Common use of Bumping Clause in Contracts

Bumping. (a) Regular employees who receive notice of layoff shall have the right to bump employees with less seniority, providing the bump would not constitute a promotion. (b) The right to bump, subject to (a) above, shall be exercised in the following order: (1) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bump, the same procedure will be applied at each lower pay level. (c) Regular Employees who are bumped as a result of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.

Bumping. (a) Regular Displaced employees who receive notice of layoff shall have the right chosen not to select an available vacancy, or do not have ac- cess to a vacancy, can elect to bump employees to a posi- tion in line with less seniority, providing the bump would not constitute a promotionseniority (subject to 2(c) below). (b) The right to In the event that the Employer deems that the displaced employee is not qualified for the cho- sen bump, subject the Employer shall provide the usual unit orientation, education and training to the nurse provided that such usual unit orientation, education and training does not exceed six (a6) aboveweeks or as mutually agreed. After the nurse has successfully completed the usual unit ori- entation, education and training, the nurse will be deemed qualified for the position by the Em- ployer. Nurses who elect to bump into a spe- cialty position must possess the required edu- cation. Throughout the term of the nurse’s edu- cation and training and until the nurse has commenced employment in their new posi- tion, the Employer shall be exercised in continue to pay the following order: (1) The employee with the least seniority nurse at the same pay level for whose wage rate as that of their previous position he/she has and continue to provide benefits. This option is only available to displaced employees once per layoff. If a displaced employee is unsuccessful following the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bumpoptions, the same procedure employee will be applied at each lower pay levelrequired to bump into a comparable position. (c) Regular Displaced employees will choose a position to bump into by designating: (i) the FTE; (ii) the unit/department/program (program for community nurses only); and (iii) the shift pattern. Shift patterns are identi- fied as days/evenings; days/nights; eve- nings/nights; days; nights; or evenings. They will then bump to the position held by the junior employee with the designat- ed FTE, shift pattern and unit/department/ program (program for community nurses only). Employees who are bumped as a result will be served displacement notice and treated in accordance with the provisions of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionArticle 19.01(B). (d) It is agreed that where an employee exercises their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position.Worksite Bumping (e) It is agreed that Bumping outside of the probation/trial period specified in Clause 31.6 - Trial Period will apply worksite where applicable (i) Should a displaced employee not be able to employees moving bump into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job position that is comparable, and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does they do not have the necessary seniority or qualifications volunteer to bump into a second timenon-comparable position, or he/she has proven to be unsatisfactory in the second job, he/she they will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall exhaust- ed their bumping options at the worksite and may exercise their bumping rights, as above, at other Employer worksites. (ii) A comparable position will be defined as a posi- tion that is: (a) within a field of practice sharing a com- mon clinical focus (e.g.: medical, surgical, extended care, intensive care, psychiat- ric care, etc.) with the employee’s pre-dis- placement field of practice; (b) +/- 0.2 FTE of the employee’s pre-dis- placement FTE; and (c) does not require the employee to change their status; and (d) within their pre-displacement wage rate.

Bumping. (aIn instances where a job is eliminated, the displaced employ- ee(s) Regular employees who receive notice of layoff shall have the right to transfer to a job in line with sen- iority in the manner prescribed below, provided the employ- ee currently possesses the capability and qualifications to perform the duties of the new job. A meeting will be arranged between the displaced employee and the employer representative to review the displaced employee’s options. The employee will be made aware of her/his right to have a ▇▇▇▇▇▇▇ present. ▇▇▇▇▇▇▇ availabili- ty will not result in a delay of the displacement meeting. Employees may not bump employees with less seniorityinto a position which results in a promotion except in the following circumstances: • the promoted position sought is one previously held by the employee; or • the result of the promotion is one grade difference; or • the promoted position sought is supervisory and is equiv- alent to the employee’s eliminated supervisory position. Article 10.01 (b) is applied to bumps into promoted posi- tions. Employees who choose to bump into a lower grade level than that which is available to them shall not be entitled to wage protection (e.g. if a grade VI could bump a grade V and chooses to bump a grade Ill, providing then they shall not have their wage rate protected). (1) An employee exercising a right to bump another employee must advise the Employer within seven (7) calendar days after receiving the seniority list referred to in subsection (2) of his or her intention to bump would an employee at the same worksite or bump an employee at a different worksite within the Dovetailed Seniority List Area (see definitions). The Dovetailed seniority list shall include the follow- ing information: • worksite, • seniority date for regular employees, • FTE, and • grade. (2) An employee who has received a displacement notice must decide whether to bump another employee, with- in the time set out in subsection (1), after receiving from the employer a list of the positions on the same seniority list. (3) An employee making a decision under subsection (2) may, bump an employee at their worksite who occu- pies a comparable position in a classification that entails performing duties the bumping employee is qualified to perform and capable of performing. (a) An employee who does not constitute have an option under paragraph (3) above may bump a promotion.junior employ- ee at their worksite who occupies a position that entails performing duties the bumping employee is qualified to perform and capable of performing or (b) The An employee may bump the most junior employ- ee of any worksite in the dovetailed seniority list area who occupies a comparable position that entails performing duties the bumping employee is qualified to perform and capable of perform- ing. (See definition of Dovetailed Seniority List Area in the Definitions Section.) (5) An employee who fails to exercise his or her right to bump, subject bump another employee under this Article may be laid off any time after seven (7) calendar days from the date on which the employee received the seniority list referred to (a) above, shall be exercised in the following order: (1) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; paragraph (2) If (1) above does not result in a successful bumpor at the expiry of the employee’s notice period, the same procedure will be applied at each lower pay levelwhichever is later. (c6) Regular Employees who are bumped as An employee may opt, within their notice period, to express an interest in an “unfilled vacancy” or be placed on recall and have her name placed on a result of (1) and (2) above, shall have casual list at any one worksite within the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumpingDovetailed Seniority List Area. In the event the employee proves latter circumstance, her seniority will be transferred to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid offworksite. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.

