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 be laid off by reason of their duties being assigned to one or more part-time employees. (i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a). (j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work. (k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. (l) An employee recalled to work in a different classification from which they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. (m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. (n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Xxxxxx and Recall. An employee SECTION 1. When the Employer determines to implement a layoff, the Employer shall notify the Union at least thirty (30) calendar days in receipt advance and the affected Employee(s) at least fourteen (14) calendar days in advance of notice the effective date of such layoff. If the Union requests, the parties shall meet to discuss the Employer’s action.
SECTION 2. The Employer, in its sole discretion, shall determine when a layoff pursuant to 9.08(A)(a)(ii) may:
will occur and which classifications (a) accept the layoff; or
(b) opt to receive a separation allowance as outlined listed in Article 9.12; or
(c2 “Recognition”) opt to retireand divisions, if eligible under as well as the terms number 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 jobEmployees within those classifications and divisions will be affected. An employee so displaced shall Affected Employees within those classifications and divisions will be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a)their established seniority, as indicated on the Employer’s seniority records. Employee(s) within those classifications and divisions with the least seniority will be laid off first, in the following order:
a) Volunteers
b) Temporary Employees;
c) Part-time Employees;
d) New hires who have not completed their probationary period;
e) Employees who have completed their probationary period. An employee 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 is 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 bargaining unit Employee with lesser less seniority within the same classification, but in a higher-paying classification provided they are able to meet the normal requirements of the jobdifferent division, 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 bumping Employee 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 be laid off by reason of their duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work.
(k) In determining the ability of an employee qualified to perform the work for in question at the purposes discretion of the paragraphs above, the Hospital shall not act in an arbitrary or unfair mannerEmployer.
(l) An employee recalled to work in a different classification from which they were SECTION 3. Employees who are laid off shall have be placed on a recall list for a period of twelve (12) months. If there is a recall, Employees who are still on the privilege recall list shall be recalled in the inverse order of returning their layoff within the respective classifications and divisions. The Employer, in its sole discretion, shall determine which classifications and divisions shall be subject to recall, depending on the Employer’s operational needs. Seniority will terminate after twelve (12) continuous months of layoff. Seniority will accrue during those twelve (12) months, however.
SECTION 4. Notice of recall shall be sent to the position held prior Employee by certified mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the layoff should it become vacant within six (6) months last mailing address provided by the Employee. A copy of being recalledsuch notice shall be sent to the Union.
SECTION 5. The recalled Employee shall have ten (m10) No new employees shall be hired until all those laid off have been given an opportunity calendar days following the date of the receipt of the recall notice, as received by the Union or Employee, to notify the Employer of the intention to return to work and shall have failed three (3) additional calendar days to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee duty unless a later date for returning to work is solely responsible for their proper address being on record with otherwise specified in the Hospitalnotice.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 articleArticle, 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 be laid off by reason of their duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
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 his or her 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-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 be laid off by reason of their his/her duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have he or she has the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their his or her proper address being on record with the Hospital.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 his or her 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-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-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 be laid off by reason of their his/her duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have he or she has the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their his or her proper address being on record with the Hospital.
Appears in 1 contract
Samples: Collective Agreement
Xxxxxx and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may:
(a) accept Once layoffs have been planned, the layoff; orEmployer will notify the Union as soon as practical, but no fewer than fourteen (14) calendar days prior to the layoff occurring, except in the case of emergency, so that the Union may review the layoff order and its implementation under this Article.
(b) opt Assuming the factors listed below are equal, Classification Seniority shall govern when it is necessary to receive a separation allowance as outlined lay off Employees. The Employer will measure and balance six (6) basic factors: availability, Company Seniority, Classification Seniority, an Employee’s work performance, training and/or work experience in Article 9.12; ordifferent classifications, and the Employees’ attendance record, provided that the Employer also has the discretion to lay off any Employee with an active final warning. If the work force is once again increased, Employees on layoff shall be recalled in reverse order of the layoff.
(c) opt For the purpose of this Article, “work performance” is intended to retireencompass such factors as: work record pertaining to an Employee’s disciplinary history such as the presence of an active “final written warning” or an Employee’s relative ranking based on objective factor/s, if eligible under such as attendance, provided in this latter case that the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); orrelative disparity due to such objective factor/s is significant and material.
(d) displace another employee who has lesser bargaining unit seniority in the same or In layoff situations, Classification Seniority shall be utilized as a lower or an identical-paying classification in the bargaining unit factor as noted above, however, if the employee originally subject to Employees being considered for layoff has have less than one (1) year of time in that particular classification affected by the ability to meet the normal requirements of the job. An employee so displaced layoff, then Company Seniority 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 rategovern.
