Common use of Xxxxxx and Recall Clause in Contracts

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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months from the date of layoff. 34.10 Members on recall shall be eligible for appointments in accordance with Article 16 – Job Postings and Appointments. A member on recall who accepts a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result in the members’ loss of seniority, removal from the recall list and the member will be deemed to have resigned from the University, as per Article 15.07 (d). 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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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 it becomes necessary to reduce the number of layoffsemployees in any job classification, the University will: identify will make every attempt to achieve such reduction through normal attrition. If such a reduction cannot be achieved by normal attrition, the University will make every effort to offer the affected Bargaining Unit position(s) employees available positions in the bargaining unit comparable to the Bargaining Unit in writing; and notify each affected member in writing. b. If there is only one (1) member positions these employees held prior to the reduction, in an effort to avoid layoffs and demotions. In addition the University will meet with the Union to discuss possible actions such as counseling or training which may be appropriate to the affected Bargaining Unit position then that member employees in order to provide the opportunity to apply for other Library or University positions. If a layoff is necessary, employees within the affected job classification shall be declared surplus. c. If there is more than one (1) member laid off from the following categories, subject to ability to perform available work, in the designated sequence: First - Probationary employees 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; iiclassification. 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 no vacant position for which the member is qualified, then; ii. To fill one or more Second - Regular part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a and full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job affected classification oraccording to the bargaining unit seniority as defined in Article VIII, if there are no members Section A. In any layoff situation the affected employee who are more junior and/or who hold is offered another position may be offered the position on a trial basis. The trial period will be three months with an option to extend to six months depending on supervisory evaluation. When a position for which is affected by layoff, the member is qualified, then; v. To fill a full-time vacant position senior employee in the next lowest job affected classification or, if there is no vacant has seniority rights within classification to a position for which the member is qualified, then; viof comparable duty time. To fill one or more If a regular part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a or full-time employee is in an affected classification, and the position is the only one in the next lowest job classification orclassification, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been declared surplus shall be given the opportunity, in order of seniority, considered to be placed in a vacant position or exercise bumping have seniority rights in the following order: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which grade level subject to the member is qualified, then;following: ii1. To bump a part-time the employee within has the same job classification or, if there are no members who are more junior and/or who hold a position for which ability to do the member is qualified, then; iii. To fill a part-time vacancy work in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job another classification. c. A member 2. the employee successfully completes a trial period which is three months, extendable to six months, based on the supervisor's evaluation. An employee in this situation may not displace another member whose position have only one trial period. If it is funded unsuccessful, the employee is then laid off. The original incumbent may then be recalled by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and Library Administration. Employees who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given recalled in inverse order of layoff, subject to ability to perform available work. Employees to be recalled shall be notified in writing at their last known address as on file at the Office of Human Resources. A copy of such notice shall be forwarded to the Union. Employees to be recalled shall accept the rehiring within three (3) days after receipt of notice and shall report for work within fourteen (14) days after notice of rehire, and no new employee shall be hired into a position in the bargaining unit until the list of qualified former employees on layoff has been exhausted. Time limits for recall may be extended by the mutual agreement of both parties. An employee's right to recall shall cease one (1) week for each year after date of service to a maximum layoff. An employee shall not be laid off without advance notice of thirteen (13) weeks. The University may elect to termination, or pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months from the date of layoff. 34.10 Members on recall shall be eligible for appointments in accordance with Article following schedule: 1st year/31 days into probationary period* 2 weeks 2nd and 3rd years 4 weeks 4th and 5th years 6 weeks 6th and 7th years 8 weeks 8th thru 10th years 10 weeks 11th thru 15th years 12 weeks 16th thru 20th years 16 – Job Postings and Appointments. A member on recall who accepts a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result in the members’ loss of seniority, removal from the recall list and the member will be deemed to have resigned from the University, as per Article 15.07 (d). 