labour Relations Act do their usual occupation. If an employee elects to take separation pay in lieu of another job with the Company, they would not apply during the term of the collective agreement between the Company and the Unionbe eligible for separation pay again if rehired.
(a) Any full-time The Company will supply adequate manpower on all operations in all departments at all times so that an employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance paywill not be required to perform more than a fair day’s work.
i(b) Severance pay Clause (a) shall not be one (1) week earnings (hourly rateconstrued to mean that the xxxxxxx of all operations is at present exactly adequate or that all employees are presently assigned exactly a fair day’s work, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has and accordingly changes in the bargaining unitxxxxxxx of xxxxx and changes in an employee’s work load may be made so long as the resulting situation is not a violation of clause (a), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) Before selecting employees for training on other jobs, the Company will post the training job for a period of three (3) working days. The employee who has had their posting may include the shift for which the training is applicable. Employees having the greater seniority will be given preference for the training job abolished shall have with the right to bump a less senior employee in accordance with Article 14 of this Agreementunderstanding that the job may be shift specific.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 3 contracts
Samples: Collective Agreement, Union Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 33.1 A joint Management/Union Committee on Technological Change will be comprised of four (4) representatives each of Management and Union and the life purpose will be to formulate and recommend personnel policies with regard to problems which may arise as a result of this Agreement technological change.
33.2 The Union and its membership will accept their responsibilities in the Company decided accommodation of new conditions due to make a technological change and agree to co-operate with Management as defined by follows:
33.2.1 Training people to operate newly installed equipment or to perform different jobs within the Corporation.
33.2.2 Setting forth procedures wherein the transition due to technological changes will be accomplished expeditiously.
33.2.3 Helping to create a proper Employee attitude in the above respects.
33.3 Management recognizes its responsibilities and obligations to all Employees of the Corporation, and particularly to those adversely affected because of technological change. In this connection it agrees to cooperate with the Union in the following manner:
33.3.1 The Labour Relations ActCorporation will notify the Committee as far in advance as is practicable of any proposed changes in working conditions and job procedures due to the installation of new or the accelerated use of automated equipment, systems, and all other technological change. However, in a situation which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employeedisplace Employees, the Company notice to the Committee, where possible, will give the Union written notice be ninety (90) days in advance of such changedays, specifying the nature and effects but no later than six (6) weeks.
33.3.2 If new applications of the change. The Company will meet with automated equipment now in use, or the Union to consider introduction of other similar equipment, result in the impact displacement of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingEmployees, the employee following procedures will be required to choose one of the following optionsapply:
(a) Permanent Employees in jobs which are abolished due to technological changes shall be offered a transfer to a vacant job in the employee may elect same classification in the same geographic location in order of seniority prior to go on layoff status; orthe posting of such vacancies.
(b) the employee may elect to voluntarily sever their employment completely Where an Employee is not placed in accordance with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
33.3.2 (a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay ), they shall be one (1) week earnings (hourly rate, or 1/52 of annual salary given the opportunity to be trained for employees on a yearly salary multiplied jobs created by the number of years of seniority new automated equipment if the employee Employee has in the bargaining unit)necessary ability and desire or given the opportunity to be trained to allow access into a new, up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodsuitable career path.
(c) Reductions in the work force resulting from the new automated equipment or introduction of similar equipment shall be made in accordance with Article 18 of the Collective Bargaining Agreement. However, a displaced Employee whose seniority is sufficient to permit retention on the active payroll but is reclassified to a lower pay band, shall have their present salary frozen at the current step.
(d) If the displaced Employee's salary is within the lower pay band, they shall be eligible for increments and negotiated increases. If their salary is above the lower pay band, they shall be ineligible for any increments or negotiated increases until they promote, or until the Employee's salary is within the lower pay band. A displaced Employee is an Employee whose job is abolished due to technological changes and not one affected by bumping procedures under Article 18. In regard to the above, it is hoped that the use of the layoff procedure as outlined in Article 18 will be minimized and with this in mind a training pool could be established which would take into it Employees who could be retrained for equal or higher jobs. The employee details of this training pool and the workings of it shall be worked out by the Union/Management Committee on Technological Change.
(e) A displaced Employee who reverts to a lower pay band in accordance with the above, shall have preferential seniority recognized for any new job or vacancy in their former pay band, provided they have the necessary ability to perform the work involved.
33.4 Where a technological change is likely to result in the displacement of five per cent (5%) or more of the total in-scope staff the following procedure will apply:
33.4.1 The Union shall be notified in writing outlining the nature of the technological change, the date upon which the Corporation proposes to effect the technological change, the approximate number and type of Employees likely to be affected, and the effects the change may be expected to have on the Employee's working conditions and terms of employment.
33.4.2 When the Corporation has had their job abolished notified the Union of its intention of introducing a technological change, the parties will meet within fifteen (15) days to negotiate the training, reassignment, relocation, transfer, reclassification, demotion or layoff of affected Employees.
33.4.3 If an agreement is not reached within sixty (60) days, any unresolved matters shall be submitted to arbitration for resolution in accordance with the provisions of Article 20.11, of the Collective Bargaining Agreement.
33.5 A permanent Employee initially or subsequently affected in the reduction of staff because of lack of capability to perform the work required to be done or because of lack of sufficient seniority, or who may not be re-trainable, shall have the right to bump a less senior employee in accordance with receive severance pay as per Article 14 18.5, or may elect to retain recall rights under the provisions of this the Agreement.
(d) Any employee who received 33.6 If an Employee elects to receive severance pay, such election shall terminate their status under the Collective Bargaining Agreement. If they are subsequently re-employed they shall be rehired as a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminatednew Employee.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make 11.05.01 Any employee classified as a permanent employee shall be considered displaced by technological change when his services shall no longer be required as defined by a result of a change in the plant or equipment, a change in a process or method of operation, re-organization or re-structuring, diminishing the total number of employees required to operate the Department in which he is employed. 11.05.02 Permanent employees so affected will be given reasonable advance notice in order that they may take advantage of all available opportunities commensurate with their abilities.
11.05.03 The Labour Relations ActCity agrees that wherever possible, which would no employee shall lose employment because of technological change; however, whenever it is necessary to reduce staff, it will be done in accordance with the layoff procedures outlined in this Agreement.
12.01 Vacant positions required to be filled shall be posted for a minimum period of 7 calendar days, in all departments, branches or sections, having jobs coming within the jurisdiction of the Union. Internal bulletins limiting eligible applicants to the employees in a department, branch or section may be utilized where the circumstances warrant.
12.02 Job postings or internal bulletins shall contain a description of the position functions, the required knowledge, skills and qualifications (education and experience) for the position, hours of work for the position, and the wage rate for the position. The City may include other information on the posting, such as the department(s), section(s), and subsection(s) where the position is assigned. The City may fill additional vacancies that may arise in the same class code, under the same hiring manager, during a current recruitment process on an existing posting after the posting closing date but before the selection decision is made. The City will notify the Union in writing regarding the amended number of positions to be filled.
12.03 Electronic applications are encouraged; however, paper applications shall be accepted and shall be addressed to Human Resources, clearly indicating the appropriate job requisition number and the return address of the applicant. It is the applicant’s responsibility to submit a complete and accurate application. A copy of all postings or internal bulletins shall be sent to the Union.Human Resources shall notify the Union of the selected applicant and the names of all internal employees within the Union’s jurisdiction who were unsuccessful applicants, upon the completion of the selection process. Human Resources shall also notify unsuccessful applicants in writing of the name of the successful applicant. Unsuccessful applicants shall have 10 working days from the effect date of abolishing existing classificationsreceiving such notification to initiate a grievance. The City shall appoint the selected applicant, creating new classificationsand that appointment shall be final, subject to satisfactory completion of the required probationary period, or which will result in the layoff outcome of any full-time employeegrievance filed.
12.04 Vacant positions required to be filled shall be posted without undue delay: except as provided in clauses 12.05 and 12.06, the Company will give the Union written notice and except for positions filled by appointment for a period of up to ninety (90) days in advance consecutive calendar days.
12.04.01 Where the estimated duration of a temporary position exceeds 90 consecutive calendar days, the temporary positions shall be posted. The City and the Union may mutually agree to an extension of the 90 day temporary appointment period. In instances where the duration of the temporary position is uncertain due to illness or injury of the incumbent, such position may be temporarily filled by appointment for a period up to 150 consecutive calendar days. After this period, the temporary position will be posted, unless the City and the Union mutually agree to an extension.
12.04.02 Where a temporary position is posted, the estimated duration of such change, specifying position shall be set out in the nature posting and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedshall not exceed 12 months.
30.02 Where an employee's job is changed 12.05 Appointments may be made by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective mutual agreement between the Company Union and the UnionCity without posting.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) 12.06 The employee who has had their job abolished City shall have the right to bump fill vacancies which result from reversions or terminations of employment during normal probationary periods or trial terms from among the original applicants without posting such vacancies.
12.07 In instances where an employee assumes the functions of another position for a less senior period of 12 consecutive months, or less, even if such position is outside the scope of this Agreement, and the employee is reverted by the City to their former classification within the scope of this Agreement, no posting shall be required to complete the reversion.
12.08 Employees shall be eligible to apply for jobs not coming within the scope of this Agreement and shall receive consideration in accordance with Article 14 their qualifications, experience and seniority. However, nothing in this Agreement shall be deemed to bind the City to appoint an employee to a job which does not come within the scope of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 36.01 Technological change means the life introduction of this Agreement equipment or material of a different technical nature or kind than that previously used by the Company decided to make Employer, and a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, manner in which case the employee's rate will be red circled for twelve (12) months. If no position Employer carries on its operations that is available through bumping, directly related to the employee will be required to choose one introduction of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Unionthat equipment or material.
(a) Any full-time employee who The Employer agrees to introduce technological change in a manner which, as much as possible, will minimize the disruptive effects on employees and services to the public. Where Technological change is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall to be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In additionimplemented, the employee shall receive a lump sum benefit payment equivalent Employer will seek ways and means to the Company's cost of benefit coverage during the employee's periodminimize adverse effects on employees which might result from such changes.
(cb) When the Employer is considering the introduction of technological change which substantially changes the duties performed by employees in the Bargaining Unit(s), the Employer agrees to notify the Union at least four (4) months prior to the date the change is to be implemented. During this period the parties will meet to discuss the steps to be taken to assist employees who could be affected. The written notice will provide the following information:
(i) the nature and degree of changes;
(ii) the anticipated date or dates on which the Employer plans to effect change.
(iii) the location or locations involved, and when possible,
(iv) the approximate number, classification and, location of employees likely to be effected by the change; and
(v) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
36.03 If, as a result of a change in technology, the Employer requires an employee who has had their job abolished to undertake additional training, the training will be provided to the employee. Such training shall have be given during the right hours of work whenever possible. Any training due to bump technological change shall be at the Employer's expense without loss of pay to the employee.
36.04 If, after a less senior reasonable period of training the employee is unable or unwilling to acquire sufficient competence, the Employer shall make every effort to retain the employee in such position as may be available within the competence of the employee. Should technological change result in lay off of an employee, the affected employee shall be laid off in accordance with Article 14 the lay off provisions of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If 28.01 In the event that, during the life of this Agreement collective agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the indefinite layoff of any full-time employeeten (10) or more regular employees, the Company following shall apply:
28.02 The company will give the Union written notice ninety of such technological change at least sixty (9060) days in advance before the date on which the technological change is to be effected. After giving notice, the Company shall identify by job classification, the number of such change, specifying jobs to be displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the change. paragraph (c) herein.
28.03 The Company will meet and discuss with the Union to consider the impact redeployment of such change upon the affected regular employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 the provisions of this the collective agreement and the provisions as set out in the Guaranteed Wage Plan (GWP); and, in so doing, shall designate the employees to be indefinitely laid off;
28.04 During the first thirty (30) days of the notice period and prior to effecting any layoffs or separations under the Collective Agreement, the Company shall canvass employees eligible for special early retirement (‘eligible employees’) as to their willingness to elect special early retirement. Such eligible employees shall be approached within each group determined in which case paragraph (a) in order of seniority and, if they choose to take special early retirement within the employee's rate above thirty (30) days thereafter, will receive a Technological Change Bonus (TCB). The TCB will be red circled determined by dividing the total amount of the separation pay entitlement of all the employees designated for twelve indefinite layoff in paragraph (12b) monthsabove, by the total number of employees so designated. If no position is available through bumpingThe number of special early retirees in any group who may receive the TCB will not exceed the number of jobs in that group which are to be permanently displaced by the technological change and, if a greater number of eligible employees in any group so elect to take special early retirement, the employee TCB will only be required paid to choose one the most senior of the following options:them.
28.05 If,
(a) the employee may number of eligible employees in any group who elect to go on layoff status; take special early retirement is less than the number of jobs in that group to be permanently displaced by the technological change, or
(b) the employee may Company did not anticipate the number of layoffs but the introduction of the major technological change actually directly results in the indefinite layoff of ten (10) or more regular employees, the following provisions shall apply:
(i) he employees ultimately designated for indefinite layoff hereunder, will be permitted to elect separation and to voluntarily sever their employment completely with terminate from the Company prior to their scheduled date of layoff. Those employees so electing and accept severance pay in termination from the Company shall be entitled to receive the amount of two separation payment calculated in accordance with Section 26 hereto. If any of those employees were classified as probationary or regular employees prior to March 21, 1988, their separation payment calculation shall include an additional One Thousand Dollars (2$1,000.);
(ii) weeks' salary those employees designated for each year of completed service with indefinite layoff hereunder who do not elect to terminate from the Company as pursuant to the provisions of the date preceding paragraph, and who are eligible for participation in the Guaranteed Wage Plan, shall receive the benefits provided for under that Plan. In addition such employees shall receive an additional eight (8) weeks of termination.
30.04 This Article is intended benefit entitlement under that Plan, subject to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.following conditions:
(a) Any full-time an employee who is permanently laid off because may use the additional eight (8) weeks of entitlement only once during their existing job is abolished shall have employment, and notwithstanding Section 8 of the option Plan, the eight (8) weeks can never be restored;
(a) the additional eight (8) weeks of applying for severance pay.
i) Severance pay entitlement shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksfirst weeks used.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's ’s job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's ’s rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' ’ salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently timeemployeewhoispermanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's ’s cost of benefit coverage during the employee's ’s period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 16.01 Technological change in this article means the life of this Agreement introduction by the Company decided of equipment of a different kind or nature than that previously used by the Company which directly results in the displacement of a significant number of employees.
16.02 The Company agrees to make consult with the Union in order to assist employees whose terms and conditions of employment are affected by any technological change to adjust to the effects thereof.
16.03 Whenever the Company proposes to effect a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will that is likely to result in the layoff termination of any full-time employeeemployment of fifty (50) or more employees within the bargaining unit, it shall give notice of the technological change to the Union at least one hundred and twenty
(a) the nature of the technological change;
(b) the date upon which the Company proposes to effect the technological change;
(c) the approximate number and type of employees likely to be affected by the technological change;
(d) the locations where the technological change will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the changehave effect. The Company will further agrees to meet with the Union at the time such notice is given in an endeavour to consider the impact of such change upon employees affectedreach agreement on an alternative to termination.
30.02 16.04 Where an employee's job is changed by reason within twelve (12) months of any technological change as provided the date on which the Company effected, in clause 30.01 above, a location,
16.05 In the event the Company and provided that such an employee possesses the necessary qualifications Union are unable to perform reach agreement within thirty (30) days of the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availableUnion being notified, in accordance with Article 14 of this AgreementSection 16.03, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the an affected employee will be required to choose one of the following optionsmay:
(a) the employee may elect to go on layoff statusaccept termination of service in accordance with Section 16.08; or
(b) elect to invoke the employee layoff provisions of Article 11.
16.06 Whenever the Company proposes to effect a technological change the impact of which is less extensive than that described in Section 16.03, the Company shall consult with the
16.07 All employees with six (6) or more months of net credited service shall not be subject to lay- off or termination due to technological change, but may elect to voluntarily sever their employment completely termination in accordance with the Company and accept severance pay provisions of Section 16.08, as an alternative to being re-assigned or transferred. For employees with less than six (6) months of net credited service, any lay-off or recall resulting from technological change shall be made in the amount of two (2) weeks' salary for each year of completed service accordance with the Company as relevant provisions of Article 11, and termination allowance shall be paid, where applicable, in accordance with the date provisions of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the UnionSection 16.08.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
iTermination allowances in amounts computed in accordance with subsection 16.08(c) Severance pay shall be one paid to employees whose service is terminated by the Company and the termination is directly
(1b) week earnings (hourly rateTermination allowances will not be paid to employees who are dismissed for misconduct, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodresign.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee amount of termination allowance paid in accordance with this Article will be computed as follows: 5 years 6 years 10 6 years 7 years 12 7 years 8 years 14 8 years 9 years 16 9 years 10 years 18 10 years 11 years 21 11 years 12 years 24 12 years 13 years 27 13 years 14 years 30 14 years 15 years 33 15 years 16 years 36 For each subsequent 6 month period: 16 years through 25 years 2 From 25 years 2.5
16.09 If an employee with six (6) months or more net credited service is transferred or re- assigned as a result of this Agreementtechnological change to a position or classification different from the one immediately prior to the transfer and the basic rate of pay for the new position or
16.10 If an employee is transferred to another facility within the bargainng unit as the result of technological change and in accordance with the definition of a transfer contained in Article 22, or subsection 23.01, the provisions of section 22.09 shall apply.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice 16.01 (a) - At least ninety (90) days in advance prior to the introduction or implementation of such substantial technological change, specifying or substantial changes in mechanization affecting the employment status of Fire Fighters, the Corporation shall, by written notice, furnish the Association with the full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change the date or dates on which the Corporation plans to effect the change; the location or locations involved.
16.01 (b) - Within fifteen (15) days after the foregoing notice has been given, the Corporation shall make disclosure to the Association of the effects of the change. The Company will meet with change or changes on any Fire Fighter then in the Union to consider the impact of such change upon employees affectedCorporation's employ.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
16.01 (c) The employee who has had their job abolished - Following the said disclosure, representatives of the parties shall have meet forthwith for the right purpose of negotiating with a view to bump a less senior employee resolving any issue which may concern the employment status of any Fire Fighter then in accordance with Article 14 of this Agreementthe Corporation's employ.
16.01 (d) Any employee who received - If, within fifteen (15) days after disclosure by the Corporation to the Association of the effects of the change or changes on any Fire Fighter, agreement has not been reached on the issue of the employment status of any Fire Fighter affected, (other than a severance payment pursuant probationary Fire Fighter) either party may submit that outstanding issue to a board of arbitration which shall be constituted in the manner provided for by Section 53 of The Fire Protection & Prevention Act, S.O. 1997 c.4, as amended. The time limits provided in Section 53 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue concerning the employment status of any affected Fire Fighter other than a probationary Fire Fighter.
16.01 (be) above - No change shall forfeit their seniority rights and be considered terminatedmade in the employment status of any affected Fire Fighter then in the Corporation's employ (other than a probationary Fire Fighter) 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.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 14.01 Technological Change means the life automation of this Agreement equipment, or the Company mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery which results in the displacement of an employee from his/her regular job.
14.02 Where the Hospital has decided to make introduce a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in significantly alter the layoff status of any full-time employeean employee within the bargaining unit, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will Hospital undertakes to meet with the Union to consider the impact minimizing of such change adverse effects (if any) upon the employees affectedconcerned.
30.02 Where an employee's job is changed by reason 14.03 Employees with one (1) or more years of any technological change as provided in clause 30.01 continuous service who are subject to lay-off under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as set out above and provided that such an employee possesses the necessary qualifications to perform requirements of the changed job after a reasonable training period, they shall receive such training periodapplicable legislation.
30.03 If an 14.04 Employees who are pregnant shall not be required to operate VDTs. At their request, the Employer shall temporarily relocate such employees to other appropriate work without loss of employment benefits, but at the wage rate of the job in which the employee is subject to permanent layoff as relocated. The determination of the result appropriate alternative work shall be at the discretion of technological change, it the Employer and such discretion shall not be exercised in an arbitrary or discriminatory manner. If such work is agreed not available or the employee does not wish to accept the alternative work, the employee may be placed on unpaid leave of absence.
14.05 Each employee required to use a VDT more than four (4) hours per day, shall bump into a lower classification, if available, in accordance with Article 14 be given eye examinations at the beginning of this Agreement, in which case the employee's rate will be red circled for employment or assignment of VDTs and every twelve (12) monthsmonths thereafter. If no position is available through bumping, The eye examinations shall be paid for by the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationHospital where not covered by OHIP.
30.04 This Article is intended to assist 14.06 Where new or greater skills are required than are already possessed by affected employees affected by any technological change and accordingly Sections 83under the present methods of operation, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay such employees shall be one (1) week earnings (hourly rategiven a period of training, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up with due consideration being given to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodprevious educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The Employer will assume the cost of tuition and travel. There shall be no reduction in wage or salary rates during the training period of any such employee. Training shall be given during the hours of work whenever possible and may extend for up to six (6) months.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during
5:01 Technological change shall mean the life introduction by an Employer into his work, undertaking or business of this Agreement equipment or material of a different nature or kind than that previously used by him in the Company decided operation of the work, undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to make the introduction of that equipment or material.
(a) The Employer shall notify the Union at least one hundred and twenty (120) days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussions on employees.
(b) Negotiations on the effects of the technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice take place not later than ninety (90) days in advance prior to the intended date of such changeimplementation.
(c) If the Union and the Employer fail to agree upon measures to protect the employees from any adverse effects, specifying the nature and effects matter may be referred by either party to arbitration as provided for under the terms of this Agreement.
5:02 An employee who is displaced from her job as a result of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveshall be given an opportunity to fill any vacancy for which she has seniority and for which she has the qualifications and ability to perform. If there is no vacancy, and provided that such an employee possesses she shall have the necessary qualifications right to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availabledisplace employees with less seniority, in accordance with Article 14 of lay-off procedures specified in this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished Where new or greater skills are required than are already possessed by affected employees under the present methods of operations as a result of the technological change, the Employer agrees that employees shall have be trained on the new equipment or new methods of operation, and said training shall be provided and paid for by the Employer during normal working hours if possible. In addition, at the option of applying the Employer, the employee may be trained in a new area in respect of which there is a demand within the facility for severance individuals possessing such skills. A reasonable training period (not to exceed twelve [12] months) will be provided by the Employer. During the above training periods the employees shall be paid at their current rate of pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above The Employer agrees that where two (2) or more employees require training in (a) above, first consideration shall forfeit their seniority rights and be considered terminatedgiven to the employee with the most seniority.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 23.1 Both parties acknowledge the life overall advantages and necessity of technological change and the ongoing requirement to facilitate technological change in the Employer's operations. The parties recognize the need to develop orderly procedures to facilitate adjustments to and implementation of changes in technology. In light of this Agreement mutual recognition the Company decided parties have agreed to make a the following:
23.2 For the purpose of technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employeerelevant legislation, the Company will give Employer agrees to provide the Union written with as much notice ninety (90as possible, but in any event not less than 60 days' notice of a technological change. Upon receipt of a notice of technological change pursuant to Clause 23.2(a) days in advance of such change, specifying the nature and effects Joint Labour/Management Committee established under Article 29 will meet to consult on the impact of the proposed change. The Company written notice identified in Clause 23.2(a) will meet provide the following information:
(1) the nature of the change(s);
(2) the anticipated date(s) on which the Employer plans to effect change(s);
(3) the location(s) and number(s) of employees likely to be directly affected pursuant to (d) below. Where notice of technological change has been given pursuant to Clause 23.2(a):
(1) Regular employees who are assigned by the Employer to work with the Union to consider new technology will receive a period of training and familiarization. Employees involved in training under this clause will receive their basic pay for the impact period of such change upon employees affected.
30.02 training. Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 cannot meet job requirements upon completion of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingtraining and familiarization period, the employee will be required to choose one offered either the vacancy options, early retirement or severance pay provisions of the following options:Article 13 - Layoff and Recall.
(a2) To absorb those regular employees who are not assigned by the employee may elect Employer to go on layoff status; orwork with the new technology or who are displaced because of such technological change, the Society will endeavour to utilize normal turnover of employees within the Society to the extent that turnover occurs during the period in which a technological change is being implemented.
(b3) the employee may elect When necessary to voluntarily sever their employment completely with the Company reduce staff due to technological change, it will be done as provided for in Article 13 - Layoff and accept severance pay in Recall or Article 31 - Casual Employees, as appropriate.
23.3 For purposes of this article, "Technological Change" will not include normal layoffs resulting from a reduction of the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationwork required to be done.