Bumping. (a) Regular Displaced employees who receive notice of layoff shall have the right chosen not to select an available vacancy, or do not have access to a vacancy, can elect to bump employees to a position in line with less seniority, providing the bump would not constitute a promotionseniority (subject to 2(c) below). (b) The right to In the event that the Employer deems that the displaced employee is not qualified for the chosen bump, subject the Employer shall provide the usual unit orientation, education and training to the nurse provided that such usual unit orientation, education and training does not exceed six (a6) aboveweeks or as mutually agreed. After the nurse has successfully completed the usual unit orientation, education and training, the nurse will be deemed qualified for the position by the Employer. Nurses who elect to bump into a specialty position must possess the required education. Throughout the term of the nurse's education and training and until the nurse has commenced employment in their new position, the Employer shall be exercised in continue to pay the following order: (1) The employee with the least seniority nurse at the same pay level for whose wage rate as that of their previous position he/she has and continue to provide benefits. This option is only available to displaced employees once per layoff. If a displaced employee is unsuccessful following the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bumpoptions, the same procedure employee will be applied at each lower pay levelrequired to bump into a comparable position. (c) Regular Displaced employees will choose a position to bump into by designating: (i) the FTE; (ii) the unit/▇▇▇▇/program (program for community nurses only); and (iii) the shift pattern. Shift patterns are identified as days/evenings; days/nights; evenings/nights; days; nights; or evenings. They will then bump to the position held by the junior employee with the designated FTE, shift pattern and unit/▇▇▇▇/program (program for community nurses only). Employees who are bumped as a result will be served displacement notice and treated in accordance with the provisions of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionArticle 19.01(B). (d) It is agreed that where an employee exercises Worksite Bumping Displaced employees will review their bumping rights options in their own worksite first and is placed follow the bumping procedures as listed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position(a)-(c) above. (e) It is agreed that Bumping outside of the probation/trial period specified in Clause 31.6 - Trial Period will apply worksite where applicable (i) Should a displaced employee not be able to employees moving bump into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job position that is comparable, and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does they do not have the necessary seniority or qualifications volunteer to bump into a second timenon-comparable position, or he/she has proven to be unsatisfactory in the second job, he/she they will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall exhausted their bumping options at the worksite and may exercise their bumping rights, as above, at other Employer worksites. (ii) A comparable position will be defined as a position that is: (a) within a field of practice sharing a common clinical focus (e.g.: medical, surgical, extended care, intensive care, psychiatric care, etc.) with the employee’s pre-displacement field of practice; (b) +/- 0.2 FTE of the employee’s pre-displacement FTE; and (c) does not require the employee to change their status; and (d) within their pre-displacement wage rate.