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the weeks 21st thru 25th years 24 weeks 26th year + Individual consideration The University will pay severance notify the Union in accordance advance of any planned layoff or recall and will meet with the Employment Standards ActUnion to discuss the layoff and recall. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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. A. In the event the Board determines that it is necessary to reduce the number of layoffsemployees within the bargaining unit, the University will: identify the affected Bargaining Unit position(s) to the Bargaining Unit in writing; and notify each affected member in writing.following procedure will be followed: b. If there is only one (1) member in an affected Bargaining Unit position then that member . The Union shall be declared surplus. c. If there is more than one notified at least thirty (130) 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 calendar days prior to any reduction being implemented. A representative of date of hire; ii. Members who OAPSE shall 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 meet with the most junior employeeSuperintendent to discuss such reduction. 2. The appropriate supervisor exercise of bumping rights under this Article and Article 15 shall occur at 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 bump meeting which shall be accompanied attended by any potentially impacted employees at a mutually agreeable time as determined by the OAPSE President of and the Union or their designateSuperintendent/designee, acting as an observer. Employees will be available to be interviewed within and no later than five (5) calendar days prior to the implementation of receiving the request for RIF. If there are any vacant positions within the interviewclassification impacted by the RIF, unless otherwise mutually agreedsuch positions shall be filled pursuant to the procedure set forth in Article 13 prior to the implementation of the RIF. It System seniority shall be used to bump. At such bump meeting, an employee whose position is understood that the surplus employee must abolished shall have the ability right to choose a building and qualifications to perform bump (a) 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 least senior employee within the same job classification orand the same work hours (see appendix 1-B), if there is no vacant position for which or (b) a less senior employee within the member is qualifiedsame classification and building with fewer work hours (see appendix 1-B), then; ii. To fill one or more with the only exception being that a part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To employee may not bump a full-time employee. Any employee within so displaced shall have the same job displacement rights at the bump meeting. 3. At such bump meeting, any employee who is displaced from a classification or, if there are no members who are more junior and/or who hold may choose a position for which the member is qualified, then; iv. To building and bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position less senior employee in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies lower classification(s) in the next lowest job classification or, if there is no vacant position for which series with the member is qualified, then; vii. To only exception being that a part- time employee may not bump a full-time employee. Any employee so displaced shall have the same bumping rights. 4. An employee whose position has been abolished or who has been displaced may bump into a different classification series subject to the following: a. Said employee must have previously worked in the next lowest job that classification or, if there are no members who are more junior and/or hold series in a position for which the member is qualified, then;bargaining unit position. viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus b. Said employee may only accept more than one part-time bump into his/her former classification in that series or a lower classification in that series. c. An employee may only bump into the former classification series if he/she has no other position if to bump into according to A 2 or 3; and the scheduling bump resulting from A 2 or 3 has resulted in a reduction of annual salary (regular earnings) and the positions move into the former classification series allows for it. b. In accordance greater annual salary with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump only exception being that a part-time employee within may not displace a full- time employee. d. An employee who meets the same job criteria in 4 a-c above may bump into a former classification or, if there are no members who are more junior and/or who hold series as follows: 1.) Employee may bump a position for which the member is qualified, then; iii. To fill a part-time vacancy less senior employee in the next lowest job highest classification orin which he/she previously was employed, if there is no vacant position for which seniority permitting, with the member is qualified, then; iv. To bump only exception being that a part-time employee may not displace a full-time employee. 2.) If an employee is unable to bump as in d.1. above, the employee may bump a less senior employee in the next lowest job classification. c. A member lower classification(s) in the series, with the only exception being that a part-time employee may not displace another member whose position is funded by a research grant full-time employee. Any employee displaced as a result of d.1. or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affectedd.2. shall have full displacement rights beginning with A 2. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 5. An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall not have the right to be recalled for twenty-four (24) months from the date of layoff. 