(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-layoff situations an Employee laid off employee shall have the right to displace another employee with lesser seniority in return to a higher-paying classification previously held position, provided he/she/they are able to meet still qualified for such a position and such a position still exists and provided further he/she/they have held such a position within the normal requirements of the job, with orientation but without additional trainingprevious two (2) years.
(f) In additionAbsent a business necessity, layoffs shall be effectuated in combined fullthe following order: non- Unit Employees (such as on-time/call or temporary Employees) shall be laid off first, then Seasonal Employees, then Regular Part-Time Employees and then Regular Full-Time Employees, provided that this clause does not guarantee any particular number of regular part-time collective agreements, a or regular full-time employee shall also positions. The parties recognize that in certain situations Employees may be entitled offered a position with reduced hours to displace another full-time employee with lesser seniority in avoid a higher-paying classification provided that they are layoff of such Employee, until the Employer is able to meet the normal requirements of the job, conduct a new schedule pick compliant 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 employeethis Agreement.
(g) An employee who is subject Employees scheduled 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 be laid off by reason shall receive seven (7) calendar days written notice of their duties being assigned to one layoff or more part-shall be paid for days scheduled within such time employees.
(i) In the event of a layoff of an employeeperiod in lieu, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee except that probationary Employees shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the workno such notice requirement.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 9.129. 1 2; or
(c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B9.08(8); or
(d) displace d isplace another employee who has lesser bargaining unit un it 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 d isplace another employee with lesser seniority shall advise the Hospital of their his or her 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 11 % 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-full time employee shall also be entitled to displace another fullfu ll-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 14.0114 .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 be laid off by reason of their his/her duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums p remiums for the duration du ration of the five-month notice period provided for in Article 9.08(A)(a)) .
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 1 contract
Samples: Collective Agreement
Xxxxxx and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may:
(a) accept Accept the layoff; or
(b) opt Opt to receive a separation allowance as outlined in Article 9.12; or
(c) opt Opt to retire, if eligible under the terms of the Hospitals of Ontario St. Joseph’s Health Centre Pension Plan (HOOPP) as outlined in Article 9.08(B9.08(b); or
(d) displace Displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-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 Health Centre of their his or her 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-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 be laid off by reason of their his/her duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital Health Centre shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital Health Centre agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have he or she has the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Health Centre shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital Health Centre shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital Health Centre (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their his or her proper address being on record with the HospitalHealth Centre.
Appears in 1 contract
Samples: Collective Agreement
Xxxxxx and Recall. An employee in receipt (a) In case it becomes necessary to reduce the working force, the Employer will notify Employees who are to be laid off 14 calendar days prior to the layoff, and shall forward to the Union a copy of the notice of layoff pursuant forthwith, except that the 14 calendar days’ notice shall not apply where the layoff results from an Act of God, fire, flood, or a work stoppage by Employees not covered by this Collective Agreement.
(b) Where the layoff results from an Act of God, fire, flood; 14 days’ notice is not required but up to 9.08(A)(a)(iitwo (2) may:weeks’ pay in lieu thereof shall be paid to affected Employees.
(a) accept Subject to the layoff; orprovisions of Article 12.02(b), layoff shall occur in reverse order of seniority.
(b) opt to receive a separation allowance as outlined in Notwithstanding the provisions of 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 (d12.02(a), 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 Employer 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 retain Employees who would otherwise 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, laid off 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 Article 12.02
(a) and (d) above.
(h) No full-time employee within the bargaining unit shall be laid off by reason of their duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for would result in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position retaining Employees who do not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work.
(ka) In determining An Employee whose position is eliminated by the ability Employer, and such Employee is not the least senior Employee in accordance with the seniority list, shall have the right to displace a less senior Employee, or at their option, take a position which is vacant. An Employee displaced by this provision shall have the same rights as an Employee whose position is eliminated. There shall be no bumping other than within the facility Employee group covered by certificate No. 20-98.
(b) Where an Employee exercising their rights in 12.03
(a) is reassigned to a lower classification, such Employees’ rate of pay shall not be reduced until such time as the rate of the classification in which they are employed exceeds that of the Employee.
(a) When increasing the workforce, recalls shall be carried out in order of seniority provided the Employee can perform the required work satisfactorily. Such recall shall apply only to work periods of 14 calendar days’ duration or longer.