30.04 This Article is intended 23.4 The parties recognize the value of maintaining ongoing communication and consultation concerning changes to assist employees affected by any workplace technology, other than technological change as defined in relevant legislation and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying provided for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unitClause 23.2(a), up to a maximum of twenty-six (26) weeks.
ii) In addition. Accordingly, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment parties agree, pursuant to (b) above shall forfeit their seniority rights and be considered terminatedArticle 29, to meet to exchange information with respect to such changes at the request of either party.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 8.1 For the life purposes of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actagreement, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of "technological change, it is agreed the employee " shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following optionsmean:
(a) the employee may elect introduction by the employer into the employer's work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the employer in the operation of the work, undertaking or business;
(b) a change in the manner in which the employer carries on the work, undertaking or business that is directly related to go on layoff statusthe introduction of that equipment or material; or
(c) the removal or relocation outside of the appropriate unit by an employer of any part of the employer’s work, undertaking or business.
8.2 When the employer proposes to effect a technological change that is likely to affect the terms, conditions or tenure of employment of a significant number of employees the employer shall give notice of the technological change to the union and to the Minister at least ninety (90) days prior to the date on which the technological change is to be effected.
8.3 The notice mentioned in article 8.2 shall be in writing and shall state:
(a) the nature of the technological change;
(b) the employee date upon which the employer proposes to effect the technological change;
(c) the number and type of employees likely to be affected by the technological change;
(d) the effect that the technological change is likely to have on the terms and conditions or tenure of employment of the employees affected; and
(e) such other information as the Minister may elect by regulation require.
8.4 The Minister may by regulation specify the number of employees or the method of determining the number of employees that shall be deemed to voluntarily sever their employment completely be "significant" for the purpose of article 8.2.
8.5 Where the union alleges that an employer has failed to comply with article 8.2, and the allegation is made not later than thirty (30) days after the union knew, or in the opinion of the Labour Relations Board ought to have known, of the failure of the employer to comply with article 8.2, the Labour Relations Board may, after affording an opportunity to the parties to be heard, by order:
(a) direct the employer not to proceed with the Company technological change for such period not exceeding ninety (90) days as the Board considers appropriate;
(b) require the reinstatement of any employee displaced by the employer as a result of the technological change; and
(c) where an employee is reinstated pursuant to clause (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of the employee's displacement.
8.6 Where the union makes an allegation pursuant to article 8.5, the Labour Relations Board may, after consultation with the employer and accept severance pay the union, make such interim orders under article 8.5 as the Labour Relations Board considers appropriate.
8.7 An order of the Labour Relations Board made under clause (a) of article 8.5 is deemed to be a notice of technological change given pursuant to article 8.2.
8.8 Where the union receives notice of a technological change given, or deemed to have been given, by an employer pursuant to article 8.2, the union may, within thirty days from the date on which the union received the notice, serve notice on the employer in writing to commence collective bargaining for the purpose of revising the existing provisions of the collective agreement that relate to terms and conditions or tenure of employment, or for including new provisions in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended collective agreement relating to such matters, to assist the employees affected by any the technological change and accordingly Sections 83, 84 and 85 of to adjust to the effect thereof.
8.9 The Manitoba Labour Relations Act do Board may, upon application by an employer, make an order relieving the employer from complying with the requirement of the notice served under article 8.8 or denying the union the right under article 8.8 to serve on the employer a notice to commence collective bargaining where the Labour Relations Board is satisfied that:
(a) the employer has given to the union a notice in writing in accordance with article 8.2;
(i) prior to the day on which the employer and the union entered into the collective agreement by which they are bound; or
(ii) not apply later than the first date on which either party to a collective agreement could give notice in writing to terminate or negotiate a revision of the agreement under The Saskatchewan Employment Act;
(b) the collective agreement between the employer and the union contains provisions specifying procedures by which any matters that relate to terms and conditions or tenure of employment likely to be affected by a technological change may be negotiated and finally settled during the term of the agreement.
8.10 Where the union has served notice to commence collective agreement between bargaining under article 8.8, the Company and employer shall not effect the Union.technological change in respect of which the notice has been served unless:
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option Labour Relations Board has made an order under article 8.9 relieving the employer from the requirement of applying for severance pay.bargaining collectively with the union;
i(b) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 an agreement has been reached as a result of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.collective bargaining; or
(c) the parties have bargained collectively but have failed to enter into or revise the collective bargaining agreement and the Minister has been served with notice in writing informing said Minister of such failure, as per The Saskatchewan Employment Act.
8.11 Where the parties do not reach agreement within sixty (60) days after the date on which the union has received notification from the campus of its intention of introduction of a change, the matter may be referred to an expedited arbitration process for purposes of a decision. Within seven (7) days a decision shall be rendered. Technological change shall not be introduced by SIAST until such decision is rendered. Such a decision will be final and binding on both parties.
8.12 Where new skills are required by the affected employees, said employees shall, at the expense of SIAST, be given a reasonable period of time, without reduction of hours or rates of pay and corresponding adjustments to workloads during which time they may acquire the necessary skills required by such technological change. Where such employee successfully completes training or upgrading or instruction SIAST shall provide Prior Learning Assessment and/or certification to validate the acquired skills at no cost to the employee.
8.13 An employee who has had is displaced from their job abolished as a result of technological change under this article, shall have the right to bump a less senior employee in accordance with Article 14 of this Agreementarticle 7.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 42.01 The Company is concerned about the life impact on Employees and conditions of employment resulting from technological improvements and automation. Accordingly the Company and the Union agree to the following:
42.02 For the purpose of this Agreement agreement technological change shall be understood to mean a change related to the introduction of new or modified equipment, material or process that significantly affects the security of employment of Employees in the Bargaining Unit.
42.03 It is the intent of the Company decided to make a notify the Union as far in advance as possible as to the technological changes that will take place.
42.04 Displacement of Employees and Job Postings resulting from technological change as defined by The Labour Relations Act, will be handled in accordance with the applicable provisions of this Collective Agreement.
42.05 Where equipment is installed which would have does not displace an Employee but which through advanced technology of that equipment the effect of abolishing existing classifications, creating new classifications, operating requirements or which will result in the layoff of any full-time employee, procedures are changed the Company will give make every effort to retrain either by on-the-job training or at some suitable training facility the Union written notice ninety (90) days existing operator of that equipment. The operator shall be given adequate time in advance of such change, specifying the nature and effects opinion of the changeCompany to become proficient on the new equipment during which time he will be paid at his previous prevailing job rate. If the new requirements of the job indicate that a higher rate should prevail for the job the operator in training will be given reasonable progression increases until he is considered fully proficient at which time he will be paid at that higher job rate.
42.06 The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided recognizes that in clause 30.01 abovesome instances, and provided that such an employee possesses due to circumstances beyond its control or the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological changeEmployee’s control, it is agreed may not be possible to retrain the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, existing operator in which case the employee's rate Company agrees after making reasonable effort at retraining that Employee, that the Employee will be red circled for twelve (12) months. If no position is available through bumping, displaced from the employee job but he will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent subject to the Company's cost provisions of benefit coverage during the employee's period.
(c) The employee who has had their Article 13.01 of this Agreement. Any job abolished shall have the right so vacated would then be subject to bump a less senior employee in accordance with Article 14 Article10 of this Agreement.
(d) Any employee who received 42.07 Nothing in the foregoing shall be construed to prevent the Company from hiring and employing, for temporary periods, a severance payment pursuant person or persons to (b) above shall forfeit their seniority operate the new or revised machinery while retraining the former operator.
42.08 The Company will not exercise its rights and be considered terminatedobligations detailed above in an arbitrary or discriminatory manner nor in a manner contrary to the Specific provisions of the Collective Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 5:01 Technological change shall mean the life introduction by an Employer into his work, undertaking or business of this Agreement equipment or material of a different nature or kind than that previously used by him in the Company decided operation of the work, undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to make the introduction of that equipment or material.
(a) The Employer shall notify the Union at least one hundred and twenty (120) days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussions on employees.
(b) Negotiations on the effects of the technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice take place not later than ninety (90) days in advance prior to the intended date of such changeimplementation.
(c) If the Union and the Employer fail to agree upon measures to protect the employees from any adverse effects, specifying the nature and effects matter may be referred by either party to arbitration as provided for under the terms of this Agreement.
5:02 An employee who is displaced from her job as a result of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveshall be given an opportunity to fill any vacancy for which she has seniority and for which she has the qualifications and ability to perform. If there is no vacancy, and provided that such an employee possesses she shall have the necessary qualifications right to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availabledisplace employees with less seniority, in accordance with Article 14 of lay-off procedures specified in this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished Where new or greater skills are required than are already possessed by affected employees under the present methods of operations as a result of the technological change, the Employer agrees that employees shall have be trained on the new equipment or new methods of operation, and said training shall be provided and paid for by the Employer during normal working hours if possible. In addition, at the option of applying the Employer, the employee may be trained in a new area in respect of which there is a demand within the facility for severance individuals possessing such skills. A reasonable training period (not to exceed twelve [12] months) will be provided by the Employer. During the above training periods the employees shall be paid at their current rate of pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above The Employer agrees that where two (2) or more employees require training in (a) above, first consideration shall forfeit their seniority rights and be considered terminatedgiven to the employee with the most seniority.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If Definition: Any change in technology, method or procedure during the life period of this Agreement the collective agreement which decreases the number of employees that existed when the current contract was negotiated with the Union e.g. change in computer operation, except for normal layoff, such as a result of a decline in the volume of business. The Company has the right to introduce technological changes. Prior to so introducing, the Company decided to make a technological change as defined by shall advise Unifor Local 2000. The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written three (3) months' notice ninety (90) days in advance of such change, specifying the nature any contemplated technological change and effects of the change. The Company will meet with the Union beginning no more than ten (10) days after such notice to consider discuss with their representatives the impact time, procedure and training necessary for the introduction of such change upon employees affected.
30.02 Where an employee's job is changed by reason of the contemplated change. If the Union foresees any technological change jurisdictional problems which may arise as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of said technological change, it is agreed that the employee shall bump into a lower classification, if available, in accordance with Article 14 date of this Agreement, in which case the employee's rate introduction will be red circled for twelve delayed a further three (123) months. If no any reduction in the number of employees is contemplated as a result of technological change, the Company will afford the employee(s) the opportunity for training as laid out in Section 30 to enable them to transfer to any existing or new positions, which become available. An employee who has lost their employment with the Company through a technological change shall have the right of recall for a maximum period of nine (9) months. Said employee shall have first refusal for any job that becomes available within the bargaining unit within the nine (9) month period. The Employer shall make available to said employee(s) sufficient training to enable them to fulfill the job function. If the new position is available through bumpingin other than the employee's previous department, the employee will be required start at that department's entry-level wage scale (apprenticeship program for production department). In the event of loss of employment due to choose one of technological change the following options:
(a) payment made to the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one and one-half (11½) week earnings week's pay for each six (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to 6) months employment with a maximum of twenty-six thirty seven (2637) weeks.
ii) In addition, week’s pay. This payment would be in lieu of the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 severance pay provisions of this Agreement. In the event of a displacement, the severance pay provisions of this Collective Agreement shall apply. (Sec. 29).
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 36.01 Technological change means the life introduction by the Co-operative into their work, undertaking or business, of this Agreement the Company decided to make equipment or material of a technological change as defined different nature or kind than that previously used by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result them in the layoff operation of any fullthe work, undertaking or business, and a change in the manner in which the Co-time employeeoperative carries on the work, undertaking or business that is directly related to the Company will give introduction of that equipment or material.
36.02 The Co-operative agrees to notify the Union written notice ninety at least three (903) days months in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided that may result in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training perioddisplacement of employees.
30.03 If an 36.03 Any full-time employee is subject with one (1) or more years of service, displaced due to permanent layoff as technological changes, shall be trained for any new positions created by the result of technological change, it is agreed or retrained for a position presently in existence within the bargaining unit, providing they have sufficient seniority to displace a junior employee. Said employee shall be given the six (6) month rate in that classification. If the employee shall bump into is successfully retrained within the similar period given a lower classification, if available, in accordance with new employee under Article 14 8.01 of this Agreement, in which case the employee's rate will be red circled for twelve (12) monthsemployee may then exercise their seniority rights over junior, full- time employees within that classification. If no position the employee is available through bumpingsuccessfully retrained within the period given, then the employee will be required to choose one progress through the acceleration period of the following options:new classification.
(a) the 36.04 If said employee may elect cannot satisfactorily be retrained in that position, they shall be afforded an opportunity, based on seniority, to go on layoff statuswork part-time in their former classification, if said classification is still in existence; orotherwise, they shall be terminated with severance pay, as per Article 35 of this Collective Agreement.
(b) the 36.05 If an employee may elect refuses part-time employment, they shall be considered to voluntarily sever their have terminated employment completely with the Company Co-operative and accept shall receive severance pay in the amount pay, as per Article 35 of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationthis Collective Agreement.
30.04 36.06 This Article does not apply to employees who accept employment with other Co-operatives outside the jurisdiction of this Agreement.
36.07 The Co-operative will attempt, to the best of their ability, to find a job within the bargaining unit for full-time employees with less than one (1) year's seniority, and part-time employees. If it is not possible, said employees will be terminated.
36.08 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The the Manitoba Labour Relations Act do not apply during the term of the collective agreement Collective Agreement between the Company Co- operative and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during For the life purpose of this Agreement agreement the Company decided term "Technological change" shall refer to make a introduction of equipment and its related material or process. The process to be followed where the Board intends to introduce equipment and its related material or processes which affect the terms and conditions or security of employment of the members of the Union covered by this agreement shall be as follows.
(a) Notice of intent to introduce technological change as defined shall be given by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give Board to the Union written notice at least ninety (90) days in advance of such change, specifying prior to the nature and effects of date on which the change. The Company will meet with Board proposes to introduce the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or.
(b) When such notice is given, the employee may elect Board agrees to voluntarily sever their employment completely discuss the matter with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The notice of intent to introduce technological change shall contain: - the nature and effective date of the change; - the approximate number, type and location of Union members affected by the change; and - the anticipated effects the change may have on Union members. The Board shall update this information as new developments arise and modifications are made.
(d) Once notice of technological change has been given pursuant to (a) above and prior to implementation of the change the Board will determine, in consultation with the Union, the options for the employees affected by the change. The options will include but not be limited to retraining, transfer or severance.
(e) An employee who is displaced from his/her job as a result of technological change shall be given an opportunity to fill any vacancy for which he/she has had their job abolished seniority and which he/she is able to perform.
(f) If there is no vacancy he/she shall have the right to bump displace employees with less seniority, provided he/she is able to perform the job.
(g) An employee who, because of technological change, is placed in a less senior employee lower paid position will receive the rate of his/her regular job at the time of displacement for a period of six (6) months, and for a further period of six (6) months he/she will be paid an adjusted rate which will be midway between the rate of his/her regular job at the time of displacement and the rate of his/her new regular job. At the end of this twelve (12) month period, the rate of his/her new regular job will apply.
(h) If the severance option is given then payment will be in accordance with the provisions of Article 14 V, Section 4(b)(iv) of this Agreementagreement.
(di) Any employee who received When the parties are unable to resolve a severance payment pursuant dispute arising from the intended technological change, the matter is grievable under Article IV, Section 1(d)(i) of this agreement.
(j) The Board agrees to (b) above shall forfeit their seniority rights and be considered terminatedparticipate in programs of training, or retraining, for those employees whose jobs are changed as a result of technological change.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. Advance Notice
30.01 If during When the life of this Agreement the Company decided to make a Employer has determined that technological change as defined by The Labour Relations Actchange, which would have the effect of abolishing existing classificationswill eliminate or significantly change a job, creating new classifications, or which will result in the layoff of any full-time employeebe introduced, the Company Union will give be provided not less than two (2) months' advance notice and will be given the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedopportunity for discussion.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses During the necessary qualifications to perform the changed job after a reasonable training advance notice period, as described in Article 30.01, employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological changeare qualified, it is agreed with the employee shall bump into with the greatest employment seniority having first priority rights. Should the posted vacancy be at a level lower classification, if available, in accordance with Article 14 of this Agreement, in which case than the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingtechnologically-impacted position, the employee will be required to choose one retain her/his current rate of the following options:
(a) pay and current wage range. In addition, the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely will receive future general increases and step increases in accordance with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationCollective Agreement.
30.04 This Article is intended 30.03 Should a job be eliminated due to assist employees affected by any technological change and accordingly Sections 83a new job created, 84 the Employer will provide the affected employees, on an employment seniority basis, up to six (6) months' training. Additional training may, subsequent to consultation with the Labour/Management Committee, be provided. Should there be an insufficient number of newly created jobs, or should no new jobs be created, or should the affected employees choose not to accept the training, then the employees will have the option of being returned to their respective immediate previous positions, or being placed in other positions by the Employer. The Employer will provide up to six (6) months' training. Such employees will retain the current rate of pay and 85 current wage range. In addition, these employees will receive future general increases and step increases in accordance with the Collective Agreement. Following training, the Probation Article shall apply. Significant Change
30.04 Should a job be significantly changed due to technological change, the Employer will provide the incumbents up to six (6) months' retraining. Additional training may, subsequent to consultation at the Labour/Management Committee, be provided. Should this technological change reduce the number of The Manitoba Labour Relations Act do not apply during incumbents previously required, then the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished employees on a least employment seniority basis shall have the option of applying for severance paybeing returned to their respective immediate previous positions or being placed in other positions by the Employer. The Employer will provide up to six (6) months' training. Such employees will retain the current rate of pay and current wage range. In addition, these employees will receive future general increases and step increases in accordance with the Collective Agreement. Following training received in a new job, the Probation Article shall apply.
i) Severance 30.05 In the event the affected employees cause displacement of other employees, the Employer will not be required to provide notice, maintenance of wages or other payments to the displaced employees.
30.06 Any employee, whose current rate of pay and current wage range is being retained, as described in Article 30.02, 30.03 and 30.04 shall continue to receive such wage retention provided s/he applies for all posted vacancies for which s/he is qualified. The employee will have priority rights, for such posted vacancies, on an employment seniority basis. Priority rights shall be one (1) week earnings (hourly ratelimited to all those vacancies, or 1/52 of annual salary for employees on a yearly salary multiplied by above the number of years of seniority the employee has in the bargaining unit)level at which s/he is being occupied, up to a maximum and including the level at which s/he was previously occupied at the time of twenty-six (26) weeks.
ii) In addition, technological change. Such priority rights and employee obligation to apply for posted vacancies shall continue to be in effect until the employee shall receive a lump sum benefit payment equivalent to regains the Company's cost of benefit coverage during the employee's periodlevel from which s/he was originally displaced.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during In an effort to minimize the life of this Agreement the Company decided to make impact on employees as a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employeetechnological change, the Company will give is prepared to do the Union written notice ninety (90) days in advance of such change, specifying following: Honour the nature and effects technological change provisions of the changeCollective Agreement (Article 45). The Company will meet with the Union to consider the impact of such change upon Permit employees affected.
30.02 Where an employee's job is changed laid off by reason of any technological change as provided to: Exercise their seniority and displace a junior employee pursuant to the Layoff and Recall provisions of the Collective Agreement (Article or Decline to exercise the right to exercise seniority when given notice of layoff and resign employment with Casino Windsor. In this instance, the employee will receive a payment in clause 30.01 abovean amount equal to per year of service (pro rated), and provided that such less required statutory deductions. (For example, an employee possesses with years of service will receive a gross payment of less required statutory deductions); or Employees who are unable to displace a junior employee pursuant to the necessary qualifications layoff and recall provisions of the Collective Agreement, or do not wish to perform resign and accept a payment pursuant to above will remain on layoff, subject to the changed job after provisions of Article of the Collective Agreement and will be eligible to receive an allowance of up to per year, to a reasonable maximum of during the first (24) months following the layoff. Payment of this allowance will be contingent on the employee following the procedures prescribed in Article of the Collective Agreement. An employee who does not accept any of the options listed above will be eligible for training period, they shall receive such training period.
30.03 If on any vacancy unfilled following the posting process that exists at the time an employee is subject laid off due to permanent technological change before new employees are hired. Employees will be eligible for such training in order of seniority. The covered by this provision are those for which training can reasonably be completed during working hours within sixty (60) calendar days. Such training will not exceed sixty (60) calendar days. An employee will only be eligible for such training on one position. In the event a more senior employee is unsuccessful in such training, they will be laid off from work and the training will be offered to any other employee on layoff as the result of due to technological change, it is agreed the employee shall bump into a lower classification, if availablein order of seniority, in accordance with the foregoing. This provision does not alter, modify or amend the provisions of Article 14 of the Collective Agreement. An employee displaced by a more senior employee exercising bumping rights pursuant to Article of the Collective Agreement will be eligible for the options set out in paragraph above as if they had been originally displaced. Employees will be permitted to receive Pay slips as tips, subject to establishing appropriate rules and a protocol with respect to same. The terms and conditions of this Agreement, in which case the employee's rate arrangement will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees made on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weekswithout prejudice and without precedent basis.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during The Company and Union recognize the life importance of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have lessening the effect of abolishing existing classifications, creating techno- logical change upon the job security and the earnings of any employee who may be demoted from his regular job as a result of such change. Technological change means the automation of equipment or the mechanization or automa- tion of operations or changes in computer applications or introduction of new classifications, or equipment which will result directly results in the layoff manner in which the Company carries out its work. If technological changes are introduced which result directly in the demotion of any full-time an employee, the Company will give the Union written notice ninety (90) days in advance wage rate of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 he has at least years of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed continuous service with the Company as of at the date of termination.
30.04 the demotion, shall not be reduced during the subsequent months and if he has at least years of continuous service at the date of the demotion, shall not be reduced during the sub- sequent months and if he has at least years of continous service at the date of the demotion, shall not be reduced during the sub- sequent months and thereafter such wage rate shall not be reduced by more than one job class. This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do provision shall not apply in the case of demotions resulting from reasons other than technological change. the introduction of the foregoing technolog- ical change results in the subsequent demo- tion of any other employee, the rate of pay of such employee, if he has at least years of continuous service at the date of the demo- tion, shall not be reduced during the term of the collective agreement between the Company year and the Union.
(a) Any full-time employee who is permanently laid off because their existing thereafter shall not be reduced by more than one job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has class in the bargaining unit), any succeeding year up to a maximum of twenty-six (26) weeks.
ii) In additionthree years from the date of demotion. It is a condi- tion of this section that any such employee: shall accept any training in any job clas- sification which is offered to him by the Company unless there are reasonable grounds for his declining and such train- ing shall be offered with due preference to seniority; will be deemed to be an applicant for any job vacancy which is posted in his department for a job the rate for which is higher than the rate of his actual job clas- sification at the time of posting and if he is named as the successful applicant for any such job and refuses to accept the promotion, he shall cease to be entitled to the benefits of this section; if he applies pursuant to section of this agreement for transfer to a job in a lower job classification and he is trans- ferred as a result of his request, he shall cease to be entitled to the benefits of this section. If such technological changes are to be intro- duced, the employee shall receive a lump sum benefit payment equivalent Company will notify the Local Union, as far in advance as possible but at least days prior to the Company's cost proposed date of benefit coverage during introduction, of the employee's period.
(c) nature of the change, the proposed date of introduction of the change and the number and classification of employ- ees likely so to be affected. The Company will provide such reasonable amount of on-the-job training which shall be not less than months provided training is required, at its expense, where necessary, as will enable an employee who affected by such change to acquire the necessary knowledge or skill to retain his job or as will enable any such employee to fill a job, reasonably relat- ed to the job from which he has had their been demot- ed, in the job abolished shall have the right class level to bump a less senior employee which he has been demoted or in an entry level job, in accordance with Article 14 his seniority rights. Any such demotion shall be made using the pro- cedures set out in section of this Agreement. The Company and Union shall form a joint Technological Change Committee consisting of not more than two employees from the Union with whom the Company will discuss technological changes which result in the demotion of an employee. Time off work to attend meetings with the Company to discuss technological changes will be without loss in The Joint Committee will discuss the effects the change may be expected to have on employees.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during
5:01 Technological change shall mean the life introduction by an Employer into his work, undertaking or business of this Agreement equipment or material of a different nature or kind than that previously used by him in the Company decided operation of the work, undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to make the introduction of that equipment or material.
(a) The Employer shall notify the Union at least one hundred and twenty (120) days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussions on employees.
(b) Negotiations on the effects of the technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice take place not later than ninety (90) days in advance prior to the intended date of such changeimplementation.
(c) If the Union and the Employer fail to agree upon measures to protect the employees from any adverse effects, specifying the nature and effects matter may be referred by either party to arbitration as provided for under the terms of this Agreement.