34.10 Members on recall shall be eligible for appointments in accordance with Article 16 – Job Postings and Appointments. A member on recall who accepts a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond within seven (7) calendar days will displace an employee which would result in the members’ loss of seniority, removal benefit package going from the recall list and the member will be deemed part-time to have resigned from the University, as per Article 15.07 (d)full-time. 34.11 A member on the recall list 6. Employees who accepts a temporary position (Article 20) shall retain all rights of recall bump to a permanent position until lower classification shall be paid at their same step of the member’s recall rights expire under Article 34.09new classification. 34.12 If 7. An employee who is displaced or bumped into a member’s recall rights expire position resulting in accordance with Article 34.09 the University will pay severance a reduction in accordance with the Employment Standards Actannual salary (regular earnings) may elect to be laid-off. 34.13 A member on recall shall have 8. Notwithstanding the right to refuse a position if procedures set forth above, for Special Education I & II positions which are eliminated after the position being offered is not of equal or greater time and/or classification to their original position. Howeverfirst 30 student days, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University and shall be removed from the recall list. 34.14 A full-time employee who loses half of their holding such position shall have the right to bump (a) the lease senior employee within the same classification and the same work hours (see appendix 1-B), or (b) a less senior employee within the same classification with fewer work hours (see appendix 1-B), with the only exception being that a part-time employee may not bump a full-time employee. Any employee so displaced shall have bumping rights as set forth above. Any employee who is displaced from a classification may choose to either bump a less senior employee in the next lower classification(s) in the classification series with the only exception being that a part-time employee may not bump a full-time employee. Any employee so displaced shall have the same displacement rights. Prior to the start of the next school year in which this provision was exercised, the process will be placed on repeated, however the recall list or, if they choose, to exercise their effected employee(s) bumping rights under Article 34.09shall be the same as all other employees (i.e. Section (A. 2. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application ) of this Articlearticle).

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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 shiftsworking days. 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viiixxxx. To Xx bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position positions if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx i. To fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affectedfunding. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months from the date of layoff. 34.10 Members on recall shall be eligible for appointments in accordance with Article 16 - Job Postings and Appointments. A member on recall who accepts a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result in the members’ loss of seniority, removal from the recall list and the member will be deemed to have resigned from the University, as per Article 15.07 (d). 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 34.08 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University terminated and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Articlearticle.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. 34.01 19.01 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 the work force or a reduction in the hours of work per week which is expected to last for more than two weeks. Transfer of staff from one (1) month. 34.02 The provisions of this Article work site to another, due to a change in staffing requirements, shall not be deemed a layoff. This article shall not apply in to layoffs which result from the following situations: a. When an employee’s appointment is for Christmas Break, Winter Break and Summer Break periods which pertain to Members engaged to work on a limited duration of two (2) years or less and the appointment expires and is not renewedschool-year basis. b. When a seasonal employee is laid-off for the portion of the year 19.02 The Board agrees that in which they are normally not employed. a. In the event of layoffsa layoff, 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 Members of a job classification will be declared surplus in the following order: i. Probationary members laid off in reverse order of date of hire; iiseniority in the Bargaining Unit, and shall continue to accumulate seniority for up to eighteen (18) months while on layoff. Members who have completed their probationary period Ties 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted broken as follows: a. If a) the member’s current salary is greater than total hours worked in temporary or replacement positions with the range maximum for Board, or one of its predecessor Boards, within the new position their current salary shall be red circled twelve (i.e. maintained at the current rate12) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced months previous to the range maximum for date of permanent hire; and then b) by lot drawn by the position they acquired through Director or designate in the layoff processpresence of a Bargaining Unit representative. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members 19.03 Such Member shall have the right to be recalled for twenty-four (24) months from choice of accepting the date of layoff. 