(b) When the work period is for a shorter duration, the Employer shall offer such work to laid off Employees in order of their seniority before offering the work to a Casual Employee. An Employee on layoff shall have the right to refuse an employee offer of work period of 14 calendar days or less without adversely affecting their recall status.
(c) The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence. The Employee so notified shall return to work as soon as possible not later than five (5) days following the date of the telephone call or the date the letter registered.
12.05 No new Employees shall be hired while there are other Employees on layoff as long as laid off Employees are ready, willing and able to perform the work required.
12.06 Employees laid off, may with the assistance of or through the Employer, make arrangements for payment of the full premiums of the benefits.
12.07 Other than for the purposes continuance of seniority, discipline, grievance and arbitration rights and rights and benefits arising under this Article, an Employee’s rights while on layoff shall be limited to the paragraphs above, the Hospital shall not act in an arbitrary or unfair mannerright of recall.
(l) An employee recalled to work in 12.08 The employment of an Employee shall be considered terminated when they do not return from layoff as required, or has been on layoff for a different classification from which they were laid off shall have the privilege period of returning to the position held prior to the layoff should it become vacant within six (6) 12 months of without being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 1 contract
Samples: Collective Agreement
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 bargainingunit seniority in the same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject originallysubject 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 his or her 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 1within1% 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 be laid off by reason of their duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which they were laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 1 contract
Samples: Collective Agreement
Xxxxxx and Recall. An employee in receipt of notice of layoff pursuant to 9.08(A)(a)(ii) may:
(a) accept If there is a staff reduction by the layoff; orCity within the 3888 bargaining unit, employees shall be laid off by Division, in reverse order of seniority provided that the remaining employees have the skill, ability and qualifications to perform the work required.
(b) opt The employee to receive be laid off from the Division shall have preference for any suitable vacant position available at that time for which he or she is qualified. The City will provide the employee who selects a separation allowance vacant position with the opportunity to obtain training as outlined in Article 9.12; ormay be required to complement existing skills provided the training shall not exceed six (6) months.
(c) opt to retireIf the employee does not take any suitable vacant position, if eligible under he or she may be laid off immediately or identify the terms of lowest ranked position in another Division for which he or she is immediately qualified, or for which he/she qualifies with a thirty (30) day familiarization, and in which there is an employee with less seniority. He or she may bump from that identified position the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); ormost junior employee. This employee shall be laid off from the City.
(d) displace When an employee to be laid off under clause (c) is above the rank of First Class Fire Fighter, the employee may identify the junior person in another employee who has lesser bargaining unit seniority in Division holding the same rank for which he or she is immediately qualified, or for which he/she qualifies with 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 thirty (730) 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 rateday familiarization period.
(e) In If the event that there are no employees with lesser seniority employee originally laid off from the Division is to be reduced in salary as a result of selecting a suitable vacant position or bumping into a job in another Division, his or her salary earned immediately prior to the same layoff shall be maintained for up to twenty-four (24) months from the date of taking the suitable vacant position or a lower or identical-paying classificationbumping. Thereafter, as defined in this article, a laid-off the employee shall have be paid the right to displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements salary of the job, with orientation but without additional trainingposition occupied.
(f) In additionAn employee reduced in rank due to lay-off, 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 and who held the normal requirements rank of the job, with orientation but without additional training, when there are no other full-time employees in the same First Class Fire Fighter or a lower or similar-paying classification with lesser seniority, better prior to being required to displace lay- off, shall not, as a part-time employeeresult of this provision, be reduced in rank below First Class Fire Fighter.
(g) An Notwithstanding the promotion provisions of this Collective Agreement, an employee who is subject demoted as a result of staff reductions shall be the first to layoff other than be re-promoted to his/her previous position when 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 vacancy occurs in accordance with (a) and (d) abovethat specific Division.
(h) No fullProvided that no more than two years have elapsed from the date of lay-time employee within the bargaining unit off, such employees shall be laid off by reason of their duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided they have the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which order of seniority provided they were laid off shall have are qualified for the privilege of returning to vacancy. The City will provide the position held prior to employee with the layoff should it become vacant within six (6) months of being recalled.
(m) No new employees shall be hired until all those laid off have been given an opportunity to return obtain familiarization as may be required to work and have failed to do so, in accordance with complement existing skills provided the loss of seniority provision, or have been found unable to perform the work availablefamiliarization does not exceed thirty (30) days.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Hospital.
Appears in 1 contract
Samples: Memorandum of Agreement