5:02 An employee who is displaced from her job as a result of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveshall be given an opportunity to fill any vacancy for which she has seniority and for which she has the qualifications and ability to perform. If there is no vacancy, and provided that such an employee possesses she shall have the necessary qualifications right to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availabledisplace employees with less seniority, in accordance with Article 14 of layoff procedures specified in this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished Where new or greater skills are required than are already possessed by affected employees under the present methods of operations as a result of the technological change, the Employer agrees that employees shall have be trained on the new equipment or new methods of operation, and said training shall be provided and paid for by the Employer during normal working hours if possible. In addition, at the option of applying the Employer, the employee may be trained in a new area in respect of which there is a demand within the facility for severance individuals possessing such skills. A reasonable training period (not to exceed twelve [12] months) will be provided by the Employer. During the above training periods the employees shall be paid at their current rate of pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above The Employer agrees that where two (2) or more employees require training in (a) above, first consideration shall forfeit their seniority rights and be considered terminatedgiven to the employee with the most seniority.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during Both parties recognize the life importance of this Agreement lessening as much as reasonably possible the Company decided to make a effects of technological change upon the job security and earnings of employees who may be displaced from their jobs as defined by a result of such change. The Labour Relations ActCompany agrees (as far in advance as possible) but not less than eight (8) weeks before the installation of equipment or the introduction of changes in production methods which will affect employment status, which would have to meet with the Union committee and to provide the committee with data regarding the changes being contemplated and the effect of abolishing existing classificationssuch change. The Company agrees that where the introduction of new equipment or processes results in additional training being required in order to allow employees to retain employment the Company will provide such training to affected employees who have the basic qualifications necessary to understand and use the training on the new equipment or processes. In the event that the affected employee is unable to perform the work, creating new classifications, or which will result in the layoff job shall be filled using the normal job posting procedure as per Article 11. During the term of any full-time employeethis Collective Agreement, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects make every reasonable effort to ensure that no member of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job bargaining unit is changed by reason of any technological change laid off or suffers a reduction in his wages as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the direct or indirect result of technological change, it is agreed . Making every reasonable effort involves attempting to place the employee in an alternative position, or making use of attrition to avoid the necessity of lay-off. 921 34.01 922 923 924 925 926 927 928 929 930 931 34.02 932 933 934 935 When a new job is created the Company may assign an employee to such job for a period not to exceed thirty (30) days. It shall bump into be the responsibility of the Company to establish a lower classification, if available, wage rate and classification for such a new job within twenty (20) days of commencement of the new job. The Company agrees to discuss with the committee and to provide all such data used to arrive at the new classification and rate. If the Committee and the Company fail to agree on the new rate or classification for such job a policy grievance may be filed. The arbitrator shall have the authority to set the new wage rate and classification and award redress. In establishing the wage rate and classification the arbitrator shall compare the duties and responsibilities of the new job and the duties and responsibilities of existing positions in order to establish a wage rate for the new position which is consistent with the existing classification and wage rates in the Collective Agreement. New jobs will be posted within thirty (30) days of the date that an employee is assigned to such job. Experience gained as a result of temporary assignment in accordance with Article 14 of this Agreement, in which case 34.01 will not be considered as a qualification on the employee's rate job posting. The successful applicant to the job vacancy will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee selected in accordance with the provisions of Article 14 of this Agreement11.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during Where it is necessary to release an employee who has completed his or her probationary period, because of the life introduction of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actin equipment or methods of operation, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written at least three (3) months’ notice ninety (90) days in advance of the change shall be given to the employee affected and to the Union. For greater certainty, it is understood that such changenotice shall not operate so as to extend any other notice to be given under this Agreement, specifying and it may run concurrently with any such other notice. The matter will then be referred to the nature to discuss and to attempt to resolve the problem with relation to the reallocation and retraining of the affected employees with a view to minimizing the effects of the changeEmployer action required to be taken. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change CONTINUANCE OF INSURED BENEFITS Except as provided in clause 30.01 aboveArticle all benefits coverage under Part B and Part C of the Central Collective Agreement (Employee Benefits for Full-Time and Regular Part-Time Civil Servants) will cease at the end of the month in which the employee is laid off or resigns, save and except coverage as provided under Article or (Insured Benefits Plans) and Article or (Dental Plan). An employee who, pursuant to Article is laid off or resigns and receives pay in lieu of notice may continue benefits coverage at his or her own expense, except for coverage under Article (Short Term Sickness Plan) and (Long Term Income Protection), for a period of twelve months following lay-off or resignation by arranging to pay the full premiums, in advance, on a quarterly basis. Failure by the employee to pay the premiums as specified in Article will disentitle the employee to any further benefitsunder Article JOB REGISTRY SYSTEM The parties agree that such an employee possesses job registry system shall be developed by the necessary qualifications Management Board Secretariatand shared with the to perform track all funded classified vacancies as approved to be filled by the changed job after a reasonable training period, they Employer. Such vacancies shall receive such training period.
30.03 If be reported by ministries to Management Board Secretariat for inclusion in the registry. Names of surplus employees shall be reported by ministries to Management Board Secretariatand the Union once an employee is subject to permanent layoff as the result given written notice of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) monthslay-off. If no position is available through bumping, the employee will be required to choose one Monitoring of the following options:
(a) job registryand redeployment resultswill be reported to Management Board of Cabinet and by the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees Management Board Secretariat on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksquarterly basis.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If Definition: Any change in technology, method or procedure during the life period of this Agreement the collective agreement which decreases the number of employees that existed when the current contract was negotiated with the Union e.g. change in computer operation, except for normal layoff, such as a result of a decline in the volume of business. The Company has the right to introduce technological changes. Prior to so introducing, the Company decided to make a technological change as defined by shall advise the Communications, Energy and Paperworkers Union of Canada, Local 2000. The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written three months' notice ninety (90) days in advance of such change, specifying the nature any contemplated technological change and effects of the change. The Company will meet with the Union beginning no more than ten days after such notice to consider discuss with their representatives the impact time, procedure and training necessary for the introduction of such change upon employees affected.
30.02 Where an employee's job is changed by reason of the contemplated change. If the Union foresees any technological change jurisdictional problems which may arise as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of said technological change, it is agreed that the employee shall bump into a lower classification, if available, in accordance with Article 14 date of this Agreement, in which case the employee's rate introduction will be red circled for twelve delayed a further three (123) months. If no any reduction in the number of employees is contemplated as a result of technological change, the Company will afford the employee(s) the opportunity for training as laid out in Section 30 to enable them to transfer to any existing or new positions, which become available. An employee who has lost their employment with the Company through a technological change shall have the right of recall for a maximum period of nine months. Said employee shall have first refusal for any job that becomes available within the bargaining unit within the nine-month period. The employer shall make available to said employee(s) sufficient training to enable them to fulfill the job function. If the new position is available through bumpingin other than the employee’s previous department, the employee will be required start at that department's entry-level wage scale (apprenticeship program for production department). In the event of loss of employment due to choose one of technological change the following options:
(a) payment made to the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary and one-half week's pay for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to each six months employment with a maximum of twenty-six (26) weeks.
ii) In addition, 35 weeks pay. This payment would be in lieu of the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 severance pay provisions of this Agreement. In the event of a displacement, the severance pay provisions of this Collective Agreement shall apply. (Sec. 29).
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during In the life event of this Technological Change as defined in Clause 44 of the Collective Agreement the Company decided will, along with complying with the provisions of this clause, provide employees with the following information: - the nature of the change - the proposed time frame in which the Company proposed the change - the approximate number, classification and location of employees likely to make a technological be effected by the change as defined by The Labour Relations Act- information regarding the new and changed jobs that will be available on completion of the Technological Change It is also the intent of the Company where new or greater skills are required, which would have the effect because of abolishing existing classificationsTechnological Change, creating new classifications, or which will result in the layoff of any full-time employee, that the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses provide the necessary qualifications to perform the changed training for those employees so affected. It is further agreed that any employee losing their posted job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of through technological change, it is agreed and are still in the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one employ of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall will have the right to bump return to the discontinued job immediately, seniority prevailing, if the job is reinstated. Yours truly, X. X. Xxxxxxx HUMAN RESOURCES MANAGER PETERBOROUGH PLANT 5 of 15 Canadian Auto Workers Local 1996 Attention: Xx. Xxxxx Xxxxxx Further to our understanding concerning those employees on Long Term Disability, I am writing to confirm our existing policy of continuing those benefits that they are now receiving. Such benefits will be retained as long as the employee remains on Long Term Disability. Yours truly, Xxxx X. Xxxxxxx HUMAN RESOURCES MANAGER PETERBOROUGH PLANT 6 of 15 Canadian Auto Workers Local 1996 Attention: Xx. Xxxxx Xxxxxx In keeping with the spirit of both Pay Equity legislation and internal equity, it is our intention to endeavour to determine job classification by a less senior system of job evaluation. Only new or substantially altered existing jobs will be eligible for job evaluation. If a job is deemed eligible for evaluation, it will be evaluated by a joint union/management committee using a point factor system as used for Pay Equity purposes. This letter will not alter the recourse available to the Union in clause B 16 New Jobs, but will provide method of evaluating new jobs. Yours truly, X.X. Xxxxxxx HUMAN RESOURCES MANAGER PETERBOROUGH PLANT 7 of 15 Canadian Auto Workers Local 1996 Attention: Xx. Xxxxx Xxxxxx The following identifies wage rates and provides a brief description of employee qualifications necessary to attain a specific grade level. Maintenance I - any routine job within the maintenance department requiring little or no skill; Maintenance II - employee in accordance progress of acquiring skill or knowledge in the building trades; - a starting apprentice; Maintenance III - employee with Article 14 the basic knowledge of this Agreement.
(d) Any construction trades; - apprentice 1st anniversary date Maintenance IV - employee competent in all building trades; - works with minimum direction from supervisor; - apprentice 2nd anniversary date Maintenance V - employee in the building trades who received demonstrates a severance payment pursuant high level of ability; - newly hired skilled tradesman possessing an Ontario Certificate of Qualification; - apprentice who has completed the course, but has no certificate - certified technician or technologist Maintenance VI - certified skilled tradesman completing probation - apprentice completing required course work and fulfilling time requirements under the contract of Apprenticeship Maintenance VII - certified skilled tradesman completing three months in Maintenance Grade VI - Maintenance Stationary Engineer - Stationary Engineer 2nd Class Maintenance VIII - fully certified electrician - enhanced mechanic The following will be a supplement to (b) above shall forfeit their seniority rights and be considered terminated.the Skilled Trades - Job Identification:
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 38.01 Technological change means the life introduction of this Agreement equipment or material of a different technical nature or kind than that previously used by the Company decided to make Employer, and a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, manner in which case the employee's rate will be red circled for twelve (12) months. If no position Employer carries on its operations that is available through bumping, directly related to the employee will be required to choose one introduction of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Unionthat equipment or material.
(a) Any full-time employee who The Employer agrees to introduce technological change in a manner which, as much as possible, will minimize the disruptive effects on employees and services to the public. Where Technological change is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall to be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In additionimplemented, the employee shall receive a lump sum benefit payment equivalent Employer will seek ways and means to the Company's cost of benefit coverage during the employee's periodminimize adverse effects on employees which might result from such changes.
(cb) When the Employer is considering the introduction of technological change which substantially changes the duties performed by employees in the Bargaining Unit(s), the Employer agrees to notify the Union at least four (4) months prior to the date the change is to be implemented. During this period the parties will meet to discuss the steps to be taken to assist employees who could be affected. The written notice will provide the following information:
(i) the nature and degree of changes;
(ii) the anticipated date or dates on which the Employer plans to effect change.
(iii) the location or locations involved, and when possible,
(iv) the approximate number, classification and, location of employees likely to be effected by the change; and
(v) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
38.03 If, as a result of a change in technology, the Employer requires an employee who has had their job abolished to undertake additional training, the training will be provided to the employee. Such training shall have be given during the right hours of work whenever possible. Any training due to bump technological change shall be at the Employer's expense without loss of pay to the employee.
38.04 If, after a less senior reasonable period of training the employee is unable or unwilling to acquire sufficient competence, the Employer shall make every effort to retain the employee in such position as may be available within the competence of the employee. Should technological change result in layoff of an employee, the affected employee shall be laid off in accordance with Article 14 the layoff provisions of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If 28.01 If, during the life of this Agreement Agreement, the Company decided decides to make a technological change as defined by The Labour Relations Actthe Saskatchewan Employment Act which is likely to affect the terms, which would have the effect conditions or tenure of abolishing existing classifications, creating new classifications, or which will result in the layoff employment of any a significant number of full-time employeeemployees, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 28.02 Where an employee's ’s job is changed by reason of any technological change as provided in clause 30.01 above, Article 28.01 above and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they he shall receive such training period.
30.03 28.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's ’s rate will be red red-circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their his or her employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary ’ salary, up to a maximum of fifty-two (52) weeks, for each year of completed service with the Company Company, as of the date of termination.
30.04 28.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83accordingly, 84 and 85 Section 6-54 of The Manitoba Labour Relations the Saskatchewan Employment Act do does not apply during the term of the collective agreement Collective Agreement between the Company and the Union.
(a) Any 28.05 Should a permanent full-time employee who is position be permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in eliminated from the bargaining unit, the affected employee shall be eligible for severance pay as outlined in 28.03(b), . The affected employee may choose to remain on layoff as per 28.03(a). An employee may remain on layoff for a period of up to a maximum twelve (12) months. At any time during that twelve (12) month period, the employee may choose to take his severance. At the conclusion of twenty-six the twelve (2612) weeks.
ii) In additionmonth period, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a his severance payment pursuant to (b) above shall forfeit their seniority rights and his employment will be considered deemed terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during For the life purpose of this Agreement clause “technological change” shall mean the Company decided introduction by the Employer of equip- ment or material different in nature or kind than that pre- viously used or a change in the manner, method or pro- cedure in which the Employer carries on his work, undertaking, or business that is related to the introduc- tion of that equipment or material and which change affects the terms, conditions, or security of employment of a significant number of employees. “Technological change” does not include normal layoffs resulting from a decrease in the amount of work to be done. The University agrees to notify the Union and affected employees as far as possible in advance but not less than ninety (90) calendar days before the date on which the technological change is to be effected. Such notice shall be in writing and shall state: the nature of the technological change, the date on which the Employer proposes to effect the technological change, the approximate number and type of employees likely to be affected by the technological change, and the anticipated of the technological change on affected employees. If the Union wishes to consult on the technological change it shall so notify the University within five (5) working days from receipt of the University’s notice. The University will be entitled to rely on the Union’s response or absence thereof. Any unresolved dispute between the parties relating to the interpretation and application of this Article may be referred directly to Step of the existing Grievance Procedure. Where applicable practicable, employees who are about to become displaced by and who have received notice of layoff due to technological change will be xxx- gible for retraining to equip them for the operation of such new equipment and procedures. Such retraining shall be at the University’s expense and, whenever possi- ble, shall occur during working hours. If not or in cases where the employee on notice chooses not to accept such retrain- ing, the employee has the choice of internal placement into any vacancies occurring in classification or in a lower classification within the same job category provided has the necessary qualifications or can be expected to have those qualifications following an on-the-job training period not to exceed three (3) months. In case of vacancies outside of own department, the employee must in order to exercise internal placement rights notify Human Resources Department in writing within five (5) work- ing days of publication of the posting of a position into which xxxxxx wishes to be placed. After the five (5) working days have passed the employee’s right to inter- nal placement into these vacancies is forfeited. A full-time employee shall not be placed or recalled into a part-time position unless has so requested in writing, and a part-time employee shall not be placed or recalled into a full-time position. An employee who has been placed in a lower classifica- tion or in a position in another department or who has been laid off shall remain on the recall list for original classification in original department for a period of fifteen (15) months unless that classification has been discontinued. Employees who at the end of the notice period have not been placed shall inform department in writing regarding which of the following options heishe has se ected: layoff with recall rights for fifteen (15) months termination of employment with severance pay and relinquishment of recall rights. Selection of one option precludes selection of the other, and failure to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which selection will result in the layoff employ- ee being placed on the appropriate recall list. Severance pay will be based on the employee’s average weekly wage in the last two (2) months worked, exclu- sive of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveovertime acting pay, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, will be calculat- ed in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
formula: for completed service of three (a3) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of months but less than one year, two (2) weeks' salary ’ pay, for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings year but less than three (hourly rate3) years, or 1/52 three (3) weeks’ pay, each additional completed year of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit)service, com- mencing at four (4) years, an additional week’s pay up to a maximum of twenty-six twelve (2612) weeks’ pay.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make 11.05.01 Any employee classified as a permanent employee shall be considered displaced by technological change when his services shall no longer be required as defined by a result of a change in the plant or equipment, a change in a process or method of operation, re-organization or re-structuring, diminishing the total number ofemployees required to operate the Department in which he is employed.
11.05.02 Permanent employees so affected will be given reasonable advance notice in order that they may take advantage of all available opportunities commensurate with their abilities.
11.05.03 The Labour Relations ActCity agrees that wherever possible, which would no employee shall lose employment because of technological change; however, whenever it is necessary to reduce staff, it will be done in accordance with the layoff procedures outlined in this Agreement.
12.01 Vacant positions required to be filled shall be posted for a minimum period of 7 calendar days, in all departments, branches or sections, having jobs coming within the jurisdiction of the Union. Internal bulletins limiting eligible applicants to the employees in a department, branch or section may be utilized where the circumstances warrant.
12.02 Job postings or internal bulletins shall contain a description of the position functions, the required knowledge, skills and qualifications (education and experience) for the position, hours of work for the position, and the wage rate for the position. The City may include other information on the posting, such as the department(s), section(s), and subsection(s) where the position is assigned. The City may fill additional vacancies that may arise in the same class code, under the same hiring manager, during a current recruitment process on an existing posting after the posting closing date but before the selection decision is made. The City will notify the Union in writing regarding the amended number of positions to be filled.
12.03 Electronic applications are encouraged; however, paper applications shall be accepted and shall be addressed to Human Resources, clearly indicating the appropriate job requisition number and the return address of the applicant. It is the applicant’s responsibility to submit a complete and accurate application. A copy of all postings or internal bulletins shall be sent to the Union.Human Resources shall notify the Union of the selected applicant and the names of all internal employees within the Union’s jurisdiction who were unsuccessful applicants, upon the completion of the selection process. Human Resources shall also notify unsuccessful applicants in writing of the name of the successful applicant. Unsuccessful applicants shall have 10 working days from the effect date of abolishing existing classificationsreceiving such notification to initiate a grievance. The City shall appoint the selected applicant, creating new classificationsand that appointment shall be final, subject to satisfactory completion of the required probationary period, or which will result in the layoff outcome of any full-time employeegrievance filed.
12.04 Vacant positions required to be filled shall be posted without undue delay:🞟 except as provided in clauses 12.05 and 12.06, the Company will give the Union written notice and 🞟 except for positions filled by appointment for a period of up to ninety (90) days in advance consecutive calendar days.
12.04.01 Where the estimated duration of a temporary position exceeds 90 consecutive calendar days, the temporary positions shall be posted. The City and the Union may mutually agree to an extension of the 90 day temporary appointment period. In instances where the duration of the temporary position is uncertain due to illness or injury of the incumbent, such position may be temporarily filled by appointment for a period up to 150 consecutive calendar days. After this period, the temporary position will be posted, unless the City and the Union mutually agree to an extension.
12.04.02 Where a temporary position is posted, the estimated duration of such change, specifying position shall be set out in the nature posting and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedshall not exceed 12 months.
30.02 Where an employee's job is changed 12.05 Appointments may be made by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective mutual agreement between the Company Union and the UnionCity without posting.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) 12.06 The employee who has had their job abolished City shall have the right to bump fill vacancies which result from reversions or terminations of employment during normal probationary periods or trial terms from among the original applicants without posting such vacancies.
12.07 In instances where an employee assumes the functions of another position for a less senior period of 12 consecutive months, or less, even if such position is outside the scope of this Agreement, and the employee is reverted by the City to their former classification within the scope of this Agreement, no posting shall be required to complete the reversion.
12.08 Employees shall be eligible to apply for jobs not coming within the scope of this Agreement and shall receive consideration in accordance with Article 14 their qualifications, experience and seniority. However, nothing in this Agreement shall be deemed to bind the City to appoint an employee to a job which does not come within the scope of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during Where it is necessary to release an employee who has completed his or her probationary period, because of the life introduction of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actin equipment or methods of operation, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written at least three (3) months’ notice ninety (90) days in advance of the change shall be given to the employee affected and to the Union. For greater certainty, it is understood that such changenotice shall not operate so as to extend any other notice to be given under this Agreement, specifying and it may run concurrently with any such other notice. The matter will then be referred to the nature to discuss and to attempt to resolve the problem with relation to the reallocation and retraining of the affected employees with a view to minimizing the effects of the changeEmployer action required to be taken. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change CONTINUANCE OF INSURED BENEFITS Except as provided in clause 30.01 above, Article all benefits coverage under Part B and provided that such an employee possesses Part C of the necessary qualifications to perform Central Collective Agreement (Employee Benefits for Full-Time and Regular Part-Time Civil Servants) will cease at the changed job after a reasonable training period, they shall receive such training period.
30.03 If an end of the month in which the employee is subject laid off or resigns, save and except coverage as provided under Article or (Insured Benefits Plans) and Article or (Dental Plan). An employee who, pursuant to permanent layoff as the result Article is laid off or resigns and receives pay in lieu of technological changenotice may continue benefits coverage at his or her own expense, it is agreed the employee shall bump into except for coverage under Article (Short Term Sickness Plan) and Article (Long Term Income Protection), for a lower classification, if available, in accordance with Article 14 period of this Agreement, in which case the employee's rate will be red circled for twelve (12) monthsmonths following lay-off or resignation by arranging to pay the full premiums, in advance, on a quarterly basis. If no position is available through bumping, Failure by the employee to pay the premiums as specified in Article will disentitle the employee to any further benefits under Article JOB REGISTRY SYSTEM The parties agree that an job registry system shall be developed by the Management Board Secretariat and shared with the to track all funded classified vacancies as approved to be filled by the Employer. Such vacancies shall be reported by ministries to Management Board Secretariat for inclusion in the registry. Names of surplus employees shall be reported by ministries to Management Board Secretariat and the Union once an employee is given written notice of lay-off. Monitoring of the job registry and redeployment results will be required reported to choose one Management Board of Cabinet and by the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees Management Board Secretariat on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksquarterly basis.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during Where it is necessary to release an employee who has completed his or her probationary period, because of the life introduction of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actin equipment or methods of operation, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written at least three (3) months’ notice ninety (90) days in advance of the change shall be given to the employee affected and to the Union. For greater certainty, it is understood that such changenotice shall not operate so as to extend any other notice to be given under this Agreement, specifying and it may run concurrently with any such other notice. The matter will then be referred to the nature to discuss and to attempt to resolve the problem with relation to the reallocationand retraining of the affected employeeswith a view to minimizing the effects of the changeEmployer action required to be taken. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change I CONTINUANCE OF INSURED BENEFITS Except as provided in clause 30.01 above, Article all benefits coverage under Part B and provided that such an employee possesses Part C of the necessary qualifications to perform Central Collective Agreement (Employee Benefits for Full-Time and Regular Part-Time Civil Servants) will cease at the changed job after a reasonable training period, they shall receive such training period.
30.03 If an end of the month in which the employee is subject laid off or resigns, save and except coverage as provided under Article or (Insured Benefits Plans) and Article or (Dental Plan). An employee who, pursuant to permanent layoff as the result Article is laid off or resigns and receives pay in lieu of technological changenotice may continue benefits coverage at his or her own expense, it is agreed the employee shall bump into except for coverage under Article (Short Term Sickness Plan) and Article (Long Term Income Protection), for a lower classification, if available, in accordance with Article 14 period of this Agreement, in which case the employee's rate will be red circled for twelve (12) monthsmonths following lay-off or resignation by arranging to pay the full premiums, in advance, on a quarterly basis. If no position is available through bumping, Failure by the employee to pay the premiums as specified in Article will disentitle the employee to any further benefits under Article JOB REGISTRY SYSTEM The parties agree that an job registry system shall be developed by the Employer and shared with the to track all funded classified vacancies as approved to be filled by the Employer. Such vacancies shall be reported by ministries to the Employer for inclusion in the registry. Names of surplus employees shall be reported by ministries to the Employer and the Union once an employee is given written notice of lay-off. Monitoring of the job registry and redeployment results will be required reported to choose one Management Board of Cabinet and by the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees Employer on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksquarterly basis.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 8.1 For the life purposes of this Agreement Agreement, "technological change" shall mean:
a) The introduction by the Company decided Employer into the Employer's work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the Employer in the operation of the work, undertaking or business.
b) A change in the manner in which the Employer carries on the work, undertaking or business that is directly related to make the introduction of that equipment or material, or
c) The removal or relocation outside of the bargaining unit by the Employer of any part of his work, undertaking or business.