34.10 Members on recall shall be eligible for appointments layoff or bumping a Member with less seniority in accordance with Article 16 – Job Postings and Appointments. A member on recall who accepts the same wage rate level or in a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond lower wage rate level within seven (7) calendar days of receiving notice of layoff, provided that Member concerned has the suitable skills, abilities, qualifications and past work records to perform the job. 19.04 Such Member will result receive the wage rate of the new position, closest to but not lower than the Member’s current wage rate. The Member will then move through the new grid according to the experience obtained in the members’ loss of senioritythat new position, removal starting from the recall list and Member’s initial position on the member will be deemed to have resigned from the University, as per Article 15.07 (d)new grid. 34.11 A member on 19.05 Notwithstanding 19.04, if the recall list who accepts highest wage rate for the new classification level is lower than the Member’s current wage rate, after six (6) months, the Member shall be paid at the highest wage rate within the new classification. For the first six (6) months following transfer, a temporary position (Article 20) Member shall retain all rights of recall to not receive a permanent position until the member’s recall rights expire under Article 34.09reduction in hourly wage rate. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall 19.06 Members who have changed positions under this article shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification opportunity for reinstatement to their original former position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminatedif such becomes available, through the voluntary transfer process under Article 12. 19.07 The Member reinstated through 19.06 shall be deemed to reinstated at the wage rate that would have resigned from the University and been attained had there been no change of position. 19.08 Permanent Members shall be removed from notified of layoff at least two (2) weeks prior to the recall listeffective date, unless legislation is more favourable to the employees. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Agreement

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 shiftsworking days. 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viiixxxx. To Xx bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position positions if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx i. To fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months from the date of layoff. 34.10 Members on recall shall be eligible for appointments in accordance with Article 16 - Job Postings and Appointments. A member on recall who accepts a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result in the members’ loss of seniority, removal from the recall list and the member will be deemed to have resigned from the University, as per Article 15.07 (d). 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University terminated and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. 34.01 19.01 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 the work force or a reduction in the hours of work per week which is expected to last for more than two weeks. Transfer of staff from one (1) month. 34.02 The provisions of this work site to another, due to a change in staffing requirements, shall not be deemed a layoff. This Article shall not apply in to layoffs which result from the following situations: a. When an employee’s appointment is for Christmas Break, Winter Break and Summer Break periods which pertain to Members engaged to work on a limited duration of two (2) years or less and the appointment expires and is not renewedschool‐year basis. b. When a seasonal employee is laid-off for the portion of the year 19.02 The Board agrees that in which they are normally not employed. a. In the event of layoffsa layoff, 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 Members of a job classification will be declared surplus in the following order: i. Probationary members laid off in reverse order of date of hire; iiseniority in the Bargaining Unit, and shall continue to accumulate seniority for up to eighteen (18) months while on layoff. Members who have completed their probationary period Ties 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted broken as follows: a. If a) the member’s current salary is greater than total hours worked in temporary or replacement positions with the range maximum for Board, or one of its predecessor Boards, within the new position their current salary shall be red circled twelve (i.e. maintained at the current rate12) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced months previous to the range maximum for date of permanent hire; and then b) by lot drawn by the position they acquired through Director or designate in the layoff processpresence of a Bargaining Unit representative. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members 19.03 Such Member shall have the right to be recalled for twenty-four (24) months from choice of accepting the date of layoff. 34.10 Members on recall shall be eligible for appointments layoff or bumping a Member with less seniority in accordance with Article 16 – Job Postings and Appointments. A member on recall who accepts the same wage rate level or in a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond lower wage rate level within seven (7) calendar days of receiving notice of layoff, provided that Member concerned has the suitable skills, abilities, qualifications and past work records to perform the job. 19.04 Such Member will result receive the wage rate of the new position, closest to but not lower than the Member’s current wage rate. The Member will then move through the new grid according to the experience obtained in the members’ loss of senioritythat new position, removal starting from the recall list and Member’s initial position on the member will be deemed to have resigned from the University, as per Article 15.07 (d)new grid. 34.11 A member on 19.05 Notwithstanding 19.04, if the recall list who accepts highest wage rate for the new classification level is lower than the Member’s current wage rate, after six (6) months, the Member shall be paid at the highest wage rate within the new classification. For the first six (6) months following transfer, a temporary position (Article 20) Member shall retain all rights of recall to not receive a permanent position until the member’s recall rights expire under Article 34.09reduction in hourly wage rate. 34.12 If a member’s recall rights expire in accordance with 19.06 Members who have changed positions under this Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification opportunity for reinstatement to their original former position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminatedif such becomes available, through the voluntary transfer process under Article 12. 