Xxxxxx and Recall. 9:01 The Employer shall provide four (4) weeks written notice of a layoff or award pay in lieu thereof. A layoff shall be defined as a temporary reduction to an employee’s regular hours of work due to lack of work, funding, economical or operational changes.
9:02 In the event of a reduction in the work force, employees will be laid off in reverse order of seniority within their occupational classification within the home.
9:03 Employees laid off in accordance with Article 9:01 shall be recalled by order of seniority to available positions in equal or lower paid occupational classifications provided they are qualified, possess a satisfactory work record, and have the ability to perform the required work.
9:04 To be eligible for recall, prior to the employee’s last shift before being placed on layoff status, the employee must provide the Employer with their current address and further, during the layoff period, must inform the Employer immediately of any address changes.
9:05 As per Article 9:04 above, the employee must communicate with the Employer within five (5) calendar days of his notice of recall being delivered to his recorded address. Further, the employee must be prepared to begin work at the time designated by the Employer.
9:06 The right of a person who has been laid off to be rehired under this Agreement will be forfeited and shall be considered terminated in the following circumstances:
(a) If the person did not communicate with the Employer as specified in Article 9:06.
(b) If the person did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer.
(c) A twelve (12) month period has elapsed since the date of layoff, as per Article 7:05 (d).
Xxxxxx and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may:
(a) accept the layoff; or
(b) opt to receive a separation allowance as outlined in Article 9.12; or
(c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or
(d) displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of their intention to do so and the position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within 1% of the laid off employee's straight time hourly wage rate.
(e) In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training.
(f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee.
(g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and (d) above.
(h) No full-time employee within the bargaining unit shall...
Xxxxxx and Recall.
12:01 Where by reason of a shortage of work or funds, or the abolition of a position or material changes in duties or organization, the Employer determines that a lay off(s) is necessary, the Employer shall determine the classification(s) from which the lay-off(s) are to take place.
12:02 The Employer shall determine the group of employees concerned within each classification from which employees are to be laid off.
12:03 Where the lay-off(s) of employee(s) is necessary, the Employer shall provide the Union with written notice not less than thirty (30) days prior to the date of lay off(s). The parties shall then meet to discuss the steps to be taken to assist the employees affected.
12:04 Employees selected for lay-off shall receive four (4) weeks’ notice or payment in lieu. No notice is required for term employees who are released at the end of their term. The Union shall be provided with a copy of all lay-off notices issued.
12:05 In determining the order of lay-off of employees, seniority shall be the determining factor. This Article is subject to the requirement that the employees who are retained must have the qualifications and ability to perform the duties, which the remaining employees will be required to perform. Term employees with less than two (2) years of continuous service shall first be considered for lay-off.
12:06 An employee identified for lay-off may exercise an option to bump an employee with less seniority in the same, equivalent or lower classification, subject to the following:
(a) Where an employee is identified for lay-off, the Employer may identify a vacant suitable placement that is at the same or an equivalent classification and the same annual hours of work where the employee is deemed to have the qualifications and ability to perform the duties. The employee may only decline the placement opportunity if the position would require change of work location from one community to another community outside of a twenty (20) kilometer radius measured from the employee’s current work location.
(b) If no vacant suitable placement is identified by the Employer, or the employee declines the opportunity under subsection (a), the employee may exercise an option to bump, into another positon of same, equivalent or lower classification, and the employee shall notify the Administrator in writing of the employee’s intention to bump, within five (5) working days of being identified for lay-off, subject to the following:
(i) The Employer will c...
Xxxxxx and Recall. The Union may at any point ask to discuss with the Employer, services that are currently contracted out for specified work. Upon request the Employer agrees to entertain and give serious consideration to submissions and rationale from the Union based on an identified interest for specific work where the Union feels the Bargaining Unit may be better able to perform those services.
Xxxxxx and Recall.
A. If the board determines that a reduction in the number of regular classified employees is necessary, layoffs shall be in reverse order of seniority within bargaining unit classifications as defined in section G. of this article. Classification means the groupings in Appendix B. The positions identified as Classified Professional Employees are unique positions with unique qualifications and they are not eligible to bump into any other position as identified in Article 8 of the Classified CBA. In the event the board determines that a reduction in force is necessary, layoffs shall be done in reverse order of seniority within the identified position the employee currently holds. Professional employees shall retain recall rights for a period of 27 months from the date of the layoff.
B. When the board abolishes a particular position, the employee filling that position is not necessarily the person to be laid off. The person to be laid off shall be the least senior employee in the job classification to which the abolished position was allocated. If the holder of the abolished position is not the least senior employee in the classification, the following steps shall be used to determine movement within the classification to achieve the layoff of the least senior employee. Please see Appendix C, Classification Bumping Order.