8.2 When the Employer proposes to effect a technological change as defined by The Labour Relations Actthat is likely to affect the terms, which would have conditions or tenure of employment of two or more Employees the effect Employer shall give notice of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give technological change to the Union written notice at least ninety (90) days prior to the date on which the technological change is to be effected.
8.3 The notice mentioned in advance of such change, specifying the Article 8.2 shall be in writing and shall state:
a) The nature and effects of the technological change. .
b) The Company will meet date upon which the Employer proposes to effect the technological change.
c) The number and type of Employees likely to be affected by the technological change.
d) The effect that the technological change is likely to have on the terms and conditions or tenure of employment of the Employees affected, and
e) Such other information as the Minister of Labour may by regulation require.
8.4 Where the Union alleges that the Employer has failed to comply with Article 8.2 and the allegation is made not later than thirty (30) days after the Union knew, or in the opinion of an arbitrator ought to have known, of the failure of the Employer to comply with Article 8.2, the arbitrator may, after affording an opportunity to the parties to be heard, by order:
a) Direct the Employer not to proceed with the Union to consider technological change for such period not exceeding ninety (90) days as the impact of such change upon employees affectedarbitrator considers appropriate.
30.02 Where an employee's job is changed by reason b) Require the reinstatement of any technological change Employee displaced by the Employer as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of the technological change, it and
c) Where an Employee is agreed reinstated pursuant to clause (b), require the employee shall bump into Employer to reimburse the Employee for any loss of pay and benefits suffered by the Employee as a lower classificationresult of the Employee's displacement.
8.5 Where the Union makes an allegation pursuant to Article 8.4, if availablethe arbitrator may, after consultation with the Employer and the Union, make such interim orders under Article 8.4 as the arbitrator considers appropriate.
8.6 An award of the arbitrator made under clause (a) of Article 8.4 is deemed to be a notice of technological change given pursuant to Article 8.2.
8.7 Where the Union receives notice of a technological change given, or deemed to have been given, by the Employer pursuant to Article 8.2, the Union may, within thirty (30) days from the date on which the Union received the notice, serve notice on the Employer in writing to commence collective bargaining for the purpose of revising the existing provisions of this Collective Agreement that relate to terms and conditions or tenure of employment, or for including new provisions in the Agreement relating to such matters, to assist the Employees affected by the technological change to adjust to the effect thereof.
8.8 The arbitrator may, upon application by the Employer, make an order relieving the Employer from complying with the requirement of the notice served under Article 8.7 or denying the Union the right under Article 8.7 to serve on the Employer a notice to commence collective bargaining where the arbitrator is satisfied that the Employer has given to the Union a notice in writing in accordance with Article 14 of 8.2,
a) Prior to the day on which the Employer and the Union entered into this Collective Bargaining Agreement, or
b) Not later than the first date on which either party could give notice in writing to negotiate a revision of the Agreement under subsection 33(4) of The Trade Union Act.
8.9 Where the Union has served notice to commence collective bargaining under Article 8.7, the Employer shall not effect the technological change in respect of which case the employee's rate notice has been served unless an agreement has been reached as a result of collective bargaining.
8.10 Where the parties do not reach agreement within sixty (60) days after the date on which the Union has received notification from the Employer of its intention of introduction of a change, the matter may be referred to an expedited arbitration process for purposes of a decision. Within seven (7) days a decision shall be rendered. Technological change shall not be introduced by the Employer until such decision is rendered. Such a decision will be red circled for twelve (12) monthsfinal and binding on both parties.
8.11 Where new skills are required by the affected Employees, said Employees shall, at the Employer's expense, be given a reasonable period of time, without reduction of hours or rates of pay and corresponding adjustments to workloads during which time they may acquire the necessary skills required by such technological change. If no position is available through bumpingWhere such Employees successfully complete training or upgrading or instruction, the employee will be required Employer shall provide certification to choose one of validate the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationnew skills.
30.04 This Article 8.12 An Employee who is intended to assist employees affected by any displaced from her job as a result of technological change and accordingly Sections 83under this Article, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee rights in accordance with Article 14 of this Agreement7.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If 1. In the event that, during the life of this Agreement collective agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the indefinite layoff of any full-time employeeseven (7) or more regular employees, the following shall apply.
(a) The Company will give the Union written notice ninety of such technological change at least sixty (9060) days in advance before the date on which the technological change is to be effected. After giving notice, the Company shall identify by job classification, the number of such change, specifying jobs to be displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the change. paragraph (c) herein.
(b) The Company will meet and discuss with the Union to consider the impact redeployment of such change upon the affected regular employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 the provisions of this Agreementthe collective agreement and the provisions as set out in the Guaranteed Wage Plan (GWP); and, in which case so doing, shall designate the employee's rate employees to be indefinitely laid off;
(c) During the first thirty (30) days of the notice period and prior to effecting any layoffs or separations under the collective agreement, the Company shall canvass employees eligible for special early retirement (`eligible employees’) as to their willingness to elect special early retirement. Such eligible employees shall be approached within each group determined in paragraph (a) in order of seniority and, if they choose to take special early retirement within the above thirty (30) day period and actually retire within thirty (30) days thereafter, will receive a Technological Change Bonus (TCB). The TCB will be red circled determined by dividing the total amount of the separation pay entitlement of all the employees designated for twelve indefinite layoff in paragraph (12b) monthsabove, by the total number of employees so designated. If no position is available through bumpingThe number of special early retirees in any group who may receive the TCB will not exceed the number of jobs in that group which are to be permanently displaced by the technological change and, if a greater number of eligible employees in any group so elect to take special early retirement, the employee TCB will only be required paid to choose one the most senior of the following optionsthem. If:
(a) the employee may The number of eligible employees in any group who elect to go on layoff status; take special early retirement is less than the number of jobs in that group to be permanently displaced by the technological change, or
(b) The Company did not anticipate the employee may number of layoffs but the introduction of the major technological change actually directly results in the indefinite layoff of ten (10) or more regular employees, the following provisions shall apply.
(i) the employees ultimately designated for indefinite layoff hereunder, will be permitted to elect separation and to voluntarily sever their employment completely with terminate from the Company prior to their scheduled date of layoff. Those employees so electing and accept severance pay in terminating from the Company shall be entitled to receive the amount of two separation payment calculated in accordance with Article 15 hereof. If any of those employees were classified as probationary or regular employees prior to May 17, 1988, their separation payment calculation shall include an additional one thousand dollars (2$1,000.00);
(ii) weeks' salary those employees designated for each year of completed service with indefinite layoff hereunder who do not elect to terminate from the Company as pursuant to the provisions of the date preceding paragraph, and who are eligible for participation in the Guaranteed Wage Plan, shall receive the benefits provided for under that Plan. In addition, such employees shall receive an additional eight (8) weeks of termination.
30.04 This Article is intended benefit entitlement under that Plan, subject to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.following conditions:
(a) Any full-time an employee who is permanently laid off because may use the additional eight (8) weeks of entitlement only once during their existing job is abolished shall have employment, and notwithstanding Section 8 of the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In additionPlan, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.eight (8) weeks can never be restored;
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above the additional eight (8) weeks of entitlement shall forfeit their seniority rights and be considered terminatedthe first weeks used.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 16.01 Technological change in this article means the life of this Agreement introduction by the Company decided of equipment of a different kind or nature than that previously used by the Company which directly results in the displacement of a significant number of employees.
16.02 The Company agrees to make consult with the Union in order to assist employees whose terms and conditions of employment are affected by any technological change to adjust to the effects thereof.
16.03 Whenever the Company proposes to effect a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will that is likely to result in the layoff termination of employment of 50 or more employees within the bargaining unit, it shall give notice of the technological change to the Union at least 120 days prior to the date of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the changetermination. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided notice shall be in clause 30.01 above, writing and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following optionsstate:
(a) the nature of the technological change
(b) the date upon which the Company proposes to effect the technological change
(c) the approximate number and type of employees likely to be affected by the technological change
(d) the locations where the technological change will have effect. The Company further agrees to meet with the Union at the time such notice is given in an endeavour to reach agreement on an alternative to termination.
16.04 Where within 12 months of the date on which the Company effected, in a location, a technological change for which notice is required under Section 16.03, the Company requires a further reduction of the work force in that location as a result of the ongoing effects of that technological change, the provisions of Sections 16.02 and 16.05 to 16.11 inclusive shall apply to the employees affected.
16.05 In the event the Company and the Union are unable to reach agreement within thirty (30) days of the Union being notified, in accordance with Section 16.03, an affected employee may may:
(a) elect to go on layoff status; accept termination of service in accordance with Section 16.08 or
(b) the employee may elect to voluntarily sever their employment completely invoke the lay-off provisions of Article 11.
16.06 Whenever the Company proposes to effect a technological change the impact of which is less extensive than that described in Section 16.03, the Company shall consult with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of Union to examine alternatives to lay off or termination.
30.04 This Article is intended 16.07 All employees with six or more months net credited service shall not be subject to assist lay-off or termination due to technological change, but may elect termination in accordance with the provisions of Section 16.08, as an alternative to being re- assigned or transferred. For employees affected by with less than six months of net credited service, any lay-off or recall resulting from technological change shall be made in accordance with the relevant provisions of Article 11, and accordingly Sections 83termination allowance shall be paid, 84 and 85 where applicable, in accordance with the provisions of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the UnionSection 16.08.
(a) Any full-time Termination allowances in amounts computed in accordance with subsection 16.08(c) shall be paid to employees whose service is terminated by the Company and the termination is directly attributable to a technological change, unless:
(i) the employee who is permanently laid off because their existing job is abolished shall have retiring on pension where the option Company has been advised, in advance of applying for severance paythe notification of technological change given pursuant to Section 16.03, of his intention to retire on pension.
i(ii) Severance pay shall the employee is leaving the service at the compulsory retirement age and is eligible to a deferred annuity.
(b) Termination allowances will not be one (1) week earnings (hourly ratepaid to employees who are dismissed for misconduct, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodresign.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee amount of termination allowance paid in accordance with this Article will be computed as follows: Period Completed But Less Than # Weeks Pay - 2 years 2 2 years 3 years 4 3 years 4 years 6 4 years 5 years 8 5 years 6 years 10 6 years 7 years 12 7 years 8 years 14 8 years 9 years 16 9 years 10 years 18 10 years 11 years 21 11 years 12 years 24 12 years 13 years 27 13 years 14 years 30 14 years 15 years 33 15 years 16 years 36 For each subsequent 6 month period: 16 years through 25 years 2 From 25 years 2.5
16.09 If an employee with six months or more net credited service is transferred or re- assigned as a result of this Agreementtechnological change to a position or occupation different from the one immediately prior to the transfer and the basic rate of pay for the new position or occupation is lower, the employee so transferred will receive a "Transfer Indemnity" paid as a lump sum calculated on the basis of the differential between the rates of pay for a period of twelve months.
16.10 If an employee is transferred to another locality as the result of technological change and in accordance with the definition of a transfer contained in Article 22 or paragraph (div) Any employee who received a severance payment pursuant to (b) above of subsection 23.01(a), the provisions of Section 22.09 shall forfeit their seniority rights and be considered terminatedapply.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 33:01 Technological change shall mean the life introduction by an Employer into his work, undertaking or business of this Agreement equipment or material of a different nature or kind than that previously used by him in the Company decided operation of the work, undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to make the introduction of that equipment or material.
(a) The Employer shall notify the Union at least one hundred and twenty (120) days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussions on employees.
(b) Negotiations on the effects of the technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice take place not later than ninety (90) days in advance prior to the intended date of such changeimplementation.
(c) If the Union and the Employer fail to agree upon measures to protect the employees from any adverse effects, specifying the nature and effects matter may be referred by either party to arbitration as provided for under the terms of this Agreement.
33:02 An employee who is displaced from their job as a result of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveshall be given an opportunity to fill any vacancy for which she has seniority and for which she has the qualifications and ability to perform. If there is no vacancy, and provided that such an employee possesses she shall have the necessary qualifications right to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availabledisplace employees with less seniority, in accordance with Article 14 of layoff procedures specified in this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished Where new or greater skills are required than are already possessed by affected employees under the present methods of operations as a result of the technological change, the Employer agrees that employees shall have be trained on the new equipment or new method of operation, and said training shall be provided and paid for by the Employer during normal working hours, if possible. In addition, at the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In additionEmployer, the employee shall receive may be trained in a lump sum benefit payment equivalent new area in respect of which there is a demand within the program for individuals possessing such skills. A reasonable training period (not to the Company's cost of benefit coverage during the employee's period.exceed twelve
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above The Employer agrees that where two (2) or more employees require training in (a) above, first consideration shall forfeit their seniority rights and be considered terminatedgiven to the employee with the most seniority, insofar as reasonably possible. This practice will not result in additional costs to the employer.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make 11.05.01 Any employee classified as a permanent employee shall be considered displaced by technological change when the employee’s services shall no longer be required as defined by a result of a change in the plant or equipment, a change in a process or method of operation, re- organization or re-structuring, diminishing the total number of employees required to operate the Department in which they are employed.
11.05.02 Permanent employees so affected will be given reasonable advance notice in order that they may take advantage of all available opportunities commensurate with their abilities.
11.05.03 The Labour Relations ActCity agrees that wherever possible, which would no employee shall lose employment because of technological change; however, whenever it is necessary to reduce staff, it will be done in accordance with the layoff procedures outlined in this Agreement. 12 Posting and Filling Vacancies
12.01 Vacant positions required to be filled shall be posted for a minimum period of 7 calendar days, in all departments, branches or sections, having jobs coming within the jurisdiction of the Union. Internal bulletins limiting eligible applicants to the employees in a department, branch or section may be utilized where the circumstances warrant.
12.02 Job postings or internal bulletins shall contain a description of the position functions, the required knowledge, skills and qualifications (education and experience) for the position, hours of work for the position, and the wage rate for the position. The City may include other information on the posting, such as the department(s), section(s), and subsection(s) where the position is assigned. The City may fill additional vacancies that may arise in the same class code, under the same hiring manager, during a current recruitment process on an existing posting after the posting closing date but before the selection decision is made. The City will notify the Union in writing regarding the amended number of positions to be filled.
12.03 Electronic applications are encouraged; however, paper applications shall be accepted and shall be addressed to Human Resources, clearly indicating the appropriate job requisition number and the return address of the applicant. It is the applicant’s responsibility to submit a complete and accurate application. A copy of all postings or internal bulletins shall be sent to the Union. Human Resources shall notify the Union of the selected applicant and the names of all internal employees within the Union’s jurisdiction who were unsuccessful applicants, upon the completion of the selection process. Human Resources shall also notify unsuccessful applicants in writing of the name of the successful applicant. Unsuccessful applicants shall have 10 working days from the effect date of abolishing existing classificationsreceiving such notification to initiate a grievance. The City shall appoint the selected applicant, creating new classificationsand that appointment shall be final, subject to satisfactory completion of the required probationary period, or which will result in the layoff outcome of any full-time employeegrievance filed.
12.04 Vacant positions required to be filled shall be posted without undue delay: 🞟 except as provided in clauses 12.05 and 12.06, the Company will give the Union written notice and 🞟 except for positions filled by appointment for a period of up to ninety (90) days in advance consecutive calendar days.
12.04.01 Where the estimated duration of a temporary position exceeds 90 consecutive calendar days, the temporary positions shall be posted. The City and the Union may mutually agree to an extension of the 90 day temporary appointment period. In instances where the duration of the temporary position is uncertain due to illness or injury of the incumbent, such position may be temporarily filled by appointment for a period up to 150 consecutive calendar days. After this period, the temporary position will be posted, unless the City and the Union mutually agree to an extension.
12.04.02 Where a temporary position is posted, the estimated duration of such change, specifying position shall be set out in the nature posting and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedshall not exceed 12 months.
30.02 Where an employee's job is changed 12.05 Appointments may be made by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective mutual agreement between the Company Union and the UnionCity without posting.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) 12.06 The employee who has had their job abolished City shall have the right to bump fill vacancies which result from reversions or terminations of employment during normal probationary periods or trial terms from among the original applicants without posting such vacancies.
12.07 In instances where an employee assumes the functions of another position for a less senior period of 12 consecutive months, or less, even if such position is outside the scope of this Agreement, and the employee is reverted by the City to their former classification within the scope of this Agreement, no posting shall be required to complete the reversion.
12.08 Employees shall be eligible to apply for jobs not coming within the scope of this Agreement and shall receive consideration in accordance with Article 14 their qualifications, experience and seniority. However, nothing in this Agreement shall be deemed to bind the City to appoint an employee to a job which does not come within the scope of this Agreement.
(d) Any employee who received 12.09 The City and the Union recognize that, for some classifications of work, recognizing a severance payment pursuant candidate’s successful relevant experience and/or their ability to (b) above shall forfeit their seniority rights demonstrate skills and be considered terminatedcompetencies in job-related tasks, are effective tools in the selection process.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during During the life of this Agreement Agreement, any reduction in the work force of the Company decided to make will be the subject of negotiations with the Union. If the Company plans plant closure, reduction of staff or, anticipates that the introduction of a technological change as defined by The Labour Relations Act, which would have new technology in the effect form of abolishing existing classifications, creating new classifications, equipment or which product distribution system will result in the layoff employees whose immediate jobs are directly altered thereby being placed in a different occupational classification or being removed from their occupation classification due to lack of any full-time employeework, then when the Company knows the changes that are expected to apply to these employees, it will give arrange for an early discussion of these changes with the Union. The Company shall notify the Shop Committee and the Union written notice ninety (90) days in advance of such changeintent to institute changes in working methods or facilities, specifying or the nature and effects permanent closure of an operation, which would involve the laying off of employees. Furthermore, a joint Labour/Management Committee will be formed which will deal with: evaluating the options open to the Company, including justification for the change; its responsibility to the workers and the community; maintenance of earnings and severance pay; the feasibility of decreasing personnel through various methods such as by attrition, transfer to other jobs, retraining, educational guidance and assistance and early retirement. In agreeing to Clause 10.11 Technological Change it is understood that technological changes may be introduced by the Company as it considers desirable, and that employees may elect separation pay. The Company transfer to new jobs, retraining, early retirement, etc., will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is be subject to permanent layoff as the result of technological change, it negotiation. It is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate further understood that separated employees will be red circled eligible for twelve (12) months. If no position is available through bumpingre-employment by the Company, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company but seniority would commence as of the date of termination.
30.04 This Article is intended to assist rehire, except that any employee who has been discharged for cause would not be eligible for rehire. As well, those employees whose jobs are affected by any technological change and accordingly Sections 83change, 84 and 85 such as skilled tradesmen, engineers, etc., may elect separation pay if they wish rather than accept transfer to a job outside of The Manitoba Labour Relations Act do their usual occupation. If an employee elects to take separation pay in lieu of another job with the Company, they would not apply during the term of the collective agreement between the Company and the Unionbe eligible for separation pay again if rehired.
(a) Any full-time The Company will supply adequate manpower on all operations in all departments at all times so that an employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance paywill not be required to perform more than a fair day’s work.
i(b) Severance pay Clause (a) shall not be one (1) week earnings (hourly rateconstrued to mean that the xxxxxxx of all operations is at present exactly adequate or that all employees are presently assigned exactly a fair day’s work, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has and accordingly changes in the bargaining unitxxxxxxx of crews and changes in an employee’s work load may be made so long as the resulting situation is not a violation of clause (a), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their Before selecting employees for training on other jobs, the Company will post the training job abolished shall have the right to bump for a less senior employee in accordance with Article 14 period of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.three
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life 13.1 The provisions of this Agreement the Company decided Article 13 are intended to make assist Employees affected by a technological change as defined by The Labour Relations Actherein defined, which would have to adjust to the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance effects of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason 13.2 An Employee displaced as a result of any a technological change will exercise his seniority rights which are as follows:
(a) An Employee receiving notice of layoff shall exercise his seniority to displace a junior Employee in a classification of an equal or lower rate of pay, or the junior Employee on a job previously held, provided in clause 30.01 above, and provided that such an employee possesses he has the necessary qualifications qualifications;
(b) The displaced Employee may then exercise his seniority rights in the same manner as above unless there are no junior Employees to perform displace or he does not have the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreementnecessary qualifications, in which case he is subject to layoff; and
(c) An Employee receiving the employee's rate notice of layoff and not exercising his rights under (a) and (b) above will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following optionsplaced on layoff.
13.3 In this Section "technological change" means:
(a) the employee may elect introduction by the Company of an innovation in equipment of a different nature or kind than that previously utilized by the company in the operation of the work, undertaking or business: and,
(b) a change in the manner in which the Company carries on the work that is directly related to go the introduction of such innovation in equipment.
13.4 The procedure for dealing with technological change that is likely to affect the terms, conditions and tenure of employment of a significant number of Employees is as follows: the Company will notify the Union of such a technological change at least ninety (90) days prior to the date on layoff status; orwhich such change is to be affected. Such notice shall be in writing and shall state:
(a) the nature of the technological change;
(b) the employee may elect to voluntarily sever their employment completely with date upon which the Company proposes to affect the technological change, and;
(c) the names, seniority date, and accept classifications of the Employees primarily affected.
13.5 If an Employee who has one (1) year or more seniority is laid off for a period exceeding four (4) months as a direct result of a technological change as defined above, he shall be paid severance pay in the amount of a sum equal to forty-two (242) weeks' salary for each year times his applicable straight time hourly rate at the time of completed layoff multiplied by his years of continuous service with the Company as of the date of terminationsuch layoff.
30.04 This Article is intended 13.6 Acceptance of severance pay will be classed as a voluntary resignation with termination of such Employee’s seniority and employment rights.
13.7 Upon request, the Company will furnish to Service Canada the laid-off Employee’s skills inventory record and other applicable information necessary to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Unionthem in relocating such displaced Employee in another job with another employer.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 16.01 Technological change in this article means the life of this Agreement introduction by the Company decided of equipment of a different kind or nature than that previously used by the Company which directly results in the displacement of a significant number of employees.
16.02 The Company agrees to make consult with the Union in order to assist employees whose terms and conditions of employment are affected by any technological change to adjust to the effects thereof.
16.03 Whenever the Company proposes to effect a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will that is likely to result in the layoff termination of employment of fifty (50) or more employees within the bargaining unit, it shall give notice of the technological change to the Union at least one hundred and twenty (120) days prior to the date of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the changetermination. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided notice shall be in clause 30.01 above, writing and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following optionsstate:
(a) the employee may elect to go on layoff status; ornature of the technological change
(b) the employee may elect date upon which the Company proposes to voluntarily sever their employment completely effect the technological change
(c) the approximate number and type of employees likely to be affected by the technological change
(d) the locations where the technological change will have effect. The Company further agrees to meet with the Company and accept severance pay Union at the time such notice is given in the amount of two an endeavour to reach agreement on an alternative to termination.
16.04 Where within twelve (212) weeks' salary for each year of completed service with the Company as months of the date on which the Company effected, in a location, a technological change for which notice is required under Section 16.03, the Company requires a further reduction of terminationthe work force in that location as a result of the ongoing effects of that technological change, the provisions of Sections 16.02 and 16.05 to 16.10 inclusive shall apply to the employees affected.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during 16.05 In the term of the collective agreement between event the Company and the UnionUnion are unable to reach agreement within thirty (30) days of the Union being notified, in accordance with Section 16.03, an affected employee may:
(a) elect to accept termination of service in accordance with Section 16.08 or (b) elect to invoke the layoff provisions of Article 11.
16.06 Whenever the Company proposes to effect a technological change the impact of which is less extensive than that described in Section 16.03, the Company shall consult with the Union to examine alternatives to lay off or termination.
16.07 All employees with six (6) or more months net credited service shall not be subject to lay- off or termination due to technological change, but may elect termination in accordance with the provisions of Section 16.08, as an alternative to being re-assigned or transferred. For employees with less than six (6) months of net credited service, any lay-off or recall resulting from technological change shall be made in accordance with the relevant provisions of Article 11, and termination allowance shall be paid, where applicable, in accordance with the provisions of Section 16.08.