19.07 The Member reinstated through 19.06 shall be deemed to reinstated at the wage rate that would have resigned from the University and been attained had there been no change of position. 19.08 Permanent Members shall be removed from notified of layoff at least two (2) weeks prior to the recall listeffective date, unless legislation is more favourable to the employees. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Agreement

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Xxxxxx and Recall. 34.01 24.01 A layoff is defined as the elimination of a Bargaining Unit position or an ongoing reduction in regularly scheduled hours of work for a Bargaining Unit position. For the purpose of this Article “ongoing reduction” shall be defined as a reduction in hours of for more than one (1) monthmonth in a twelve (12) month period. 34.02 24.02 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. 24.03 In the event of layoffs, the University will: will identify the affected Bargaining Unit position(s) to the Bargaining Unit and the affected member(s) in writing; . The Parties shall meet in advance of the layoff(s) to discuss options to minimize the impact of the layoffs and notify each bumping. If the Parties do not agree the University shall have the right to layoff the affected member in writingmember(s) and follow the provisions of Article 24.04. 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 24.04 Members who are within the same department then those members laid off will be declared surplus given the following opportunities in the following order: i. Probationary members a. The affected member will be given a preference in reverse order hiring over external candidates for any Bargaining Unit position posted at the time of date of hirelayoff for which the affected member is qualified. The Employer may utilize a qualified member on layoff to temporarily fill a vacancy during the posting process; ii. Members b. If there is no such position available, the affected member will be entitled to bump the most junior Bargaining Unit member who have completed their probationary period in order of seniority beginning with holds a Bargaining Unit position for which the least senior member.affected member is qualified; 34.04 In accordance with Article 34.05, a c. If there is no other Bargaining Unit member who is declared surplus shall junior to the affected member and who holds a position for which the affected member is qualified, the affected member will be given the opportunity to fill a vacant preference in hiring for any Bargaining Unit position or displace that is subsequently posted and for which the most junior employee. The appropriate supervisor and a Human Resources representative will evaluate the ability and qualifications of the surplus affected 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 agreedis qualified. 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 provisions 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months from the date of layoff. 34.10 Members on recall shall be eligible for appointments in accordance with Article 16 – Job Postings and Appointments. A member on recall who accepts a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result in the members’ loss of seniority, removal from the recall list and the member will be deemed to have resigned from the University, as per Article 15.07 (d). 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Agreement

Xxxxxx and Recall. 34.01 A layoff is defined as 170 In recognition of the elimination small number of a position or an ongoing reduction supervisory positions within the Department of Public Safety and the long-term and short-term benefits to the University and employees which may result from permitting more senior higher ranked employees to have preference for retention in regularly scheduled hours the event 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 staff, the following situationsparties have agreed as follows: 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. 171 1. In the event the University determines it is necessary to reduce the number of layoffsemployees or discontinue a position within the Department of Public Safety to which a member of its non-bargaining unit or bargaining unit work force is assigned, the University will: identify shall first determine which non-bargaining unit employees, if any, shall be laid off. Should the affected Bargaining Unit position(s) University deem it necessary to layoff a non-bargaining unit employee and, further, elect to reassign such non-bargaining unit person to a position covered by the Bargaining Unit terms of this Agreement in writing; lieu of direct layoff, such person shall be credited with seniority as if he/she were a regular bargaining unit employee, in accordance with Section A above, and notify each affected member in writing.shall be placed on the bargaining unit seniority list. The University shall then determine its desired staffing levels within the bargaining unit. If reductions within the bargaining unit are deemed necessary, the following order of work force reduction shall apply: b. If there is only one (1) member 172 a. Any temporary employees 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 bargaining unit classification will be declared surplus in terminated prior to the following order: i. Probationary members in reverse order layoff of date of hirea bargaining unit employee; ii. Members who have completed their 173 b. Any probationary period employees in order an affected bargaining unit classification will be terminated prior to the layoff of a seniority beginning employee; and, 174 c. The employee(s) with the least senior memberseniority on the bargaining unit seniority list, in an affected classification, shall be the first to be laid off and so forth on down the list until the desired staffing level is attained. 