1. The employee with the shortest length of service in the classification level to which the abolished position was allocated shall be bumped, provided that the bumping employee has the specific special skills, training or licensing required by the position.
2. The bumped employee shall then have the right to bump into the position of the least senior employee in the next lower level within the classification provided the employee has the specific special skills, training or licensing required by the position and has greater classification seniority than the least senior employee at that level.
C. A bumped employee may then exercise the right to bump in accordance with the following provisions:
1. Once an employee’s position is eliminated, reduced to a level that eliminates benefits, or they are bumped, they may then use District seniority within the next lower classification level in Appendix B for which they may be qualified.
2. For determination of which least senior employee’s position a bumping employee may bump into, the District will determine which positions will be available and will offer first choices of the available positions ...
Xxxxxx and Recall. 34.01 A layoff is defined as the elimination of a position or an ongoing reduction in regularly scheduled hours of work for a position. For the purpose of this Article “ongoing reduction” shall be defined as a reduction in hours of more than one (1) month.
34.02 The provisions of this Article shall not apply in the following situations:
a. When an employee’s appointment is for a limited duration of two (2) years or less and the appointment expires and is not renewed.
b. When a seasonal employee is laid-off for the portion of the year in which they are normally not employed.
a. In the event of layoffs, the University will: identify the affected Bargaining Unit position(s) to the Bargaining Unit in writing; and notify each affected member in writing.
b. If there is only one (1) member in an affected Bargaining Unit position then that member shall be declared surplus.
c. If there is more than one (1) member in the affected Bargaining Unit position and those members are within the same department then those members will be declared surplus in the following order:
i. Probationary members in reverse order of date of hire;
ii. Members who have completed their probationary period in order of seniority beginning with the least senior member.
34.04 In accordance with Article 34.05, a member who is declared surplus shall be given the opportunity to fill a vacant Bargaining Unit position or displace the most junior employee. The appropriate supervisor and a Human Resources representative will evaluate the ability and qualifications of the surplus member to do the job by means of either an interview or an interview and selection tests, if appropriate. The employee shall be accompanied by the President of the Union or their designate, acting as an observer. Employees will be available to be interviewed within five (5) calendar days of receiving the request for the interview, unless otherwise mutually agreed. It is understood that the surplus employee must have the ability and qualifications to perform the job in a manner which will not adversely affect the efficiency of the department beyond a short term familiarization period of no more than thirty (30) scheduled shifts.
a. In accordance with Article 34.04, a full-time member declared surplus shall be given the opportunity, in order of seniority, to be placed in a vacant position or exercise bumping rights in the following order:
i. To fill a full-time vacant position within the same job classification or, if there is ...
Xxxxxx and Recall. The employee and the Employer may enter into a written agreement regarding return rights at the commencement of the leave. The period of leave will not impact the employee’s seniority date.
Xxxxxx and Recall. 6.6.1 A layoff shall be defined as a reduction in the work force or a reduction in the regular hours of work as defined in this Agreement.
Xxxxxx and Recall. A. The University shall determine the basis for, the extent of, and the effective date(s) of layoffs in accordance with the provisions of this Article.
Xxxxxx and Recall. In the event of a financial emergency that requires the District to consider a Reduction in Force (RIF) affecting employees, the District shall confer with the Association at the earliest possible date and shall continue to confer throughout the process. The Parties shall meet and discuss possible ways of avoiding a RIF and ways to minimize the potential negative impact of such action should it become necessary. If a RIF is still required, the District shall first seek voluntary reduction through resignations, leaves of absence and/or retirement, and only then consider lay-offs. If lay-offs are required, the District shall make every reasonable effort to retain the most senior employees first, taking into consideration the District need to offer a basic curriculum. Employees with seniority shall be laid-off only as a last resort. The Parties shall make every reasonable effort jointly and separately to minimize the impact of lay-off by helping to seek other employment for RIFed employees and by rehiring laid-off employees as soon as openings become available for which they qualify. All employees being laid off shall be placed in a re-employment pool for a period of two (2) years. Such employees shall be offered any new or open jobs for which they are qualified. While in the re-employment pool, laid-off employees may continue participation in District insurance programs by paying the regular monthly premium to the district, subject to carrier approval. In the event a RIF process is instituted, the District shall post an updated seniority list and shall provide the President with a copy. The list shall be predicated upon the most recent date of hire for each employee, his/her current assignment and the bargaining unit positions for which the employee is certified. Such most recent date of hire shall be that employee’s seniority date. Ties in the seniority date of employees shall be resolved in the following priority:
1. Date employment began (for most employees this will be the first day of school in the year for which they were hired)
2. Date of Board approval of their employment
3. Date they returned their employment contract to the District 4. By lot