(a) Any full-time Termination allowances in amounts computed in accordance with subsection 16.08(c) shall be paid to employees whose service is terminated by the Company and the termination is directly attributable to a technological change, unless the employee who is permanently laid off because their existing job is abolished shall have retiring on pension where the option Company has been advised, in advance of applying for severance paythe notification of technological change given pursuant to Section 16.03, of his intention to retire on pension.
i(b) Severance pay shall Termination allowances will not be one (1) week earnings (hourly ratepaid to employees who are dismissed for misconduct, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodresign.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee amount of termination allowance paid in accordance with this Article will be computed as follows: - 2 years 2 2 years 3 years 4 3 years 4 years 6 4 years 5 years 8 5 years 6 years 10 6 years 7 years 12 7 years 8 years 14 8 years 9 years 16 9 years 10 years 18 10 years 11 years 21 11 years 12 years 24 12 years 13 years 27 13 years 14 years 30 14 years 15 years 33 15 years 16 years 36 For each subsequent 6 month period: 16 years through 25 years 2 From 25 years 2.5
16.09 If an employee with six (6) months or more net credited service is transferred or re- assigned as a result of this Agreementtechnological change to a position or classification different from the one immediately prior to the transfer and the basic rate of pay for the new position or classification is lower, the employee so transferred will receive a "Transfer Indemnity" paid as a lump sum calculated on the basis of the differential between the rates of pay for a period of twelve (12) months.
(d) Any 16.10 If an employee who received is transferred to another facility within the bargainng unit as the result of technological change and in accordance with the definition of a severance payment pursuant to (b) above transfer contained in Article 22, or subsection 23.01, the provisions of section 22.09 shall forfeit their seniority rights and be considered terminatedapply.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make 11.05.01 Any employee classified as a permanent employee shall be considered displaced by technological change when the employee’s services shall no longer be required as defined by a result of a change in the plant or equipment, a change in a process or method of operation, re-organization or re-structuring, diminishing the total number of employees required to operate the Department in which they are employed. 11.05.02 Permanent employees so affected will be given reasonable advance notice in order that they may take advantage of all available opportunities commensurate with their abilities.
11.05.03 The Labour Relations ActCity agrees that wherever possible, which would no employee shall lose employment because of technological change; however, whenever it is necessary to reduce staff, it will be done in accordance with the layoff procedures outlined in this Agreement.
12.01 Vacant positions required to be filled shall be posted for a minimum period of 7 calendar days, in all departments, branches or sections, having jobs coming within the jurisdiction of the Union. Internal bulletins limiting eligible applicants to the employees in a department, branch or section may be utilized where the circumstances warrant.
12.02 Job postings or internal bulletins shall contain a description of the position functions, the required knowledge, skills and qualifications (education and experience) for the position, hours of work for the position, and the wage rate for the position. The City may include other information on the posting, such as the department(s), section(s), and subsection(s) where the position is assigned. The City may fill additional vacancies that may arise in the same class code, under the same hiring manager, during a current recruitment process on an existing posting after the posting closing date but before the selection decision is made. The City will notify the Union in writing regarding the amended number of positions to be filled.
12.03 Electronic applications are encouraged; however, paper applications shall be accepted and shall be addressed to Human Resources, clearly indicating the appropriate job requisition number and the return address of the applicant. It is the applicant’s responsibility to submit a complete and accurate application. A copy of all postings or internal bulletins shall be sent to the Union.Human Resources shall notify the Union of the selected applicant and the names of all internal employees within the Union’s jurisdiction who were unsuccessful applicants, upon the completion of the selection process.Human Resources shall also notify unsuccessful applicants in writing of the name of the successful applicant. Unsuccessful applicants shall have 10 working days from the effect date of abolishing existing classificationsreceiving such notification to initiate a grievance. The City shall appoint the selected applicant, creating new classificationsand that appointment shall be final, subject to satisfactory completion of the required probationary period, or which will result in the layoff outcome of any full-time employeegrievance filed.
12.04 Vacant positions required to be filled shall be posted without undue delay:🞟 except as provided in clauses 12.05 and 12.06, the Company will give the Union written notice and 🞟 except for positions filled by appointment for a period of up to ninety (90) days in advance consecutive calendar days.
12.04.01 Where the estimated duration of a temporary position exceeds 90 consecutive calendar days, the temporary positions shall be posted. The City and the Union may mutually agree to an extension of the 90 day temporary appointment period. In instances where the duration of the temporary position is uncertain due to illness or injury of the incumbent, such position may be temporarily filled by appointment for a period up to 150 consecutive calendar days. After this period, the temporary position will be posted, unless the City and the Union mutually agree to an extension.
12.04.02 Where a temporary position is posted, the estimated duration of such change, specifying position shall be set out in the nature posting and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedshall not exceed 12 months.
30.02 Where an employee's job is changed 12.05 Appointments may be made by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective mutual agreement between the Company Union and the UnionCity without posting.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) 12.06 The employee who has had their job abolished City shall have the right to bump fill vacancies which result from reversions or terminations of employment during normal probationary periods or trial terms from among the original applicants without posting such vacancies.
12.07 In instances where an employee assumes the functions of another position for a less senior period of 12 consecutive months, or less, even if such position is outside the scope of this Agreement, and the employee is reverted by the City to their former classification within the scope of this Agreement, no posting shall be required to complete the reversion.
12.08 Employees shall be eligible to apply for jobs not coming within the scope of this Agreement and shall receive consideration in accordance with Article 14 their qualifications, experience and seniority. However, nothing in this Agreement shall be deemed to bind the City to appoint an employee to a job which does not come within the scope of this Agreement.
(d) Any employee who received 12.09 The City and the Union recognize that, for some classifications of work, recognizing a severance payment pursuant candidate’s successful relevant experience and/or their ability to (b) above shall forfeit their seniority rights demonstrate skills and be considered terminatedcompetencies in job-related tasks, are effective tools in the selection process.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 17.01 Technological change in this Article shall be defined as in the life of this Agreement Canada Labour Code Part I.
17.02 Whenever the Company decided proposes to make effect a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed shall give notice in writing of the employee shall bump into a lower classification, if available, technological change to the Union in accordance with Article 14 the applicable provisions of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingCanada Labour Code.
17.03 Upon request, the employee will be required to choose one of Company shall supply the following optionsUnion with a statement setting out:
(a) The nature of the employee may elect to go on layoff status; ortechnological change,
(b) the employee may elect to voluntarily sever their employment completely with The date on which the Company and accept severance pay in proposes to effect the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.change,
(c) The employee approximate number and type of Flight Attendants initially likely to be affected by the technological change, and
(d) In general terms, the main operating features of the new equipment and resultant changes in operating procedures.
17.04 The Company further agrees that when Flight Attendant(s) are affected by technological change in accordance with this Article, they will be offered positions outside the scope of this Agreement within the Company. Such positions will be subject to available vacancies occurring within one (1) year from the date that notice was given.
.01 Selection for position vacancies will be subject to the Flight Attendant(s) meeting the qualifications and having the abilities to fill such vacancy (ies). Provided that qualifications and abilities are equal, seniority as per Article 8 of this Agreement shall prevail.
17.05 A Flight Attendant who has had their job abolished fills a vacancy which is under the jurisdiction of another bargaining unit shall have be subject to the right terms and conditions as provided in the individual Collective Agreement. A Flight Attendant who fills a vacancy in a non- bargaining unit position shall be subject to bump a less senior employee the terms and conditions under Company Policy.
17.06 The Company agrees to meaningfully consult with the Union, within thirty (30) days of the filing of the notice specified in Article 17.02, to assist Flight Attendants affected by technological change to adjust to the effects thereof. Such consultation shall be made through the existing process at the Labour Management Committee level.
17.07 If any dispute arises between the Parties in relation to technological change, the matter shall be subject to grievance in accordance with Article 14 of this Agreement20 commencing at Step 3 2.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 13.01 In recognition of the life spirit and intent of this Agreement the Company decided to make a technological change as defined by The Labour Relations Technological Change provisions of the Trade Union Act, which would have the effect of abolishing existing classificationsparties hereto will provide, creating new classifications, or which will result in through the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 format of this Agreement, in which case an orderly procedure to deal with the employee's rate effect of a Technological Change within the meaning of the Trade Union Act. It is further agreed by the parties that if jobs are changed or new jobs are established as a result of a Technological Change within the meaning of the Act, they will be red circled for twelve (12) monthsdealt with under the provisions of Article 10 of this Agreement. If no position Notification of Technological Change
13.02 The Company will advise the Union of an impending Technological Change that will affect 5% or more of the workforce at least 90 days prior to the date on which such change is available through bumping, the employee to become effective. Such notice will be required to choose one of the following optionsin writing. It shall state:
(a) The nature of the employee may elect to go on layoff status; orTechnological Change;
(b) the employee may elect to voluntarily sever their employment completely with The date upon which the Company and accept severance pay in proposes to effect the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83Technological Change, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.and;
(c) The employee names, seniority dates, and classifications of the Employees primarily affected.
13.03 An Employee displaced as a result of Technological Change will be considered on regular layoff. The Employee, as outlined in Article 12, will be able to select layoff or to exercise his or her bumping rights for such positions as the Employee’s seniority and qualifications allow. Eligibility for Severance Pay
13.04 Employees who has had their job abolished shall are in layoff status as a result of Technological Change may be paid Severance Pay. Severance Pay
13.05 Severance Pay will be paid to Employees who are laid off or have selected layoff status because of Technological Change at the right Employee’s election. Severance Pay will be 40 hours’ pay at the Employee’s basic straight time rate at time of layoff due to bump Technological Change for each full year of seniority at the time of such layoff. Severance Pay will be limited to a less senior employee maximum of 480 hours. Voluntary Termination
13.06 Acceptance of Severance Pay will be classed as a voluntary resignation with termination of such Employee’s seniority and employment rights. Relocation Assistance
13.07 The Company will furnish Human Resources Development Canada, the Union, and/or any other concerned agencies all possible information and assistance for those Employees affected by Technological Change to ensure that such Employees obtain full relocation and re-employment benefits and opportunities. Reduced Production
13.08 Reductions in accordance with Article 14 the work force occasioned through production requirements solely are not subject matters of this AgreementArticle and are not subject to Severance Pay.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make 23.01 The parties have agreed that in cases where, as a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the services of an employee shall bump into are no longer required beyond a lower classification, if available, in accordance with Article 14 specified date because of this Agreement, in which case lack of work or the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingdiscontinuance of a function, the employee National Joint Council Work Force Adjustment Agreement concluded by the parties will be required to choose one of apply. In all other cases, the following optionsclauses will apply.
23.02 In this Article Technological Change means:
(a) the employee may elect to go on layoff statusintroduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay a major change in the amount Employer’s operation directly related to the introduction of two (2) weeks' salary for each year of completed service with that equipment or material which will result in significant changes in the Company as employment status or working conditions of the date of terminationemployees.
30.04 This Article is intended to assist employees affected by any 23.03 Both parties recognize the overall advantages of technological change and accordingly Sections 83will, 84 therefore, encourage and 85 promote technological change in the Employer’s operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
23.04 The Manitoba Labour Relations Act do Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not apply during less than one hundred and
23.05 The written notice provided for in clause 23.04 will provide the term of the collective agreement between the Company and the Union.following information:
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option nature and degree of applying for severance pay.change;
i(b) Severance pay shall be one (1) week earnings (hourly rate, the anticipated date or 1/52 of annual salary for employees dates on a yearly salary multiplied by which the number of years of seniority the employee has in the bargaining unit), up Employer plans to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.effect change; and
(c) the location or locations involved. **
23.06 As soon as reasonably practicable after notice is given under clause 23.04, the Employer shall consult meaningfully with the Institute
(a) the approximate number, class and location of employees likely to be affected by the change;
(b) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
23.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of his substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee’s working hours and at no cost to the employee.
24.01 The employee who has had their job abolished shall have Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on the 11th day of March 1969, and as amended on
24.02 The Employer recognizes that it is a proper function and a right of the Institute to bump bargain with a less senior employee view to arriving at a collective agreement and the Employer and the Institute agree to bargain in good faith, in accordance with Article 14 the provisions of this Agreementthe Public Service Staff Relations Act.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 22.01 If during as a result of: • the life Employer introducing new equipment; or • changes in operating methods; or • the closure of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actan office or department, which would have the effect of abolishing existing classifications, creating new classifications, or which will result certain job classifications in the layoff of any full-time employeeaffected area(s) will no longer be required, the Company will give Employer shall notify the Union written notice ninety and affected employees three (903) days months in advance of instituting such changechanges that will cause dislocation, specifying the nature and effects reduction or demotion of the change. The Company existing work force.
22.02 In the event of an office closure or conversion where more than twenty percent (20%) of employees will meet with no longer be required the Employer shall provide notice to the Union to consider the impact of such change upon and affected employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one 22.01.
22.03 By mutual consent of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company Employer and the Union, the above time limit may be adjusted to suit individual circumstances.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have 22.04 Upon notification as above, the option Employer and the Union will commence discussion as to the effect on personnel and application of applying for severance paythis article.
i22.05 During the above-mentioned implementation and transition period, affected employee(s) Severance will maintain their wage level.
22.06 All new job titles and rates of pay within the scope of this Agreement shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee negotiated in accordance with Article 14 13.
22.07 All new positions created as a result of technological change will be posted under the terms of the current Agreement. Any training or retraining required to fill the new positions shall be provided by the Employer at the employee’s regular rate of pay.
22.08 If application of this article requires a reduction in the workforce, such reduction will be carried out under the terms of this Agreement.
(d) Any employee 22.09 Employees who received a severance are laid off and not recalled or who select layoff due to being displaced through exercise of bumping rights shall receive the payment pursuant to (b) above specified in Article 16.06. For the purpose of this calculation, all employees shall forfeit their seniority rights and be considered terminatedto have worked as though they were full-time employees prior to 2001, regardless of current status.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's ’s job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's ’s rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' ’ salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-twenty- six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's ’s cost of benefit coverage during the employee's ’s period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 27.01 The Company and the life Union are concerned about the impact on employees and conditions of this Agreement employment resulting from technological improvements and/or automation. It is essential that these improvements be utilized to the best advantage of the Company decided and employees. Accordingly, the signatory parties agree to make a the following:
a) Definition:
b) Such modification as anticipated above include the following:
1. The introduction, because of technological change as defined by The Labour Relations Actor development, which would have of equipment, material or processes different in nature, type or quantity from that previously utilized;
2. A change, related to introduction of the effect of abolishing existing classificationsabove, creating new classifications, or which will result in the layoff manner in which the Company carries out its production and maintenance objectives and operations.
27.02 When the Company is considering the introduction of any full-time employeetechnological change:
a) The Company agrees to notify the Union as far as is practicable in advance of its intention and to update the information provided as new developments arise and modifications are made.
b) The foregoing notwithstanding, the Company will give shall provide the Union written at least 8 weeks notice ninety (90) days in advance before the introduction of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed with a detailed description of its intent to carry out disclosing all foreseeable effects and repercussions on employees.
c) The notice mentioned above shall be given in writing and shall contain pertinent data including:
1) nature of change;
2) the employee shall bump into a lower classificationdate on which the Company proposes to effect the change;
3) the number, if available, in accordance with Article 14 type and location of this Agreement, in which case employees likely to be affected by the change;
4) the effects the change may be expected to have on employee's rate will be red circled for twelve (12working conditions and terms of employment;
5) months. If no position is available through bumping, all other pertinent data relating to the employee will be required anticipated effects on employees.
28.01 The Company agrees to choose one of the following options:
(a) the employee may elect to go deduct on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in a weekly basis the amount of two not less than one cent (2$0.01) weeks' salary for each year per hour from the wages of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist all employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit)unit for all hours worked and prior to the fifteenth day of the month following, up to a maximum pay the amounts so deducted to the "Humanity Fund" and to forward such payment to the United Steelworkers, National Office, 000 Xxxxxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx, and to advise in writing both the Humanity Fund at the aforementioned address and the Local Union that such payment and the names of twenty-six (26) weeksall employees in the bargaining unit on whose behalf such payment has been made.
ii) In addition28.02 The "Humanity Fund" deductions as aforesaid, will be for the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 fifty weeks following ratification of this Agreement.
28.03 It is understood and agreed that participation by any employee in the bargaining unit in the program of deductions as set forth above, may be discontinued by any employee in the bargaining unit after the receipt by the Company and the Local Union of the employee's written statement of his/her desire to discontinue such deduction from his/her pay which may be received during the four (d4) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminatedweeks following ratification of this Agreement.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If I write to confirm an agreement reached during negotiations for the life renewal of this our Collective Agreement whereby the Company decided agreed to make take certain steps to assist the Union and employees as a result of the introduction of technological change. The parties agreed that technological change shall be defined as defined by The Labour Relations Act, which would have automation as the effect result of abolishing existing classifications, creating new classifications, investment in equipment of such a nature as to adversely affect ten (10) or which will result more of the employees in the layoff bargaining unit through lay-off or demotion from their present job classifications or devaluation of any full-time employee, their job classifi- cations. In the event of a proposed introduction of technological change the Company will give the Union written and employees di- rectly affected by such change at least four (4) weeks notice ninety (90) days in advance of such change, specifying the nature and effects of the change. In order to assist employees to properly adapt to the technological change, the Company agrees, whenever practica- ble, to introduce training programs to be conducted by Com- pany personnel or outside consultants. Such training shall be offered initially to those employees directly affected by the technological change. The parties agree that a trial period may be necessary to assess and observe the practicability of the technological change and that therefore, persons outside of the bargaining unit may be utilized during this period. As the new equipment becomes operational the involved will be re-evaluated without delay and the Company will meet with make any new effective to the Union to consider date the impact of such change upon employees affected.
30.02 Where an employee's job equipment is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff operational. Employees whose jobs are directly modified or eliminated as the result of the introduction of technological changechange shall be guaranteed their current rate of pay in any new job for a period of thirty-two (32) weeks thereafter, it is agreed notwithstanding their de- motion or transfer to a lesser paying job. Such wage retention shall cease to apply whenanemployeesubject to wage retention refuses to accept promotion, recall or transfer to a job classifi- cation higher than that which he holds during the employee shall bump into period of wage retention. In addition to the regular Union-Management meetings which are held on a lower classificationmonthly basis, if available, and in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely line with the Company objective to improve the level and accept severance pay in the amount quality of two (2) weeks' salary for each year of completed service communication with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83work force, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company proposes to meet regularly with the Union Committee at quarterly intervals for the specific purpose of informing and updating the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option Union about Works and departmental plans and objectives relative to additions, changes or modifications to processes, equipment and buildings Yours very truly, Personnel Manager X. Xxxxx, President, United Steelworkers of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rateAmerica, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit)Local Concession Street, up to a maximum of twenty-six (26) weeks.
ii) In additionKingston, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.Ontario Dear Xxxxx:
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life 13.1 The provisions of this Agreement the Company decided Article 13 are intended to make assist employees affected by a technological change as defined by The Labour Relations Actherein defined, which would have to adjust to the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance effects of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason 13.2 An employee displaced as a result of any a technological change will exercise his seniority rights which are as follows:
(a) An employee receiving notice of layoff shall exercise his seniority to displace a junior employee in a classification of an equal or lower rate of pay, or the junior employee on a job previously held, provided in clause 30.01 above, and provided that such an employee possesses he has the necessary qualifications qualifications;
(b) The displaced employee may then exercise his seniority rights in the same manner as above unless there are no junior employees to perform displace or he does not have the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreementnecessary qualifications, in which case he is subject to layoff; and
(c) An employee receiving the employee's rate notice of layoff and not exercising his rights under (a) and (b) above will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following optionsplaced on layoff.
13.3 In this Section "technological change" means:
(a) the employee may elect introduction by the Company of an innovation in equipment of a different nature or kind than that previously utilized by the company in the operation of the work, undertaking or business: and,
(b) a change in the manner in which the Company carries on the work that is directly related to go the introduction of such innovation in equipment.
13.4 The procedure for dealing with technological change that is likely to affect the terms, conditions and tenure of employment of a significant number of employees is as follows: the Company will notify the Union of such a technological change at least ninety (90) days prior to the date on layoff status; orwhich such change is to be affected. Such notice shall be in writing and shall state:
(a) the nature of the technological change;
(b) the employee may elect to voluntarily sever their employment completely with date upon which the Company proposes to affect the technological change, and;
(c) the names, seniority date, and accept classifications of the employees primarily affected.
13.5 If an employee who has one (1) year or more seniority is laid off for a period exceeding four (4) months as a direct result of a technological change as defined above, he shall be paid severance pay in the amount of a sum equal to forty-two (242) weeks' salary for each year times his applicable straight time hourly rate at the time of completed layoff multiplied by his years of continuous service with the Company as of the date of terminationsuch layoff.
30.04 This Article is intended 13.6 Acceptance of severance pay will be classed as a voluntary resignation with termination of such employee’s seniority and employment rights.
13.7 Upon request, the Company will furnish to Canada Manpower the laid-off employee’s skills inventory record and other applicable information necessary to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has them in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior relocating such displaced employee in accordance another job with Article 14 of this Agreementanother employer.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 2601 The Employer and the life of this Agreement the Company decided to make a Association recognize that technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result can offer significant improvements in the layoff quality and quantity of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the changeservices to consumers. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 2602 For purposes of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one technological change means a combination of the following optionsall three of:
(a) the employee may elect to go on layoff statusintroduction of equipment or material into the Employer's operations of a different nature and kind than that previously used in the Employer's operations; orand
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay a change in the amount manner in which work is carried on that is directly related to the introduction of that equipment or material; and
c) is likely to affect the security of employment of regular employees in the bargaining unit. 2603 The Employer agrees that it will endeavor to introduce technological change in a manner which, as much as is practicable, will minimize the disruptive effects on services to the employees and consumers. 2604 Where the Employer intends to introduce technological change, the following procedure will be followed:
a) the Employer will provide the Association with 90 calendar days’ notice prior to the date the change is to be effective;
b) during this period, the parties will meet to discuss the steps to be taken to assist the employees who could be affected;
c) where retraining is to be provided, it shall be provided during the employees’ normal working hours where possible; and
d) at the request of either party, a Technological Change Implementation Committee will be established. The Committee will consist of two (2) weeks' salary for each year of completed service with worker representatives selected by the Company as Association and two (2) management representatives. The role of the Committee will be to facilitate the implementation of the technological change in a manner consistent with this Article. 2605 The notice mentioned in Article 2604 shall include the following:
a) The nature of the change;
b) The date on which the Employer proposes to effect the change;
c) The approximate number, classification(s) and location of termination.employees likely to be affected by the change; and
30.04 This d) The effects the change may be expected to have on the employee(s)' working conditions and terms of employment. 2606 The provisions of this Article is are intended to assist employees affected by any technological change and accordingly Sections sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If Definition: Any change in technology, method or procedure during the life period of this Agreement the collective agreement which decreases the number of employees that existed when the current contract was negotiated with the Union e.g. change in computer operation, except for normal layoff, such as a result of a decline in the volume of business. The Company has the right to introduce technological changes. Prior to so introducing, the Company decided to make a technological change as defined by shall advise the Unifor Local 2000. The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written three months' notice ninety (90) days in advance of such change, specifying the nature any contemplated technological change and effects of the change. The Company will meet with the Union beginning no more than ten days after such notice to consider discuss with their representatives the impact time, procedure and training necessary for the introduction of such change upon employees affected.
30.02 Where an employee's job is changed by reason of the contemplated change. If the Union foresees any technological change jurisdictional problems which may arise as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of said technological change, it is agreed that the employee shall bump into a lower classification, if available, in accordance with Article 14 date of this Agreement, in which case the employee's rate introduction will be red circled for twelve delayed a further three (123) months. If no any reduction in the number of employees is contemplated as a result of technological change, the Company will afford the employee(s) the opportunity for training as laid out in Section 30 to enable them to transfer to any existing or new positions, which become available. An employee who has lost their employment with the Company through a technological change shall have the right of recall for a maximum period of nine months. Said employee shall have first refusal for any job that becomes available within the bargaining unit within the nine-month period. The employer shall make available to said employee(s) sufficient training to enable them to fulfill the job function. If the new position is available through bumpingin other than the employee's previous department, the employee will be required start at that department's entry- level wage scale (apprenticeship program for production department). In the event of loss of employment due to choose one of technological change the following options:
(a) payment made to the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary and one-half week's pay for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to each six months employment with a maximum of twenty-six (26) weeks.
ii) In addition, 35 weeks pay. This payment would be in lieu of the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 severance pay provisions of this Agreement. In the event of a displacement, the severance pay provisions of this Collective Agreement shall apply. (Sec. 29).
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 8.1 For the life purposes of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actagreement, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of "technological change, it is agreed the employee " shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following optionsmean:
(a) the employee may elect introduction by the employer into the employer's work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the employer in the operation of the work, undertaking or business;
(b) a change in the manner in which the employer carries on the work, undertaking or business that is directly related to go on layoff statusthe introduction of that equipment or material; or
(c) the removal or relocation outside of the appropriate unit by an employer of any part of the employer’s work, undertaking or business.
8.2 When the employer proposes to effect a technological change that is likely to affect the terms, conditions or tenure of employment of a significant number of employees the employer shall give notice of the technological change to the union and to the Minister at least ninety (90) days prior to the date on which the technological change is to be effected.