34.04 In accordance 175 2. When the work force is increased after a layoff, employees with Article 34.05the most seniority in an affected classification shall be the first to be recalled, provided the greater seniority employees are able to perform the available work. The University shall not be required to recall an employee to a member position higher than the position from which he/she was laid off or displaced or which he/she has not previously performed. 176 3. Any employee who is declared surplus recalled from a layoff shall be given restored his/her seniority including that which he/she otherwise would have acquired during the opportunity to fill a vacant Bargaining Unit position or displace the most junior employeeperiod of his/her layoff. 177 4. The appropriate supervisor and a Human Resources representative will evaluate the ability and qualifications Notice of the surplus member to do the job by means of either an interview or an interview and selection tests, if appropriate. The employee recall shall be accompanied sent to the employee at his/her last known address by the President of the Union or their designate, acting as certified mail. If an observer. Employees will be available employee fails to be interviewed report for work within five (5) calendar working 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months from the date of layoffdelivery of notice of recall he/she shall be considered a quit. Extensions may be granted by the University in proper cases. 34.10 Members on recall shall 178 5. Any employee exercising his/her seniority under the Layoff and Recall procedures provided above must be eligible for appointments in accordance qualified to perform the work of the employee he/she is displacing or the work of a vacant position to which he/she may be assigned; such employee may be disqualified from performing such work either: 179 a. if such employee’s employment record with Article 16 – Job Postings and Appointments. A member on recall who accepts a permanent position shall the University indicates that there is no reasonable expectancy that he/she would be removed from qualified to perform the recall list. Members on recall who have been offered a position will have seven job; or, 180 b. if it is determined by the University during the first sixty (760) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result the employee has worked in the members’ loss of seniority, removal new job that such employee does not have the ability to perform the job. Any employee disqualified from the recall list a job as provided herein may then exercise his/her seniority right as herein above provided and the member employee displaced will be deemed returned to have resigned from the University, as per Article 15.07 (d)job. 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Xxxxxx and Recall. 34.01 A layoff is defined as In recognition of the elimination small number of a position or an ongoing reduction positions within the Campus Police Department and the long-term and short-term benefits to the University and employees which may result from permitting more senior higher ranked employees to have preference for retention in regularly scheduled hours the event of work for a position. For the purpose of this Article “ongoing reduction” shall be defined as a reduction in hours staff, the parties have agreed as follows: 1. In the event the University determines it is necessary to reduce the number of more than one (1) month. 34.02 The provisions employees or discontinue a position within the Campus Police Department to which a member of its non-bargaining unit or bargaining unit work force is assigned, the University shall first determine which non-bargaining unit employees, if any, shall be laid off. Should the University deem it necessary to layoff a non-bargaining unit employee and, further, elect to reassign such non- bargaining unit person to a position covered by the terms of this Article Agreement in lieu of direct lay- off, such person shall not apply be credited with seniority as if the employee were a regular bargaining unit employee, in accordance with Section A above, and shall be placed on the bargaining unit seniority list. The University shall then determine its desired staffing levels within the bargaining unit. If reductions within the bargaining unit are deemed necessary, the following situationsorder of work force reduction shall apply: a. When Any temporary employees in an affected bargaining unit classification will be terminated prior to the layoff of a bargaining unit 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 provided the Bargaining Unit in writing; employees can perform the available work and notify each affected member in writing.meet the qualifications as specified by the University; b. If there is only one (1) member any probationary employees in an affected Bargaining Unit position then that member shall classification will be declared surplus.terminated prior to the layoff of a seniority employee(s), provided the seniority employee(s) can perform the available work and meet(s) the qualifications as specified by the University; c. If there is more than one (1) member any part-time employees in the an affected Bargaining Unit position and those members are within the same department then those members classification will be declared surplus in terminated prior to the following orderlayoff of a fulltime Bargaining Unit employee(s), provided the Bargaining Unit employee(s) can perform the available work and meet(s) the qualifications as specified by the University: i. Probationary members in reverse order of date of hire; ii. Members who have completed their probationary period in order of seniority beginning d. the employee(s) with the least senior memberseniority on the Bargaining Unit seniority list, in an affected classification, shall be the first to be laid off and so forth on down the list until the desired staffing level is attained, provided the greater seniority employees are able to perform the available work and meet the qualifications as specified by the University. 