8.3 The notice mentioned in article 8.2 shall be in writing and shall state:
(a) the nature of the technological change;
(b) the employee date upon which the employer proposes to effect the technological change;
(c) the number and type of employees likely to be affected by the technological change;
(d) the effect that the technological change is likely to have on the terms and conditions or tenure of employment of the employees affected; and
(e) such other information as the Minister may elect by regulation require.
8.4 The Minister may by regulation specify the number of employees or the method of determining the number of employees that shall be deemed to voluntarily sever their employment completely be "significant" for the purpose of article 8.2.
8.5 Where the union alleges that an employer has failed to comply with article 8.2, and the allegation is made not later than thirty (30) days after the union knew, or in the opinion of the Labour Relations Board ought to have known, of the failure of the employer to comply with article 8.2, the Labour Relations Board may, after affording an opportunity to the parties to be heard, by order:
(a) direct the employer not to proceed with the Company technological change for such period not exceeding ninety (90) days as the Board considers appropriate;
(b) require the reinstatement of any employee displaced by the employer as a result of the technological change; and
(c) where an employee is reinstated pursuant to clause (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of the employee's displacement.
8.6 Where the union makes an allegation pursuant to article 8.5, the Labour Relations Board may, after consultation with the employer and accept severance pay the union, make such interim orders under article 8.5 as the Labour Relations Board considers appropriate.
8.7 An order of the Labour Relations Board made under clause (a) of article 8.5 is deemed to be a notice of technological change given pursuant to article 8.2.
8.8 Where the union receives notice of a technological change given, or deemed to have been given, by an employer pursuant to article 8.2, the union may, within thirty days from the date on which the union received the notice, serve notice on the employer in writing to commence collective bargaining for the purpose of revising the existing provisions of the collective agreement that relate to terms and conditions or tenure of employment, or for including new provisions in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended collective agreement relating to such matters, to assist the employees affected by any the technological change to adjust to the effect thereof.
8.9 The Labour Relations Board may, upon application by an employer, make an order relieving the employer from complying with the requirement of the notice served under article 8.8 or denying the union the right under article 8.8 to serve on the employer a notice to commence collective bargaining where the Labour Relations Board is satisfied that:
(a) the employer has given to the union a notice in writing in accordance with article 8.2;
(i) prior to the day on which the employer and accordingly Sections 83, 84 and 85 the union entered into the collective agreement by which they are bound; or
(ii) not later than the first date on which either party to a collective agreement could give notice in writing to terminate or negotiate a revision of the agreement under subsection 33(4) of The Manitoba Labour Relations Act do not apply Trade Union Act;
(b) the collective agreement between the employer and the union contains provisions specifying procedures by which any matters that relate to terms and conditions or tenure of employment likely to be affected by a technological change may be negotiated and finally settled during the term of the agreement.
8.10 Where the union has served notice to commence collective agreement between bargaining under article 8.8, the Company and employer shall not effect the Union.technological change in respect of which the notice has been served unless:
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option Labour Relations Board has made an order under article 8.9 relieving the employer from the requirement of applying for severance pay.bargaining collectively with the union;
i(b) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 an agreement has been reached as a result of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.collective bargaining; or
(c) the parties have bargained collectively but have failed to enter into or revise the collective bargaining agreement and the Minister has been served with notice in writing informing said Minister of such failure, as per The Trade Union Act.
8.11 Where the parties do not reach agreement within sixty (60) days after the date on which the union has received notification from the campus of its intention of introduction of a change, the matter may be referred to an expedited arbitration process for purposes of a decision. Within seven (7) days a decision shall be rendered. Technological change shall not be introduced by SIAST until such decision is rendered. Such a decision will be final and binding on both parties.
8.12 Where new skills are required by the affected employees, said employees shall, at the expense of SIAST, be given a reasonable period of time, without reduction of hours or rates of pay and corresponding adjustments to workloads during which time they may acquire the necessary skills required by such technological change. Where such employee successfully completes training or upgrading or instruction SIAST shall provide Prior Learning Assessment and/or certification to validate the acquired skills at no cost to the employee.
8.13 An employee who has had is displaced from their job abolished as a result of technological change under this article, shall have the right to bump a less senior employee in accordance with Article 14 of this Agreementarticle 7.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to The Employer may make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result adjustments in the layoff number and assignment of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon its employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed changes and make any such changes which are necessary to maintain efficient operations and optimal service to the employee shall bump into a lower classification, if available, in accordance with Article 14 public. In recognition of this Agreement, in which case the employee's rate will impact that any such major changes may have upon employees and the concern of the parties regarding employees who may be red circled for twelve (12) months. If no position is available through bumpingaffected, the employee following will be required to choose one of the following optionsapply:
(a) The Employer undertakes to advise the employee may elect Union three (3) months in advance of any such changes which the Employer has decided to go on layoff status; orintroduce which will result in substantial and immediate changes in the employment status of employees.
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay The notice mentioned in the amount of two preceding clause shall be given in writing and shall contain pertinent data including:
(2i) weeks' salary for each year of completed service with the Company as nature of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.change;
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In additionthe approximate date on which the Employer proposes to effect the change;
(iii) the approximate number, type and location of employees likely to be affected;
(iv) the employee shall receive a lump sum benefit payment equivalent effects the change may be expected to have on the Company's cost employees’ working conditions and terms of benefit coverage during the employee's periodemployment.
(c) The Employer agrees to discuss with the Union the effect of such changes on the employment status of such employees and to consider practical ways and means of minimizing the adverse effect on employees displaced by such changes. Such measures, as early retirement, severance, retraining and transfers to other existing jobs will be considered.
30.02 In the event the Employer should introduce significant technological changes requiring new or greater skills than are possessed by present employees, such employees shall, at the expense of the Employer, be given a period of time not to exceed six (6) months to perfect or acquire the skills required by the new method of operations. To be eligible for the foregoing an employee shall be an employee who has had their job abolished completed one (1) year of seniority or more. There shall have be no reduction in salary rates or wages during the right six (6) month period and no reduction of pay upon completion of the six (6) month period. Upon completion of the six (6) month period if the employee has not been able to bump a less senior employee acquire the skills necessitated by the change he may exercise his seniority in accordance with Article 14 the terms of this the Collective Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 5:01 Technological change shall mean the life introduction by an Employer into his work, undertaking or business of this Agreement equipment or material of a different nature or kind than that previously used by him in the Company decided operation of the work, undertaking or business, and a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to make the introduction of that equipment or material.
(a) The Employer shall notify the Union at least one hundred and twenty (120) days before the introduction of any technological change, with a detailed description of the project it intends to carry out, disclosing all foreseeable effects and repercussions on employees.
(b) Negotiations on the effects of the technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice take place not later than ninety (90) days in advance prior to the intended date of such changeimplementation.
(c) If the Union and the Employer fail to agree upon measures to protect the employees from any adverse effects, specifying the nature and effects matter may be referred by either party to arbitration as provided for under the terms of this Agreement.
5:02 An employee who is displaced from her job as a result of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveshall be given an opportunity to fill any vacancy for which she has seniority and for which she has the qualifications and ability to perform. If there is no vacancy, and provided that such an employee possesses she shall have the necessary qualifications right to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availabledisplace employees with less seniority, in accordance with Article 14 of layoff procedures specified in this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished Where new or greater skills are required than are already possessed by affected employees under the present methods of operation as a result of the technological change, the Employer agrees that employees shall have be trained on the new equipment or new methods of operation, and said training shall be provided and paid for by the Employer during normal working hours if possible. In addition, at the option of applying the Employer, the employee may be trained in a new area in respect of which there is a demand within the facility for severance individuals possessing such skills. A reasonable training period (not to exceed twelve [12] months) will be provided by the Employer. During the above training periods the employees shall be paid at their current rate of pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above The Employer agrees that where two (2) or more employees require training in (a) above, first consideration shall forfeit their seniority rights and be considered terminatedgiven to the employee with the most seniority.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 16:01 The Employer shall notify the life of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give Shop Xxxxxxx and the Union written notice ninety not less than six (906) days months where five (5) or more employees are involved or three (3) months where one (1) to four (4) employees are involved in advance of such changeintent to institute changes in working methods or facilities which would involve the discharge or laying off of employees.
16:02 An employee who is set back to a lower paid job because of mechanization, specifying technological change or automation will receive the nature and effects rate of his regular job at the time of the changeset-back for a period of three months and, for a further period of three months, he will be paid an adjusted rate which will be midway between the rate of his regular job at the time of the set-back and the rate of his new regular job will apply. The Company However, such employee will meet with have the Union option of terminating his employment and accepting severance pay as outlined in 19:03 below, providing that he exercises his option within the above referred to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training six-month period.
30.03 If an employee is subject 16:03 Employees discharged or laid off because of mechanization, technological change or automation shall be entitled to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary one week's pay for each year of completed service with the Company as Employer. The amount calculated under such entitlement shall not exceed a maximum of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
thirty (a30) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance week's pay.
i) Severance pay shall be one (1) week earnings (hourly rate16:04 In the event the Employer removes operating machinery from the Employer's premises and operates it elsewhere, resulting in the elimination of an employee's job, such employee will exercise his discretion to transfer into an equal or 1/52 of annual salary for employees on a yearly salary multiplied by lower classification providing he has the number of years of seniority ability to perform such work that is available, but he will not receive any lower rate than Production III. If no such transfers are available to the employee has in then he will be entitled to severance pay of one week for each year of service with the bargaining unitEmployer.(see Letter of Understanding #14), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If The parties recognize that automated equipment and technology is now available for the retail food industry. The Company recognizes that there is a desire to protect and preserve work opportunities. At the same time, the Union recognizes that the Company has a right to avail itself of modern technology. With this common objective, the parties agree as follows: In the event the Company introduces major technological changes which would have direct material impact affecting bargaining unit work, thirty (30) days advance notice of such change will be given to the Union. With regard to any technological changes implemented by the Company during the life of this Agreement Agreement, the parties agree to meet and to bargain over the effects of such a decision upon employees. Both parties are obligated to bargain in good faith in an effort to reach an agreement on the effects of the Company’s decision upon the employees. In addition, the Company decided agrees:
A. Any retraining necessary will be furnished by the Company at no expense to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employeeemployees.
B. Where retraining is not applicable, the Company will give make every effort to effect a reassignment to another job or transfer to another store. Should the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union employee not be retrained or reassigned to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveanother job, and provided that is reduced in hours or laid off, such an employee possesses employees shall be able to exercise the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, employee’s seniority in accordance with Article 14 9.
C. In the event an employee is not retrained, reassigned to another job, or does not exercise seniority, and is permanently displaced as a direct result of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingmajor technological changes above, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept eligible for severance pay in accordance with the amount of following provisions:
1. All employees, excluding Courtesy Clerks, with two (2) weeks' salary or more years of continuous service will be eligible for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings severance pay for each year of continuous service. Maximum severance pay of eight (hourly rate, or 1/52 of annual salary for employees 8) weeks pay to be paid on a yearly salary multiplied weekly basis. Weekly severance pay shall be determined by the average number of years of seniority hours worked for the four (4) weeks preceding displacement, not to exceed forty (40) hours straight time pay.
2. An employee has shall be disqualified for severance pay in the bargaining unit), up to a maximum of twenty-six (26event the employee:
a) weeksRefuses retraining.
iib) In addition, the employee shall receive Refuses a lump sum benefit payment equivalent to the Company's cost transfer within a radius of benefit coverage during the employee's periodthirty (30) miles.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this AgreementVoluntarily terminates employment.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 23.1 The Company and the life Union hereby specifically waive the provisions of this Agreement Section 83 – 86 of the Company decided to make a technological change as defined by The Labour Relations Act, which would .
23.2 Eligible employees in this Article mean full time employees who have the effect of abolishing existing classifications, creating new classifications, or which will result completed their probationary period and have seniority rights.
23.3 Technological change means a change in the layoff of any full-time employee, manner in which the Company will give carries on its work or business that is directly related to the Union written notice ninety (90) days in advance introduction of such changeor removal of equipment, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedmaterial or process.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 23.4 The provisions of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is are intended to assist employees affected by any technological change to adjust to its effects.
23.5 If the Company decides to effect a technological change that is likely to affect the terms and accordingly Sections 83conditions, 84 and 85 or the security of The Manitoba Labour Relations Act do not apply during employment of a significant number of employees in a crew or unit covered by the term Agreement or to alter significantly the basis upon which this Collective Agreement was negotiated it shall give the Union at least three (3) months notice of the collective agreement between change stating:
a. The nature thereof;
b. The date on which it is estimated it will become effective;
c. The approximate number and classification of employees to be affected; and
d. The effect that the change is to have on the terms and conditions of employment.
23.6 Upon receipt of the notice referred to in Article 23.5, the Union will meet with the Company within fifteen (15) days to establish an ad hoc committee for the purpose of preparing recommendations to facilitate the retraining of employees who will be assigned to new duties.
23.7 The ad hoc committee will be composed of two (2) Company representatives and two (2) representatives of the Union and a Chairman mutually agreed upon by the Company and the Union. The Company agrees to allow access to all pertinent employee files for the purpose of relocating those whose services may be terminated with the consent of the individual where required by law.
(a) Any full-time 23.8 An eligible employee who for whom work is permanently laid off because not available at their existing job is abolished base rate of pay and their new position does not entitle them to more than their base rate of pay, shall have be paid for hours worked at their old base rate of pay until the option new position catches up. This process will be referred to as continuance of applying for severance payearnings benefits.
i) Severance 23.9 To be paid under Article 23.8, an employee must accept the position with the highest base rate of pay shall be one (1) week earnings (hourly rate, or 1/52 to which he is entitled and qualified to receive under the terms of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage Agreement during the employee's period.
(c) The employee who has had their job abolished shall have period set forth in Article 23.8 and continue to accept assignment to any position with a higher base rate of pay during the right to bump a less senior employee period set forth in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.Article
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 16.01 Technological change in this article means the life of this Agreement introduction by the Company decided of equipment of a different kind or nature than that previously used by the Company which directly results in the displacement of a significant number of employees.
16.02 The Company agrees to make consult with the Union in order to assist employees whose terms and conditions of employment are affected by any technological change to adjust to the effects thereof.
16.03 Whenever the Company proposes to effect a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will that is likely to result in the layoff termination of any full-time employeeemployment of fifty (50) or more employees within the bargaining unit, it shall give notice of the technological change to the Union at least one hundred and twenty
(a) the nature of the technological change;
(b) the date upon which the Company proposes to effect the technological change;
(c) the approximate number and type of employees likely to be affected by the technological change;
(d) the locations where the technological change will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the changehave effect. The Company will further agrees to meet with the Union at the time such notice is given in an endeavour to consider the impact of such change upon employees affectedreach agreement on an alternative to termination.
30.02 16.04 Where an employee's job is changed by reason within twelve (12) months of any technological change as provided the date on which the Company effected, in clause 30.01 above, a location,
16.05 In the event the Company and provided that such an employee possesses the necessary qualifications Union are unable to perform reach agreement within thirty (30) days of the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if availableUnion being notified, in accordance with Article 14 of this AgreementSection 16.03, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the an affected employee will be required to choose one of the following optionsmay:
(a) the employee may elect to go on layoff statusaccept termination of service in accordance with Section 16.08; or
(b) elect to invoke the employee layoff provisions of Article 11.
16.06 Whenever the Company proposes to effect a technological change the impact of which is less extensive than that described in Section 16.03, the Company shall consult with the
16.07 All employees with six (6) or more months of net credited service shall not be subject to lay- off or termination due to technological change, but may elect to voluntarily sever their employment completely termination in accordance with the Company and accept severance pay provisions of Section 16.08, as an alternative to being re-assigned or transferred. For employees with less than six (6) months of net credited service, any lay-off or recall resulting from technological change shall be made in the amount of two (2) weeks' salary for each year of completed service accordance with the Company as relevant provisions of Article 11, and termination allowance shall be paid, where applicable, in accordance with the date provisions of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the UnionSection 16.08.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
iTermination allowances in amounts computed in accordance with subsection 16.08(c) Severance pay shall be one paid to employees whose service is terminated by the Company and the termination is directly
(1b) week earnings (hourly rateTermination allowances will not be paid to employees who are dismissed for misconduct, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodresign.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee amount of termination allowance paid in accordance with this Article will be computed as follows: 6 years 7 years 12 7 years 8 years 14 8 years 9 years 16 9 years 10 years 18 10 years 11 years 21 11 years 12 years 24 12 years 13 years 27 13 years 14 years 30 14 years 15 years 33 15 years 16 years 36 For each subsequent 6 month period: 16 years through 25 years 2 From 25 years 2.5
16.09 If an employee with six (6) months or more net credited service is transferred or re- assigned as a result of this Agreementtechnological change to a position or classification different from the one immediately prior to the transfer and the basic rate of pay for the new position or classification is lower, the employee so
16.10 If an employee is transferred to another facility within the bargainng unit as the result of technological change and in accordance with the definition of a transfer contained in Article 22, or subsection 23.01, the provisions of section 22.09 shall apply.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make a Where technological change as defined by The Labour Relations Act, which would have is likely to affect the effect terms and conditions or security of abolishing existing classifications, creating new classifications, or which will result in the layoff employment of any full-time employeea significant number of employees, the Company will give Employer shall: Notice Give as much notice as possible to the Union written notice before implementing the change, stating the nature of the change, the employees affected and the effective date, and discuss the proposed change with the Union in an effort to minimize any potential negative impact on bargaining unit members. Opportunity to Acquire Skills In the event that the Employer should introduce new methods of technology which require new or greater skills than are possessed by employees under the present methods of operation, such employees shall, at the expense of the Employer, be given a maximum period not to exceed ninety (90) days days, during which they may perfect or acquire the skills necessitatedby the new methods of operation. There shall be no change in advance of such change, specifying wage or salary rates during the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason training period of any technological change as provided such employee and no reduction in clause 30.01 above, pay upon being reclassified in the new position. Alternative to Retraining An employee who cannot be successfully retrained under Article shall be entitled to notice of lay-off-and provided that such an employee possesses the necessary qualifications right to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 the other provisions of this Agreement, . Adjustment Plan Section of the Labour Relations Code shall apply. Plural or Feminine Terms May Apply Whenever the singular or masculine are used in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingthis Agreement, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay same shall be one (1) week earnings (hourly ratedeemed to include the plural or the feminine where the context so requires. Bulletin Boards The Employer shall provide bulletin boards which shall be placed so that all employees will have access to them, or 1/52 of annual salary for employees on a yearly salary multiplied by and upon which the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished Union shall have the right to bump post notices of meetings and such other notices as may be of interest to the employees. Injured Employees An employee who is injured during working hours, and is required to leave for treatment or is sent home for such injury, shall receive payment for the remainder of the shift at his regular rate of pay, provided that a less senior duly qualified medical practitioner or nurse states that the employee is unfit for further work n that shift. Time Limits Whenever time limits are set out in accordance with Article 14 this Agreement, same may be amended by mutual agreement of the Parties in writing. Legislation Clause Should any article of this AgreementAgreement be affected in any manner whatsoever by legislative action, then the parties agree negotiate a settlement as shall be mutually agreeable to both parties. Tool Allowance Regular Employees permanently holdingthe position of Xxxxxxxxx and Mechanic shall be paid a tool allowance of annually before December in recognition that such employees are required to provide their own tools. Damage to Tools Tools which are the property of a Mechanic or Xxxxxxxxx and which are lost, broken or damaged while in use by other employees on the Employer’s business shall be replaced by the Employer.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. Advance Notice
30.01 If during When the life of this Agreement the Company decided to make a Employer has determined that technological change as defined by The Labour Relations Actchange, which would have the effect of abolishing existing classificationswill eliminate or significantly change a job, creating new classifications, or which will result in the layoff of any full-time employeebe introduced, the Company Union will give be provided not less than two (2) months’ advance notice and will be given the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedopportunity for discussion.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses During the necessary qualifications to perform the changed job after a reasonable training advance notice period, as described in Article 30.01, employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological changeare qualified, it is agreed with the employee shall bump into with the greatest employment seniority having first priority rights. Should the posted vacancy be at a level lower classification, if available, in accordance with Article 14 of this Agreement, in which case than the employee's rate will be red circled for twelve (12) months. If no position is available through bumping’s technologically-impacted position, the employee will be required to choose one retain her/his current rate of the following options:
(a) pay and current wage range. In addition, the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely will receive future general increases and step increases in accordance with the Company Collective Agreement.
30.03 Should a job be eliminated due to technological change and a new job created, the Employer will provide the affected employees, on an employment seniority basis, up to six (6) months’ training. Additional training may, subsequent to consultation with at the Labour/Management Committee, be provided. Should there be an insufficient number of newly created jobs, or should no new jobs be created, or should the affected employees choose not to accept severance the training, then the employees will have the option of being returned to their respective irnmediate previous positions, or being placed in other positions by the Employer. The Employer will provide up to six (6) months’ training. Such employees will retain the current rate of pay and current wage range. In addition, these employees will receive future general increases and step increases in the amount of two (2) weeks' salary for each year of completed service accordance with the Company as of Collective Agreement. Following training, the date of terminationProbation Article shall apply.
30.04 This Article is intended Should a job be significantly changed due to assist employees affected by any technological change, the Employer will provide the incumbents up to six (6) months’ retraining. Additional training may, subsequent to consultation at the Labour/Management Committee, be provided. Should this technological change and accordingly Sections 83reduce the number of incumbents previously required, 84 and 85 of The Manitoba Labour Relations Act do not apply during then the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished employees on a least employment seniority basis shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, being returned to their respective immediate previous positions or 1/52 of annual salary for employees on a yearly salary multiplied being placed in other positions by the number of years of seniority the employee has in the bargaining unit), Employer. The Employer will provide up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.six
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 17.01 Technological change in this Article shall be defined as in the life of this Agreement Canada Labour Code Part I.
17.02 Whenever the Company decided proposes to make effect a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed shall give notice in writing of the employee shall bump into a lower classification, if available, technological change to the Union in accordance with Article 14 the applicable provisions of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingCanada Labour Code.
17.03 Upon request, the employee will be required to choose one of Company shall supply the following optionsUnion with a statement setting out:
(a) The nature of the employee may elect to go on layoff status; ortechnological change,
(b) the employee may elect to voluntarily sever their employment completely with The date on which the Company and accept severance pay in proposes to effect the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.change,
(c) The employee approximate number and type of Flight Attendants initially likely to be affected by the technological change, and
(d) In general terms, the main operating features of the new equipment and resultant changes in operating procedures.
17.04 The Company further agrees that when Flight Attendant(s) are affected by technological change in accordance with this Article, they will be offered positions outside the scope of this Agreement within the Company. Such positions will be subject to available vacancies occurring within one (1) year from the date that notice was given.
.01 Selection for position vacancies will be subject to the Flight Attendant(s) meeting the qualifications and having the abilities to fill such vacancy(ies). Provided that qualifications and abilities are equal, seniority as per Article 8 of this Agreement shall prevail.
17.05 A Flight Attendant who has had their job abolished fills a vacancy which is under the jurisdiction of another bargaining unit shall have be subject to the right terms and conditions as provided in the individual Collective Agreement. A Flight Attendant who fills a vacancy in a non- bargaining unit position shall be subject to bump a less senior employee the terms and conditions under Company Policy.
17.06 The Company agrees to meaningfully consult with the Union, within thirty (30) days of the filing of the notice specified in Article 17.02, to assist Flight Attendants affected by technological change to adjust to the effects thereof. Such consultation shall be made through the existing process at the Labour Management Committee level.
17.07 If any dispute arises between the Parties in relation to technological change, the matter shall be subject to grievance in accordance with Article 14 of this Agreement20 commencing at Step 3.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written notice (a) At least ninety (90) days in advance prior to the introduction or implementation of such substantial technological change, specifying or substantial changes in mechanization affecting the employment status of Fire Fighters, the Corporation shall, by written notice, furnish the Association with the full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and effects degree of change the date or dates on which the Corporation plans to effect the change. The Company will meet with ; the Union to consider the impact of such change upon employees affectedlocation or locations involved.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) Within fifteen (15) days after the employee may elect foregoing notice has been given, the Corporation shall make disclosure to voluntarily sever their employment completely with the Company and accept severance pay Association of the effects of the change or changes on any Fire Fighter then in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationCorporation's employ.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
16.01 (c) The employee who has had their job abolished – Following the said disclosure, representatives of the parties shall have meet forthwith for the right purpose of negotiating with a view to bump a less senior employee resolving any issue which may concern the employment status of any Fire Fighter then in accordance with Article 14 of this Agreementthe Corporation's employ.
16.01 (d) Any employee who received – If, within fifteen (15) days after disclosure by the Corporation to the Association of the effects of the change or changes on any Fire Fighter, agreement has not been reached on the issue of the employment status of any Fire Fighter affected, (other than a severance payment pursuant probationary Fire Fighter) either party may submit that outstanding issue to a board of arbitration which shall be constituted in the manner provided for by Section 53 of The Fire Protection & Prevention Act, S.O. 1997 c.4, as amended. The time limits provided in Section 53 shall apply. The Board of Arbitration shall have full remedial powers to deal with any unresolved issue concerning the employment status of any affected Fire Fighter other than a probationary Fire Fighter.
16.01 (be) above – No change shall forfeit their seniority rights and be considered terminatedmade in the employment status of any affected Fire Fighter then in the Corporation's employ (other than a probationary Fire Fighter) 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.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of Employer decides to abolish a position covered by this Agreement as a result of the Company decided introduction of major innovative change in equipment or technology used by it in its operations, the Employer shall give the Guild at least four months’ notice. During this period, the parties shall meet to make a technological change as defined by The Labour Relations Act, which would have discuss ways and means of reducing the effect impact of abolishing existing classifications, creating new classifications, or which will result in the layoff of any such change. No full-time employee, employee who has five or more years of seniority shall be laid off as a result of the Company will give introduction of such change for a period of time equivalent to one-half his length of continuous service at the Union written notice ninety (90) days in advance time of the --- introduction of the change unless he has declined to accept an offer of alternative employment at a salary equal to or greater than his basic salary. If a full-time employee is laid off as a result of the introduction of such change, specifying the nature and effects of the change. The Company will meet with the Union he shall be entitled to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' one week’s basic salary for each year completed six months of completed continuous service or major fraction thereof with the Company as a minimum of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), three weeks up to a maximum of twentyfifty-six (26) two weeks.
ii) In addition. Such pay shall be paid on the same basis as set out in Article of this Agreement. A full-time employee with more than five years of seniority may, in the employee shall receive a lump sum benefit payment equivalent event of the introduction of such change, elect to the Company's cost be laid off in place of benefit coverage during the employee's period.
(c) The an employee who has had their job abolished shall have less seniority than him. In that case, the right to bump a less senior employee in accordance with Article 14 maximum amount of pay payable under Section of this Agreement.
(d) Article shall be fifty-two weeks. No severance pay shall be payable if abolition of a position can be accomplished through resignation, retirement, permanent disability or death of a regular member of the staff. It is the established policy of the Employer to grant discretionary increases in the basic salaries of employees based upon individual merit and performance. Accordingly, the basic salaries set out in Schedule “A” attached to this Agreement are minimum basic salaries. It is agreed that the Employer may continue its policy of granting discretionary increases. Increases for any employee receiving a total salary greater than the highest basic salary for classification. An employee on December is receiving merit pay so that his total salary is above the highest basic salary for his classification will, effective January receive an increase in his total salary of an amount not less than the dollar difference between the highest basic salary and the new basic salary effective January for that classification. When a full time employee is permanently promoted to a higher classification, previous time worked in that classification as a result of temporary promotions for one week or more shall be credited to the employee for the purpose of calculating basic salary. If a new job classification is established by The Employer, or the Employer enters a new field of which entails creation of jobs within the bargaining unit, it shall promptly notify The Guild of same and the rate of pay and the name of any individual hired to fill the job. If the rate of pay . is not agreed to by The Guild, it may meet with The Employer within twenty-one days of such notification and to negotiate a mutually satisfactory rate. Any change agreed to shall be retroactive to the date the employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.began work in the new classification or job. Jan. Jan. Flat Flat
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 22:01 Technological change shall be introduced after the Union and the Employer have consulted to protect employees from any adverse effects. If during there is failure to agree, the life matter shall be subject to the grievance and arbitration procedure.
22:02 Training - all employees shall, at the expense of this Agreement the Company decided to make a technological change as defined by The Labour Relations ActEmployer, which would have the effect of abolishing existing classifications, creating new classifications, or which will result be given job-related training in the layoff use of any full-time employeenew equipment, the Company will give the Union written notice ninety (90) days in advance of such change, specifying the nature computer programs and effects of the change. The Company will meet with the Union upgrades to consider the impact of such change upon employees affectedexisting programs.
30.02 Where an employee's job is changed by reason 22:03 The Employer agrees to pay premiums for all eligible employees and their dependents to cover vision/eye exams at six (6) month intervals to a maximum of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training periodeighty-five dollars ($85.00) per visit.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee 22:04 VDTs shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for tested at regular intervals; however such tests shall not be at more than twelve (12) monthsmonth intervals. If no position Testing shall include tests for dangerous emissions (including ionizing and non-ionizing radiation) by a qualified person approved by the Centre and the Union. The Employer accepts responsibility to maintain VDTs in a safe condition and in good working order. Testing shall be done in the presence of a union member designated by the Union.
22:05 Where an employee is available through bumping, the employee will be required to choose one work continuously at a VDT, there shall be an obligatory ten (10) minute machine break after every fifty (50) minutes of the following optionswork, during which break employees shall perform other duties. The breaks allowed for employees working on VDTs shall be in addition to those rest periods allowed for both morning and afternoon breaks.
22:06 All VDTs shall be equipped with non-reflective screens to minimize glare, protective shielding such as volt-free screens and terminal coverings, and brightness controls; and shall have a refresh rate of no less than 60 Hertz (60 times per second) for a low to medium persistence phosphor. Operators shall not remove protective devices which have been provided and properly installed and maintained on equipment.
22:07 All equipment for use with VDTs:
(a) Should have a fully adjustable machine stand, a detachable keyboard with controls over the employee may elect to go on layoff status; orheight and the angle of the screen.
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two Shall have a fully adjustable ergonomically designed chair (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83height, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rateswivel, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unitback support), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished Employer shall have keep affected employees and the right Joint Health and Safety Committee informed of proposed changes in workstations and equipment with a view to bump ensuring that the affected employees are provided with furnishings and equipment that will establish or retain a less senior employee in accordance with Article 14 of this Agreementhealthy and safe work environment.
(d) Any employee who received A separate keyboard, monitor and port replicator or docking station shall be provided for office use of laptop computers, provided it fits with existing office furniture.
(e) The Employer shall provide for an ergonomic assessment of all workstations by an appropriately qualified person. Such assessment and any recommendations shall be completed during the term of this Collective Agreement.
22:08 A ventilation system shall be installed in photocopying areas, as well as training rooms, to ensure that hot air and fumes from the equipment are satisfactorily vented out of the building.
22:09 The Employer agrees that it will not use its video security system for the purpose of monitoring the work performance of its employees, nor as a severance payment pursuant basis of discipline relative to (b) above shall forfeit their seniority rights and be considered terminatedperformance.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If 29.01 In the event that, during the life of this Agreement collective agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the indefinite layoff of any full-time employeeten (10) or more regular employees, the Company following shall apply:
29.02 The company will give the Union written notice ninety of such technological change at least sixty (9060) days in advance before the date on which the technological change is to be effected. After giving notice, the Company shall identify by job classification, the number of such change, specifying jobs to be displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the change. paragraph (c) herein.
29.03 The Company will meet and discuss with the Union to consider the impact redeployment of such change upon the affected regular employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 the provisions of this the collective agreement and the provisions as set out in the Guaranteed Wage Plan (GWP); and, in so doing, shall designate the employees to be indefinitely laid off;
29.04 During the first thirty (30) days of the notice period and prior to effecting any layoffs or separations under the Collective Agreement, the Company shall canvass employees eligible for special early retirement ('eligible employees') as to their willingness to elect special early retirement. Such eligible employees shall be approached within each group determined in which case paragraph (a) in order of seniority and, if they choose to take special early retirement within the employee's rate above thirty (30) days thereafter, will receive a Technological Change Bonus (TCB). The TCB will be red circled determined by dividing the total amount of the separation pay entitlement of all the employees designated for twelve indefinite layoff in paragraph (12b) monthsabove, by the total number of employees so designated. If no position is available through bumpingThe number of special early retirees in any group who may receive the TCB will not exceed the number of jobs in that group which are to be permanently displaced by the technological change and, if a greater number of eligible employees in any group so elect to take special early retirement, the employee TCB will only be required paid to choose one the most senior of the following options:them.
29.05 If,
(a) the employee may number of eligible employees in any group who elect to go on layoff status; ortake special early retirement is less than the number of jobs in that group to be permanently displaced by the technological change, Or
(b) the employee may Company did not anticipate the number of layoffs but the introduction of the major technological change actually directly results in the indefinite layoff of ten (10) or more regular employees, the following provisions shall apply:
(i) the employees ultimately designated for indefinite layoff hereunder, will be permitted to elect separation and to voluntarily sever their employment completely with terminate from the Company prior to their scheduled date of layoff. Those employees so electing and accept severance pay in termination from the Company shall be entitled to receive the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit separation payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee calculated in accordance with Article 14 Section 26 hereto. If any of this Agreementthose employees were classified as probationary or regular employees prior to March 21, 1988, their separation payment calculation shall include an additional One Thousand Dollars ($1,000.);
(dii) Any employee those employees designated for indefinite layoff hereunder who received a severance payment do not elect to terminate from the Company pursuant to the provisions of the preceding paragraph, and who are eligible for participation in the Guaranteed Wage Plan, shall receive the benefits provided for under that Plan. In addition such employees shall receive an additional eight (b) above shall forfeit their seniority rights and be considered terminated.8) weeks of benefit entitlement under that Plan, subject to the following conditions:
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If 1. In the event that, during the life of this Agreement collective agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the indefinite layoff of any full-time employeeten (10) or more regular employees, the following shall apply.
(a) The Company will give the Union written notice ninety of such technological change at least sixty (9060) days in advance before the date on which the technological change is to be effected. After giving notice, the Company shall identify by job classification, the number of such change, specifying jobs to be displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the change. paragraph (c) herein.
(b) The Company will meet and discuss with the Union the redeployment of the affected regular employees in accordance with the provisions of the collective agreement and the provisions as set out in the Guaranteed Wage Plan (GWP); and, in so doing, shall designate the employees to consider be indefinitely laid off;
(c) During the impact first thirty (30) days of such the notice period and prior to effecting any layoffs or separations under the collective agreement, the Company shall canvass employees eligible for special early retirement (`eligible employees') as to their willingness to elect special early retirement. Such eligible employees shall be approached within each group determined in paragraph (a) in order of seniority and, if they choose to take special early retirement within the above thirty (30) day period and actually retire within thirty (30) days thereafter, will receive a Technological Change Bonus (TCB). The TCB will be determined by dividing the total amount of the separation pay entitlement of all the employees designated for indefinite layoff in paragraph (b) above, by the total number of employees so designated. The number of special early retirees in any group who may receive the TCB will not exceed the number of jobs in that group which are to be permanently displaced by the technological change upon and, if a greater number of eligible employees affectedin any group so elect to take special early retirement, the TCB will only be paid to the most senior of them.
30.02 Where an employee's job 2. If
(a) The number of eligible employees in any group who elect to take special early retirement is changed less than the number of jobs in that group to be permanently displaced by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed or
(b) The Company did not anticipate the employee number of layoffs but the introduction of the major technological change actually directly results in the indefinite layoff of ten (10) or more regular employees, the following provisions shall bump into a lower classificationapply.
(i) the employees ultimately designated for indefinite layoff hereunder, if available, will be permitted to elect separation and to terminate from the Company prior to their scheduled date of layoff. Those employees so electing and terminating from the Company shall be entitled to receive the amount of separation payment calculated in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months15 hereof. If no position is available through bumpingany of those employees were classified as probationary or regular employees prior to May 17, 1988, their separation payment calculation shall include an additional one thousand dollars ($1,000);
(ii) those employees designated for indefinite layoff hereunder who do not elect to terminate from the employee will be required Company pursuant to choose one the provisions of the preceding paragraph, and who are eligible for participation in the Guaranteed Wage Plan, shall receive the benefits provided for under that Plan. In addition, such employees shall receive an additional eight (8) weeks of benefit entitlement under that Plan, subject to the following optionsconditions:
(a) the an employee may elect to go on layoff status; oruse the additional eight (8) weeks of entitlement only once during his employment, and notwithstanding Section 8 of the Plan, the eight (8) weeks can never be restored;
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount additional eight (8) weeks of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay entitlement shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksfirst weeks used.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 36.01 Technological change means the life introduction by the Co-operative into their work, undertaking or business, of this Agreement the Company decided to make equipment or material of a technological change as defined different nature or kind than that previously used by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result them in the layoff operation of any fullthe work, undertaking or business, and a change in the manner in which the Co-time employeeoperative carries on the work, undertaking or business that is directly related to the Company will give introduction of that equipment or material.
36.02 The Co-operative agrees to notify the Union written notice ninety at least three (903) days months in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided that may result in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training perioddisplacement of employees.
30.03 If an 36.03 Any full-time employee is subject with one (1) or more years of service, displaced due to permanent layoff as technological changes, shall be trained for any new positions created by the result of technological change, it is agreed or retrained for a position presently in existence within the bargaining unit, providing they have sufficient seniority to displace a junior employee. Said employee shall be given the six (6) month rate in that classification. If the employee shall bump into is successfully retrained within the similar period given a lower classification, if available, in accordance with new employee under Article 14 8.01 of this Agreement, in which case the employee's rate will be red circled for twelve (12) monthsemployee may then exercise their seniority rights over junior, full-time employees within that classification. If no position the employee is available through bumpingsuccessfully retrained within the period given, then the employee will be required to choose one progress through the acceleration period of the following options:new classification.
(a) the 36.04 If said employee may elect cannot satisfactorily be retrained in that position, they shall be afforded an opportunity, based on seniority, to go on layoff statuswork part-time in their former classification, if said classification is still in existence; orotherwise, they shall be terminated with severance pay, as below.
(b) the 36.05 If an employee may elect refuses part-time employment, they shall be considered to voluntarily sever their have terminated employment completely with the Company Co-operative and accept the Co- operative's severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationpolicy shall become applicable.
30.04 36.06 This Article does not apply to employees who accept employment with other Co-operatives outside the jurisdiction of this Agreement.
36.07 The Co-operative will attempt, to the best of their ability, to find a job within the bargaining unit for full-time employees with less than one (1) year's seniority, and part-time employees. If it is not possible, said employees will be terminated.
36.08 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The the Manitoba Labour Relations Act do not apply during the term of the collective agreement Collective Agreement between the Company Co- operative and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Union Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during If, as a result of: • the life Employer introducing new equipment; or, • changes in operating methods; or, • dissolution of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actdepartment; or, which would have the effect of abolishing existing classifications, creating new classifications, • Facility/Agency closure or which will result conversion. certain job classifications in the layoff of any full-time employeeaffected area(s) will no longer be required, the Company will give Employer shall notify the Union written notice ninety three (903) days months in advance of instituting such changechanges which will cause dislocation, specifying the nature and effects reduction or demotion of the changeexisting work force. The Company In the event of a Facility/Agency closure or conversion where more than twenty percent (20%) of Employees will meet with no longer be required, the Employer shall provide notice to the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:30.01.
(a) By mutual consent of the employee Employer and the Union the above time limit may elect be adjusted to go on layoff status; orsuit individual circumstances.
(b) Upon notification as above, the employee may elect Employer, and the Union will commence discussion as to voluntarily sever the effect on personnel and application of this Article.
(c) During the above mentioned implementation and transitional period, affected Employee(s) will maintain their wage level.
(d) All new job titles and rates of pay within the scope of this Agreement shall be negotiated in accordance with Article 29.
(e) All new positions created as a result of technological change will be posted under the terms of the Agreement. Any training or retraining required to fill the new position shall be provided by the Employer at the Employee's regular rate of pay.
(f) If application of this Article requires a reduction in the work force, such reduction will be carried out under the terms of this Agreement.
30.02 Employee(s) who terminate employment completely with as a result of the Company and accept reasons indicated in this Article shall receive severance pay in the amount of two five (25x) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by times the number of completed and/or partially completed years of seniority service times the employee has in the bargaining unit), up to a maximum Employee's current daily rate of twenty-six earnings. Five (265) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost x Number of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 Completed and/or Partially Completed Years of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.Service x Employee’s Current Daily Rate of Earnings = Severance Pay
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during Where it is necessary to release an employee who has completed his or her probationary period, because of the life introduction of this Agreement the Company decided to make a technological change as defined by The Labour Relations Actin equipment or methods of operation, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employee, the Company will give the Union written at least three (3) months’ notice ninety (90) days in advance of the change shall be given to the employee affected and to the Union. For greater certainty, it is understood that such changenotice shall not operate so as to extend any other notice to be given under this Agreement, specifying and it may run concurrently with any such other notice. The matter will then be referred to the nature to discussand to attempt to resolve the problem with relation to the reallocation and retraining of the affected employeeswith a view to minimizing the effects of the changeEmployer action required to be taken. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change CONTINUANCE OF INSURED BENEFITS Except as provided in clause 30.01 above, Article all benefits coverage under Part B and provided that such an employee possesses Part C of the necessary qualifications to perform Central Collective Agreement (Employee Benefits for Full-Time and Regular Part-Time Civil Servants) will cease at the changed job after a reasonable training period, they shall receive such training period.
30.03 If an end of the month in which the employee is subject laid off or resigns, save and except coverage as provided under Article or (Insured Benefits Plans) and Article or (Dental Plan). An employee who, pursuant to permanent layoff as the result Article is laid off or resigns and receives pay in lieu of technological changenotice may continue benefits coverage at his or her own expense, it is agreed the employee shall bump into except for coverage under Article (Short Term Sickness Plan) and Article (Long Term Income Protection), for a lower classification, if available, in accordance with Article 14 period of this Agreement, in which case the employee's rate will be red circled for twelve (12) monthsmonths following lay-off or resignation by arranging to pay the full premiums, in advance, on a quarterly basis. If no position is available through bumping, Failure by the employee to pay the premiums as specified in Article will disentitle the employee to any further benefits under Article JOB REGISTRY SYSTEM The parties agree that an job registry system shall be developed by the Employer and shared with the to track all funded classified vacancies as approved to be filled by the Employer. Such vacancies shall be reported by ministries to the Employer for inclusion in the registry. Names of surplus employees shall be reported by ministries to the Employer and the Union once an employee is given written notice of lay-off. Monitoring of the job registry and redeployment results will be required reported to choose one Management Board of Cabinet and by the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees Employer on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksquarterly basis.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If The parties recognize that automated equipment and technology is now available for the retail food industry. The Company recognizes that there is a desire to protect and preserve work opportunities. At the same time, the Union recognizes that the Company has a right to avail itself of modern technology. With this common objective, the parties agree as follows: In the event the Company introduces major technological changes which would have direct material impact affecting bargaining unit work, thirty (30) days advance notice of such change will be given to the Union. With regard to any technological changes implemented by the Company during the life of this Agreement Agreement, the parties agree to meet and to bargain over the effects of such a decision upon employees. Both parties are obligated to bargain in good faith in an effort to reach an agreement on the effects of the Company’s decision upon the employees. In addition, the Company decided agrees:
A. Any retraining necessary will be furnished by the Company at no expense to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employeeemployees.
B. Where retraining is not applicable, the Company will give make every effort to effect a reassignment to another job or transfer to another store. Should the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union employee not be retrained or reassigned to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 aboveanother job, and provided that is reduced in hours or laid off, such an employee possesses employees shall be able to exercise the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, employee’s seniority in accordance with Article 14 9.
C. In the event an employee is not retrained, reassigned to another job, or does not exercise seniority, and is permanently displaced as a direct result of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingmajor technological changes above, the employee will be required to choose one of eligible for severance pay in accordance with the following optionsprovisions:
1. All employees, excluding Courtesy Clerks, with two (a2) or more years of continuous service will be eligible for one (1) weeks severance pay for each year of continuous service. Maximum severance pay of eight (8) weeks pay to be paid on a weekly basis. Weekly severance pay shall be determined by the average number of hours worked for the four (4) weeks preceding displacement, not to exceed forty (40) hours straight time pay.
2. An employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept shall be disqualified for severance pay in the amount of two (2event the employee:
a) weeks' salary for each year of completed service with the Company as of the date of terminationRefuses retraining.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 b) Refuses a transfer within a radius of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Unionthirty (30) miles.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this AgreementVoluntarily terminates employment.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life 18.01 Any change in technology which results from a change in office or equipment, or alters a Collective Agreement between The Tri-City News, a division of this Agreement the Company decided to make a technological change as defined by The Labour Relations ActGlacier Media Inc. and Unifor Local 2000 January 1, which would have 2020 – December 31, 2022 method or procedure of operation, the effect of abolishing existing classifications, creating new classifications, which has the potential of decreasing or which will result decreases the number of employees. Technological change does not include normal layoffs resulting from a decrease in the layoff amount of any full-time employeework to be done. In such cases the language in Article 16.06 (Xxxxxx and Recall) will apply. The Company agrees that it will not change its present technology before giving three months' notice of such proposed change to the Union, including information on the number and title of positions affected. The parties shall meet no later than ten (10) days following the date notice is given to consider all aspects of the technological change including the timing, procedure and training. The notice period may be extended a further three (3) months by mutual consent if the Company will give and the Union written notice ninety (90) days in advance of such change, specifying are unable to complete the nature and effects arrangements required to ensure smooth implementation of the change. The Company will meet with It is the Union intent of the parties to consider the impact this agreement to protect as many regular employees as possible from loss of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change employment as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed .
i. Group B Employees Employees in Group B shall not lose employment as a result of tech change except as outlined under 18.04 below. This guarantee will not apply to normal layoffs such as those occurring as a result of a decline in the employee shall bump into a lower classification, if available, in accordance with Article 14 volume of this Agreement, in which case the employee's rate will be red circled for twelve business. This group includes all regular employees (12excluding substitutes and casual employees) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with who were employed by the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83March 31, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks1990.
ii. Group C Employees Employees in Group C shall not lose employment as a result of tech change, except as outlined in the provisions in Article 18.04 below. This guarantee will not apply to normal layoffs such as those occurring as a result of a decline in the volume of business. This group includes all regular employees (excluding substitutes and casual employees) In additionof the Company who have been employed by the Company from April 1, the employee shall receive a lump sum benefit payment equivalent 1990 to the Company's cost of benefit coverage during the employee's periodJuly 10, 2003.
(c) The employee iii. Group D Employees Employees in Group D who has had their job abolished lose employment as a result of tech change shall have the right to bump a less senior employee be laid off in accordance with Article 14 of this Agreementthe provisions in 18.03 ii) below. This group includes all regular employees (excluding substitute and casual employees) who have been employed by the Company since July 11, 2003.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If 29.01 In the event that, during the life of this Agreement collective agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the indefinite layoff of any full-time employeeten (10) or more regular employees, the Company following shall apply:
29.02 The company will give the Union written notice ninety of such technological change at least sixty (9060) days in advance before the date on which the technological change is to be effected. After giving notice, the Company shall identify by job classification, the number of such change, specifying jobs to be displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the change. paragraph (c) herein.
29.03 The Company will meet and discuss with the Union to consider the impact redeployment of such change upon the affected regular employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 the provisions of this the collective agreement and the provisions as set out in the Guaranteed Wage Plan (GWP); and, in so doing, shall designate the employees to be indefinitely laid off;
29.04 During the first thirty (30) days of the notice period and prior to effecting any layoffs or separations under the Collective Agreement, the Company shall canvass employees eligible for special early retirement ('eligible employees') as to their willingness to elect special early retirement. Such eligible employees shall be approached within each group determined in which case paragraph
(a) in order of seniority and, if they choose to take special early retirement within the employee's rate above thirty (30) days thereafter, will receive a Technological Change Bonus (TCB). The TCB will be red circled determined by dividing the total amount of the separation pay entitlement of all the employees designated for twelve indefinite layoff in paragraph (12b) monthsabove, by the total number of employees so designated. If no position is available through bumpingThe number of special early retirees in any group who may receive the TCB will not exceed the number of jobs in that group which are to be permanently displaced by the technological change and, if a greater number of eligible employees in any group so elect to take special early retirement, the employee TCB will only be required paid to choose one the most senior of the following options:them.