34.04 In accordance 2. When the work force is increased after a layoff, employees with Article 34.05the most seniority, in an affected classification, shall be the first to be recalled, provided the greater seniority employees are able to perform the available work and meet the qualifications as specified by the University. The University shall not be required to recall an employee to a member position higher than the position from which the employee was laid off or displaced or which the employee has not previously performed. 3. Any employee who is declared surplus recalled from a layoff shall be given restored their seniority including that which the opportunity to fill a vacant Bargaining Unit position or displace employee otherwise would have acquired during the most junior employee. The appropriate supervisor and a Human Resources representative will evaluate the ability and qualifications period of the surplus member to do the job by means employee’s layoff. 4. Notice of either an interview or an interview and selection tests, if appropriate. The employee recall shall be accompanied sent to the employee at the last known address by the President of the Union or their designate, acting as certified mail. If an observer. Employees will be available employee fails to be interviewed report for work 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted as follows: a. If the member’s current salary is greater than the range maximum for the new position their current salary shall be red circled (i.e. maintained at the current rate) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced to the range maximum for the position they acquired through the layoff process. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members shall have the right to be recalled for twenty-four (24) months workdays from the date of layoffdelivery of notice of recall the employee shall be considered a quit. Extensions may be granted by the University in proper cases. 34.10 Members on recall shall 5. Any employee exercising their seniority under the Layoff and Recall procedures provided above must be eligible for appointments in accordance qualified to perform the work of the employee they are displacing or the work of a vacant position to which the employee may be assigned; such employee may be disqualified from performing such work either: a) if such employee’s employment record with Article 16 – Job Postings and Appointments. A member on recall who accepts a permanent position shall the University indicates that there is no reasonable expectancy that the employee would be removed from qualified to perform the recall list. Members on recall who have been offered a position will have seven job; or, b) if it is determined by the University during the first sixty (760) calendar days to respond in writing. Failure to respond within seven (7) calendar days will result the employee has worked in the members’ loss of seniority, removal new job that such employee does not have the ability to perform the job. Any employee disqualified from the recall list a job as provided herein may then exercise their seniority right as hereinabove provided and the member employee displaced will be deemed returned to have resigned from the University, as per Article 15.07 (d)job. 34.11 A member on the recall list who accepts a temporary position (Article 20) shall retain all rights of recall to a permanent position until the member’s recall rights expire under Article 34.09. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification to their original position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminated, shall be deemed to have resigned from the University and shall be removed from the recall list. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Xxxxxx and Recall. 34.01 19.01 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 the work force or a reduction in the hours of work per week which is expected to last for more than two weeks. Transfer of staff from one (1) month. 34.02 The provisions of this Article work site to another, due to a change in staffing requirements, shall not be deemed a layoff. This article shall not apply in to layoffs which result from the following situations: a. When an employee’s appointment is for Christmas Break, Winter Break and Summer Break periods which pertain to Members engaged to work on a limited duration of two (2) years or less and the appointment expires and is not renewedschool- year basis. b. When a seasonal employee is laid-off for the portion of the year 19.02 The Board agrees that in which they are normally not employed. a. In the event of layoffsa layoff, 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 Members of a job classification will be declared surplus in the following order: i. Probationary members laid off in reverse order of date of hire; iiseniority in the Bargaining Unit, and shall continue to accumulate seniority for up to eighteen (18) months while on layoff. Members who have completed their probationary period Ties 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 no vacant position for which the member is qualified, then; ii. To fill one or more part-time vacancies within the same job classification or, if there is no vacant position for which the member is qualified, then; iii. To bump a full-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iv. To bump one or more part-time employees in the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; v. To fill a full-time vacant position in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vi. To fill one or more part-time vacancies in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; vii. To bump