29.05 If,
(a) the employee may number of eligible employees in any group who elect to go on layoff status; ortake special early retirement is less than the number of jobs in that group to be permanently displaced by the technological change, Or
(b) the employee may Company did not anticipate the number of layoffs but the introduction of the major technological change actually directly results in the indefinite layoff of ten (10) or more regular employees, the following provisions shall apply:
(i) the employees ultimately designated for indefinite layoff hereunder, will be permitted to elect separation and to voluntarily sever their employment completely with terminate from the Company prior to their scheduled date of layoff. Those employees so electing and accept severance pay in termination from the Company shall be entitled to receive the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit separation payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee calculated in accordance with Article 14 Section 26 hereto. If any of this Agreementthose employees were classified as probationary or regular employees prior to March 21, 1988, their separation payment calculation shall include an additional One Thousand Dollars ($1,000.);
(dii) Any employee those employees designated for indefinite layoff hereunder who received a severance payment do not elect to terminate from the Company pursuant to the provisions of the preceding paragraph, and who are eligible for participation in the Guaranteed Wage Plan, shall receive the benefits provided for under that Plan. In addition such employees shall receive an additional eight (8) weeks of benefit entitlement under that Plan, subject to the following conditions:
a) an employee may use the additional eight (8) weeks of entitlement only once during their employment, and notwithstanding Section 8 of the Plan, the eight (8) weeks can never be restored;
b) above the additional eight (8) weeks of entitlement shall forfeit their seniority rights and be considered terminatedthe first weeks used.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 19.01 In this Clause "Technological Change" means the life introduction by the Board of this Agreement the Company decided to make equipment or material of a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which different nature than that previously utilized that will result in major changes in the layoff employment status or working conditions of any full-time employeepermanent employees.
19.02 Both Parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Board's operations. Where technological change is to be implemented, the Company Board will give the Union written seek reasonable ways and means of minimizing adverse effects on permanent employees which might result from such changes.
19.03 The Board agrees to provide as much advance notice as is practicable and not less than ninety (90) days in advance written notice to the Union of such the introduction or implementation of technological change.
19.04 As soon as reasonably practicable after notice is given under Clause 19.03 above, specifying the Board shall discuss with the Union the anticipated effects of the technological change on each group of permanent employees. Such discussion will include, but will not necessarily be limited to the following:
a) the nature and effects degree of change;
b) the anticipated date or dates on which the Board plans to effect change;
c) the location or locations involved;
d) the approximate number, job positions and location of employees likely to be affected by the change. The Company will meet with ;
e) the Union effect the change may be expected to consider the impact have on working conditions or terms and conditions of such change upon employees affectedemployment on employees.
30.02 Where an employee's job is changed by reason of any technological change a) When, as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed determined by the Board that a permanent employee requires new skills or knowledge in order to perform the duties of their substantive position, the Board will provide the necessary training at no cost to the permanent employee provided the training period does not exceed ten (10) working days and the permanent employee has the ability to be retrained.
b) When, as a result of technological change, it is determined by the Board that a permanent employee is not able to be retrained, that a permanent employee cannot perform the duties of their substantive position after retraining or that a permanent job will cease to exist, the following shall apply:
(i) the employee shall bump into a lower classificationbe placed in suitable alternative employment, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(bii) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as provisions of the date of terminationLay-off Article shall apply.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 31:01 In this Article “Technological Change” means the life introduction by the Employer of this Agreement the Company decided to make equipment or material of a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which different nature than that previously utilized that will result in major changes in the layoff employment status or working conditions of any full-time employeeUnion members.
31:02 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employers operations. Where technological change is to be implemented, the Company Employer will give the Union written seek reasonable ways and means of minimizing adverse effects on employees which might result from such change.
31:03 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than ninety (90) days written notice to the Union of the introduction or implementation of technological change.
31:04 As soon as reasonably practicable after notice is given under clause 31:03, the Employer shall discuss with the Union the anticipated effects of the technological change referred to in advance clause 31:01 on each group of such changeemployees. Such discussions will include, specifying but not necessarily be limited to, the following:
a) the nature and effects degree of change;
b) the anticipated date or dates on which the Employer plans to effect change;
c) the location or locations involved;
d) the approximate number, class and location of employees likely to be affected by the change. The Company will meet with ;
e) the Union effect the change may be expected to consider the impact have on working conditions or terms and conditions of such change upon employees affectedemployment on employees.
30.02 Where an employee's job is changed by reason of any technological change a) When, as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed determined by the Employer that an employee requires new skills or knowledge in order to perform the duties of his/her substantive position, the Employer will provide the necessary training at no cost to the employee. The parties recognize that it may not be possible to retrain employees in all cases of technological change. If after a period of six months in the new position, the employee is unable to perform the duties required for that position, the Employer shall endeavour to place the employee in an alternative position for which the employee is deemed to be qualified and capable to perform the job.
b) When, as a result of technological change, it is determined by the Employer that an employee is not suitable for retraining or that a job will cease to exist, the following shall apply:
i) the employee shall bump into a lower classificationbe placed in suitable alternative employment, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(aor ii) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount provisions of two (2) weeks' salary for each year of completed service with the Company as of the date of terminationArticle 20 shall apply.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
TECHNOLOGICAL CHANGE. 30.01 If during 22.2.1 When the life of this Agreement Employer has approved a plan to implement new technology that may be utilized by and that may have a substantial impact on work performed by the Company decided to make a technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, employees or which will may result in the layoff need of any full-time employeefewer bargaining unit employees, the Company Employer will give immediately notify the Union written notice ninety (90) days in advance writing of such changeconditions. Moreover, specifying the nature Employer agrees to meet and effects of the change. The Company will meet discuss with the Union to consider regarding the impact of such proposed new technology, its implementation, and its effect on employees. No proposed technological change upon employees affectedwill be implemented less than thirty (30) days after the initial meeting.
30.02 Where an employee's job is changed by reason 22.2.2 Should the implementation of new technology result in the reduced need of bargaining unit employees, the Employer, to the extent possible, will first reduce staff through attrition, transfer of employees, offers of voluntary reduction or use of any technological change as provided other means that will not result in clause 30.01 abovelayoff before affecting such necessary reductions through layoffs. Any employee retained in the original work unit shall be properly trained in the use of the new technology and any employee transferred or subject to a voluntary reduction shall, and provided that such an employee possesses the necessary qualifications when necessary, be retrained to perform the changed job after a reasonable training period, they shall receive such training periodnewly assigned duties.
30.03 If an employee is subject 22.2.3 Should the implementation of new technology result in layoffs, the Employer and the Union, to permanent layoff as the result extent possible, will advise affected employees of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is retraining and job placement services available through bumpingthe Illinois Department of Employment Services and through any other appropriate state and federal agencies which provide retraining and job placement. The Employer will provide a person whose responsibility shall be to counsel, the employee will coordinate and advise laid off employees of outplacement and retraining resources. This person shall be required available for up to choose one of the following options:
sixty (a60) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of days after the date of terminationthe layoff. Any additional outplacement and retraining shall be by agreement of the parties and, should there be any additional expenses involved, the Employer and the Union shall share these expenses equally.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 8322.2.4 Should the implementation of new technology result in layoffs, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company Employer and the Union.
(a) Any full-time employee who is permanently Union will jointly approach the legislative leadership to explore the possibility of obtaining legislation which would provide an early retirement program for employees laid off because their existing job is abolished shall have the option as a result of applying for severance pay.
i) Severance pay technology. The layoff and recall rights of employees laid off as a result of technology shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied governed by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeksArticle 32.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during During the life term of this Agreement any disputes arising in relation to adjustment to technological change shall be discussed between the Company decided bargaining representatives of the two parties to make this Agreement. Where the City introduces, or intends to introduce, a technological change as defined by The Labour Relations Act, which would have that: affects the effect of abolishing existing classifications, creating new classificationsterms and conditions, or security of employment of a significant number of employees to whom this Agreement applies; and alters significantly the basis upon which will result this Agreement was negotiated; either party hereto may, if the dispute cannot be settled in direct negotiations, refer the matter directly to an Arbitration Board, constituted under Clause step of this Agreement, by- passing all other steps in the layoff Grievance Procedure. The Arbitration Board shall decide whether or not the City has introduced, or intends to introduce a technological change, and upon deciding that the City has or intends to introduce a technological change the Arbitration Board: shall inform the Minister of Labour of its findings; and may then or later make any full-time employeeone or more of the following orders: that the change be made in accordance with the terms of this Agreement unless the change alters significantly the basis upon which this Agreement was negotiated: that the City will not proceed with the technological change for such period, the Company will give the Union written notice not exceeding ninety (90) days in advance of such changedays, specifying as the nature and effects of Arbitration Board considers appropriate; that the change. The Company will meet with the Union to consider the impact of such change upon employees affected.
30.02 Where an employee's job is changed City reinstate any employee displaced by reason of the technological change; that the City pay to that employee such compensation in respect of the displacement as the Arbitration Board considers reasonable. The City will give to the Union in writing at least ninety (90) days' notice of any intended technological change as provided that: SCHEDULE Page affects the terms and conditions or security of employment of a significant number of employees to whom this Agreement applies; and alters significantly the basis upon which this Agreement was negotiated. In the event that any of the parties to this Memorandum of Agreement decide in clause 30.01 abovelocal discussions to extend the existing conversion of, and provided or to convert the work week of the employees staffing the whole or a part of an Employer's operations, from five (5) working days to four (4) working days per week or to nine (9) working days per fortnight, it has been agreed that such an employee possesses employees' benefits shall be converted as follows: Basic annual working hours shall be calculated as x daily working hours as per the necessary qualifications to perform 5-day week, x = or x = Basic annual public holiday hours shall be calculated as x daily hours as per the changed job after a reasonable training period, they Account shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one taken of the following options:
(adifference in basic annual rest period allowances, e.g. weeks x days x minutes hours) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the Company and accept severance pay in the amount case of the standard 5-day week; x x minutes hours) in the case of the 4-day week; and x x minutes hours) in the case of the 9-day fortnight. Employees shall have at least two (2) weeks' salary of their days off in any week consecutive, and such days off shall for each year purposes of completed service with Overtime pay be deemed to be the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company "first scheduled rest day" and the Union.
(a) Any full-time employee who is permanently laid "second scheduled rest day". Pay for any work on the third day off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay in any week shall be one (1) in accordance with normal daily overtime rates. For purposes of Overtime pay on scheduled working days, normal daily working hours and the normal work week earnings (hourly rateshall be considered to be those lengths of time established by the parties pursuant to paragraph herein. Annual Vacation entitlement and all credits for Deferred Vacation, or 1/52 of annual salary for employees on a yearly salary multiplied Sick Leave benefits and Gratuity benefits shall be converted from working days to working hours by multiplying the number of years days to an employee's credit by the daily working hours as per the previous 5-day week. All deductions or debits shall be made on the basis that each working day of seniority absence shall be measured as the length of time established by the parties pursuant to paragraph herein. Notwithstanding any clause in a collective agreement to the contrary, an employee shall not receive pay for acting in a senior capacity where the employee has in been temporarily required to accept the bargaining unit), up responsibilities and carry out the duties of a senior position because of the absence of the incumbent of that senior position due to a maximum the work week. SCHEDULE Page In order to establish the length of twenty-six (26) weeks.
ii) In additioncompressed work day and the compressed work week, the employee shall receive a lump sum benefit payment equivalent parties are to be governed by the Company's cost principle that the basic annual working hours basic annual public holiday hours and basic annual rest period allowances are to remain the same under the compressed work week as they were under the standard work week. The parties will be free to decide how to deal with the matter of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee public holidays in accordance with Article 14 one or other of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit the three following ways, and their seniority rights decisions will determine automatically the lengths of the compressed work day and be considered terminated.work week:
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If during 34.1 A joint Management/Union Committee on Technological Change will be comprised of four (4) representatives each of Management and Union and the life purpose will be to formulate and recommend personnel policies with regard to problems which may arise as a result of this Agreement technological change.
34.2 The Union and its membership will accept their responsibilities in the Company decided accommodation of new conditions due to make a technological change and agree to co-operate with Management as defined by follows:
34.2.1 Training people to operate newly installed equipment or to perform different jobs within the Corporation.
34.2.2 Setting forth procedures wherein the transition due to technological changes will be accomplished expeditiously.
34.2.3 Helping to create a proper Employee attitude in the above respects.
34.3 Management recognizes its responsibilities and obligations to all Employees of the Corporation, and particularly to those adversely affected because of technological change. In this connection it agrees to cooperate with the Union in the following manner:
34.3.1 The Labour Relations ActCorporation will notify the Committee as far in advance as is practicable of any proposed changes in working conditions and job procedures due to the installation of new or the accelerated use of automated equipment, systems, and all other technological change. However, in a situation which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any full-time employeedisplace Employees, the Company notice to the Committee, where possible, will give the Union written notice be ninety (90) days in advance of such changedays, specifying the nature and effects but no later than six (6) weeks.
34.3.2 If new applications of the change. The Company will meet with automated equipment now in use, or the Union to consider introduction of other similar equipment, result in the impact displacement of such change upon employees affected.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingEmployees, the employee following procedures will be required to choose one of the following optionsapply:
(a) Permanent Employees in jobs which are abolished due to technological changes shall be offered a transfer to a vacant job in the employee may elect same classification in the same geographic location in order of seniority prior to go on layoff status; orthe posting of such vacancies.
(b) the employee may elect to voluntarily sever their employment completely Where an Employee is not placed in accordance with the Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do not apply during the term of the collective agreement between the Company and the Union.
34.3.2 (a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay ), they shall be one (1) week earnings (hourly rate, or 1/52 of annual salary given the opportunity to be trained for employees on a yearly salary multiplied jobs created by the number of years of seniority new automated equipment if the employee Employee has in the bargaining unit)necessary ability and desire or given the opportunity to be trained to allow access into a new, up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's periodsuitable career path.
(c) Reductions in the work force resulting from the new automated equipment or introduction of similar equipment shall be made in accordance with Article 18 of the Collective Bargaining Agreement. However, a displaced Employee whose seniority is sufficient to permit retention on the active payroll but is reclassified to a lower pay band, shall have their present salary frozen at the current step.
(d) If the displaced Employee's salary is within the lower pay band, they shall be eligible for increments and negotiated increases. If their salary is above the lower pay band, they shall be ineligible for any increments or negotiated increases until they promote, or until the Employee's salary is within the lower pay band. A displaced Employee is an Employee whose job is abolished due to technological changes and not one affected by bumping procedures under Article 18. In regard to the above, it is hoped that the use of the layoff procedure as outlined in Article 18 will be minimized and with this in mind a training pool could be established which would take into it Employees who could be retrained for equal or higher jobs. The employee details of this training pool and the workings of it shall be worked out by the Union/Management Committee on Technological Change.
(e) A displaced Employee who reverts to a lower pay band in accordance with the above, shall have preferential seniority recognized for any new job or vacancy in their former pay band, provided they have the necessary ability to perform the work involved.
34.4 Where a technological change is likely to result in the displacement of five per cent (5%) or more of the total in-scope staff the following procedure will apply:
34.4.1 The Union shall be notified in writing outlining the nature of the technological change, the date upon which the Corporation proposes to effect the technological change, the approximate number and type of Employees likely to be affected, and the effects the change may be expected to have on the Employee's working conditions and terms of employment.
34.4.2 When the Corporation has had their job abolished notified the Union of its intention of introducing a technological change, the parties will meet within fifteen (15) days to negotiate the training, reassignment, relocation, transfer, reclassification, demotion or layoff of affected Employees.
34.4.3 If an agreement is not reached within sixty (60) days, any unresolved matters shall be submitted to arbitration for resolution in accordance with the provisions of Article 20.11, of the Collective Bargaining Agreement.
34.5 A permanent Employee initially or subsequently affected in the reduction of staff because of lack of capability to perform the work required to be done or because of lack of sufficient seniority, or who may not be re-trainable, shall have the right to bump a less senior employee in accordance with receive severance pay as per Article 14 27.9, or may elect to retain recall rights under the provisions of this the Agreement.
(d) Any employee who received 34.6 If an Employee elects to receive severance pay, such election shall terminate their status under the Collective Bargaining Agreement. If they are subsequently re-employed they shall be rehired as a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminatednew Employee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
TECHNOLOGICAL CHANGE. 30.01 If during the life of this Agreement 29.01 Where the Company decided to make a technological change as defined by The Labour Relations Act, introduces automatic equipment or any new technology which would have the effect of abolishing existing classifications, creating new classifications, or which will result in the layoff of any may cause full-time employeeemployees to lose their employment, the Company will give meet with and advise the Union written notice ninety no less than three (903) days months in advance of such the particular situation and its expected implications.
29.02 Any full-time employee with one (1) or more years of service, displaced due to technological changes, shall be trained for any new positions created by the technological change, specifying or retrained for a position presently in existence within the nature and effects bargaining unit, providing they have sufficient seniority to displace a junior employee. Any displaced employee transferring to a classification that is higher rated than the one he presently holds, shall be governed by the provisions of Section 20.07. Any displaced employee transferring to a classification that is lower rated than the one he presently holds shall be paid the rate of the change. The Company will meet with the Union to consider the impact classification at which he is employed, and shall be allowed a maximum qualifying period of such change upon employees affectedthirty (30) calendar days.
30.02 Where 29.03 If said employee cannot satisfactorily be re-trained in that position, he shall be afforded an employee's job opportunity based on seniority to work part-time in his former classification, if said classification is changed by reason of any technological change still in existence; otherwise, he shall be terminated with severance pay, as provided outlined in clause 30.01 above, and provided that such an employee possesses the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training periodSection 22.
30.03 29.04 If an employee is subject refuses part-time employment, he or she shall be considered to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their have terminated employment completely with the Company. Any full-time employee with one (1) or more years' service, whose employment is terminated by the Company and accept under this provision shall receive one (1) week's severance pay in the amount of two (2) weeks' salary for each year of completed service continuous full-time service, up to a maximum of fifteen (15) weeks' pay.
29.05 This clause does not apply to employees who accept other employment with the Company as Company, outside the jurisdiction of the date of terminationthis Agreement.
30.04 29.06 The Company will attempt, to the best of their ability, to find a job within the bargaining unit for full-time employees with less than one (1) year's seniority, and part-time employees. If it is not possible, said employees will be terminated.
29.07 This Article Section is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The the Manitoba Labour Relations Act do not apply during the term of the collective agreement Collective Agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by the number of years of seniority the employee has in the bargaining unit), up to a maximum of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. Advance Notice
30.01 If during When the life of this Agreement the Company decided to make a Employer has determined that technological change as defined by The Labour Relations Actchange, which would have the effect of abolishing existing classificationswill eliminate or significantly change a job, creating new classifications, or which will result in the layoff of any full-time employeebe introduced, the Company Union will give be provided not less than two (2) months' advance notice and will be given the Union written notice ninety (90) days in advance of such change, specifying the nature and effects of the change. The Company will meet with the Union to consider the impact of such change upon employees affectedopportunity for discussion.
30.02 Where an employee's job is changed by reason of any technological change as provided in clause 30.01 above, and provided that such an employee possesses During the necessary qualifications to perform the changed job after a reasonable training advance notice period, as described in Article 30.01, employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological changeare qualified, it is agreed with the employee shall bump into with the greatest employment seniority having first priority rights. Should the posted vacancy be at a level lower classification, if available, in accordance with Article 14 of this Agreement, in which case than the employee's rate will be red circled for twelve (12) months. If no position is available through bumpingtechnologically-impacted position, the employee will be required to choose one retain her/his current rate of the following options:
(a) pay and current wage range. In addition, the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely will receive future general increases and step increases in accordance with the Company Collective Agreement.
30.03 Should a job be eliminated due to technological change and accept severance pay in a new job created, the amount of two Employer will provide the affected employees, on an employment seniority basis, up to six (26) weeksmonths' salary for each year of completed service training. Additional training may, subsequent to consultation with the Company as Labour/Management Committee, be provided. Should there be an insufficient number of newly created jobs, or should no new jobs be created, or should the date affected employees choose not to accept the training, then the employees will have the option of terminationbeing returned to their respective immediate previous positions, or being placed in other positions by the Employer. The Employer will provide up to six (6) months' training. Such employees will retain the current rate of pay and current wage range. In addition, these employees will receive future general increases and step increases in accordance with the Collective Agreement. Following training, the Probation Article shall apply.
30.04 This Article is intended Should a job be significantly changed due to assist employees affected by any technological change, the Employer will provide the incumbents up to six (6) months' retraining. Additional training may, subsequent to consultation at the Labour/Management Committee, be provided. Should this technological change and accordingly Sections 83reduce the number of incumbents previously required, 84 and 85 of The Manitoba Labour Relations Act do not apply during then the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished employees on a least employment seniority basis shall have the option of applying for severance paybeing returned to their respective immediate previous positions or being placed in other positions by the Employer. The Employer will provide up to six (6) months' training. Such employees will retain the current rate of pay and current wage range. In addition, these employees will receive future general increases and step increases in accordance with the Collective Agreement. Following training received in a new job, the Probation Article shall apply.
i) Severance 30.05 In the event the affected employees cause displacement of other employees, the Employer will not be required to provide notice, maintenance of wages or other payments to the displaced employees.
30.06 Any employee, whose current rate of pay and current wage range is being retained, as described in Article 30.02, 30.03 and 30.04 shall continue to receive such wage retention provided s/he applies for all posted vacancies for which s/he is qualified. The employee will have priority rights, for such posted vacancies, on an employment seniority basis. Priority rights shall be one (1) week earnings (hourly ratelimited to all those vacancies, or 1/52 of annual salary for employees on a yearly salary multiplied by above the number of years of seniority the employee has in the bargaining unit)level at which s/he is being occupied, up to a maximum and including the level at which s/he was previously occupied at the time of twenty-six (26) weeks.
ii) In addition, technological change. Such priority rights and employee obligation to apply for posted vacancies shall continue to be in effect until the employee shall receive a lump sum benefit payment equivalent to regains the Company's cost of benefit coverage during the employee's periodlevel from which s/he was originally displaced.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.
Appears in 1 contract
Samples: Collective Agreement
TECHNOLOGICAL CHANGE. 30.01 If In the event that, during the life of this Agreement collective agreement, the Company decided plans to make introduce a major technological change as defined by The Labour Relations Act, which would have the effect of abolishing existing classifications, creating new classifications, or which it anticipates will directly result in the layoff indefinite lay- off of any full-time employeeten (10) or more regular employees, the following shall apply. The Company will give the Union written notice ninety of such tech- nological change at least sixty (9060) days in advance before the date on which the technological change is to be effect- ed. After giving notice, the Company shall identify by job classification, the number of such change, specifying to he displaced. The jobs to be displaced shall be grouped by the nature and effects Company for the purposes of the changeparagraph herein. The Company will meet and discuss with the Union the redeployment of the affected regular employees in accordance with the provisions of the collective agree- ment and the provisions as set out in the Guaranteed Wage Plan and, in so doing, shall designate the employees to consider be indefinitely laid off; During the impact first thirty (30) days of such change upon the notice period and prior to effecting any layoffs or separations under the collective agreement, the Company shall canvass employees affected.
30.02 Where an employee's job is changed eligible for special early retirement employees’) as to their willingness to elect special early retirement. Such eligible employees shall be approached within each group determined in paragraph cial early retirement within the above thirty (30) day period and actually retire within thirty (30) days there- after, will receive a Technological Change Bonus The will be determined by reason dividing the total amount of the separation pay entitlement of all the employees designated for indefinite layoff in para- graph above, by the total number of employees so designated. The number of special early retirees in any group who may receive the will not exceed number of jobs in that group which are to be perma- nently displaced by the technological change as provided and, if a greater number of eligible employees in clause 30.01 aboveany group so elect to take special early retirement, and provided the will only be paid to the most senior of them The number of eligible employees in any group who elect to take special early retirement is less than the number of jobs in that such an employee possesses group to be permanently dis- placed by the necessary qualifications to perform the changed job after a reasonable training period, they shall receive such training period.
30.03 If an employee is subject to permanent layoff as the result of technological change, it is agreed the employee shall bump into a lower classification, if available, in accordance with Article 14 of this Agreement, in which case the employee's rate will be red circled for twelve (12) months. If no position is available through bumping, the employee will be required to choose one of the following options:
(a) the employee may elect to go on layoff status; or
(b) the employee may elect to voluntarily sever their employment completely with the or The Company and accept severance pay in the amount of two (2) weeks' salary for each year of completed service with the Company as of the date of termination.
30.04 This Article is intended to assist employees affected by any technological change and accordingly Sections 83, 84 and 85 of The Manitoba Labour Relations Act do did not apply during the term of the collective agreement between the Company and the Union.
(a) Any full-time employee who is permanently laid off because their existing job is abolished shall have the option of applying for severance pay.
i) Severance pay shall be one (1) week earnings (hourly rate, or 1/52 of annual salary for employees on a yearly salary multiplied by anticipate the number of years layoffs but the introduction of seniority the employee has major technological change actually directly results in the bargaining unit), up to a maximum indefinite layoff of twenty-six (26) weeks.
ii) In addition, the employee shall receive a lump sum benefit payment equivalent to the Company's cost of benefit coverage during the employee's period.
(c) The employee who has had their job abolished shall have the right to bump a less senior employee in accordance with Article 14 of this Agreement.
(d) Any employee who received a severance payment pursuant to (b) above shall forfeit their seniority rights and be considered terminated.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