a full-time employee in the next lowest job classification or, if there are no members who are more junior and/or hold a position for which the member is qualified, then; viii. To bump one or more part-time employees in the next lowest job classification. With respect to Article 34.05 (a)(ii), (a)(iv), (a)(vi), and (a)(viii) a surplus employee may only accept more than one part-time position if the scheduling of the positions allows for it. b. In accordance with Article 34.04, a part-time member who has been 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: x. Xx fill a part-time vacancy within the same job classification or, if there is no vacant position for which the member is qualified, then; ii. To bump a part-time employee within the same job classification or, if there are no members who are more junior and/or who hold a position for which the member is qualified, then; iii. To fill a part-time vacancy in the next lowest job classification or, if there is no vacant position for which the member is qualified, then; iv. To bump a part-time employee in the next lowest job classification. c. A member may not displace another member whose position is funded by a research grant or another source of external funding in circumstances where the research and/or the research grant/external funding will be negatively affected. d. Members who have been declared surplus and who are unable or unwilling to displace another member shall be placed on the recall list. 34.06 An employee who loses their position during this process outlined in Article 34.05 will follow the same procedures to obtain a new position. 34.07 A member who is to be laid off shall be given notice of one (1) week for each year of service to a maximum of thirteen (13) weeks. The University may elect to pay an amount equivalent to the notice period in lieu of notice. 34.08 Members who are declared surplus and, as a result, assume a position in a lower job classification shall have their salary adjusted broken as follows: a. If a) the member’s current salary is greater than total hours worked in temporary or replacement positions with the range maximum for Board, or one of its predecessor Boards, within the new position their current salary shall be red circled twelve (i.e. maintained at the current rate12) for a period of up to one (1) year. After a one (1) year period, the member’s salary shall be reduced months previous to the range maximum for date of permanent hire; and then b) by lot drawn by the position they acquired through Director or designate in the layoff processpresence of a Bargaining Unit representative. b. If the member’s current salary is less than or equal to the range maximum for the new position their current salary shall be maintained and they shall progress on the salary grid for the new position they acquired through the layoff process in accordance with the terms of this Agreement. 34.09 Members 19.03 Such Member shall have the right to be recalled for twenty-four (24) months from choice of accepting the date of layoff. 34.10 Members on recall shall be eligible for appointments layoff or bumping a Member with less seniority in accordance with Article 16 – Job Postings and Appointments. A member on recall who accepts the same wage rate level or in a permanent position shall be removed from the recall list. Members on recall who have been offered a position will have seven (7) calendar days to respond in writing. Failure to respond lower wage rate level within seven (7) calendar days of receiving notice of layoff, provided that Member concerned has the suitable skills, abilities, qualifications and past work records to perform the job. 19.04 Such Member will result receive the wage rate of the new position, closest to but not lower than the Member’s current wage rate. The Member will then move through the new grid according to the experience obtained in the members’ loss of senioritythat new position, removal starting from the recall list and Member’s initial position on the member will be deemed to have resigned from the University, as per Article 15.07 (d)new grid. 34.11 A member on 19.05 Notwithstanding 19.04, if the recall list who accepts highest wage rate for the new classification level is lower than the Member’s current wage rate, after six (6) months, the Member shall be paid at the highest wage rate within the new classification. For the first six (6) months following transfer, a temporary position (Article 20) Member shall retain all rights of recall to not receive a permanent position until the member’s recall rights expire under Article 34.09reduction in hourly wage rate. 34.12 If a member’s recall rights expire in accordance with Article 34.09 the University will pay severance in accordance with the Employment Standards Act. 34.13 A member on recall 19.06 Members who have changed positions under this article shall have the right to refuse a position if the position being offered is not of equal or greater time and/or classification opportunity for reinstatement to their original former position. However, a member who refuses a position that is equal or greater time and classification shall have their seniority terminatedif such becomes available, through the voluntary transfer process under Article 12. 19.07 The Member reinstated through 19.06 shall be deemed to reinstated at the wage rate that would have resigned from the University and been attained had there been no change of position. 19.08 Permanent Members shall be removed from notified of layoff at least two (2) weeks prior to the recall listeffective date, unless legislation is more favourable to the employees. 34.14 A full-time employee who loses half of their position shall have the right to choose to either be placed on the recall list or, if they choose, to exercise their rights under Article 34.09. 34.15 Nothing in this article precludes the right of a member to file a grievance regarding the application of this Article.

Appears in 1 contract

Samples: Collective Agreement

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