Bumping. (a) Regular When notified of a layoff, an employee has the following options: (i) Decline to bump and accept a layoff. (ii) Apply for a vacant position as defined in this Article and/or bump into another position within the same classification family. (Preference for employee selection shall be as defined in Article 18.) (b) Employees choosing not to accept layoff are encouraged to apply for vacant positions so as to cause the least disruption to other employees and to County operations. In the event that the employee is not successful in filling a vacant position and/or chooses to assert bumping rights, bumping shall proceed as follows *: (i) An employee with at least 5 years tenure has the following additional bumping right which may be exercised one time only. The employee may bump any one other employee in the same or lower classification within the classification family Countywide. Choice will be given among the three least senior positions for which the laid-off employee is qualified (or can become qualified for during the 90-day orientation period). The bumping employee must demonstrate that he/she meets the minimum qualifications and has the required certifications or licenses to perform the job. Employees who receive notice lack the necessary certifications or licenses and who can obtain them within the 90-day orientation period shall be permitted to bump. Definition of layoff qualifications for the purpose of the section will be described in Article 15.2(b)(vi). (ii) The employee may exercise the one-time option to bump into the same classification family and same department/program. An employee may bump any junior employee in the same classification family and same department/program. An employee need not have five years continuous service to exercise the one-time bump provided a junior employee then occupies a position in the same classification family and same department/program. An incumbent who is bumped by an employee exercising the one-time bump may in turn exercise the same right provided an employee junior to the incumbent occupies a position in the same classification family and same department/program. (iii) If an employee has tenure in a classification family other than the classification family in which the employee is currently employed, the employee shall have the option of bumping into his/her former classification family as per subsection 15.2(b)(i). (iv) If an employee chooses to bump into a position with a lower rate of pay, the employee’s pay will be adjusted to the salary range of the new position into which he/she has bumped. The employee’s former step will be maintained within the new pay range. (v) If, in the judgment of the department head, an employee cannot adequately perform the duties of the job to which he/she has seniority to bump, the employee shall be so advised within 10 calendar days of making a formal request to bump. (vi) Determination of qualifications shall be accomplished by the same process utilized in selecting the most recent employee in the position. If the employee disagrees, he/she shall have the right to bump employees with less seniority, providing refer such disagreement to the bump would not constitute a promotion. (b) The right to bump, subject to (a) above, shall be exercised review board as described in the following order: (1) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bump, the same procedure will be applied at each lower pay levelSection 15.7 within 10 calendar days. (c) Regular Employees who are bumped as a result of (1) and (2) above, shall have The employee may not bump under the same right to bump employees with less seniority, providing the bump would not constitute a promotion.following conditions: (di) It is agreed The employee has received a formal discipline under Section 12.6 of the collective bargaining agreement within the previous 12 months. As only used in this subsection, “formal discipline” means a disciplinary action that where an employee exercises their bumping rights and is placed in a temporary positionhas been finally sustained under the grievance process, the employer will make every reasonable effort to assist the employee in obtaining a regular positionif any. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.

Bumping. (ai) Regular employees who receive An employee whose position is subject to layoff or reduction of hours shall be entitled to bump a junior employee provided the employee is qualified to perform the duties of the position occupied by the junior employee. (ii) If an employee is in the process of preparing for the required qualifications at the time of notice of layoff or bumping, the employee shall have be allowed to bump provided the qualifications are achieved before the scheduled date of assuming the position. (iii) Full-time employees may bump any employee. Part-time employees may bump only part-time employees. (iv) Where a temporary position occupied by a regular employee is terminated, the employee shall revert to their previous position. (v) The employee shall exercise their bumping right by informing the Employer of choice(s) within seven (7) working days of receiving notice under (c) above. Where an employee declines to exercise their right to bump, the right shall be forfeited for that layoff or reduction. (vi) Where an employee exercises the right to bump employees with less seniorityand subsequently is unable to perform adequately the duties of the position, providing the bump would not constitute a promotion. (b) The employee shall have one further right to bump, subject to (a) above, . This bumping right shall be exercised in limited to the following order: (1) The most junior employee with the least seniority at holding the same pay level for hours or less of the bumped position, whose position he/she has the qualifications employee is qualified to do the job shall be bumped; (2) If (1) above does not result in a successful bump, the same procedure will be applied at each lower pay level. (c) Regular Employees who are bumped fill. Any layoff which occurs as a result of (1) an employee exercising this bumping right will not be restricted and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionmay occur after September 30. (dvii) It Employees must occupy their bumped position before the position is agreed considered to be theirs unless serious illness, injury or leave of absence prevents the employee from occupying that where an position. If the employee exercises cannot assume their bumped position within eight (8) weeks the bumping rights and of the employee will be deferred until such time the employee can return to work. (viii) If the employee can assume their bumped position in eight (8) weeks or less the bumping process will continue with the incumbents assuming their bumped positions. (ix) If the regular employee is placed in a temporary positionposted position at the time of bumping, the employer will make every reasonable effort to assist employee must assume the employee in obtaining a regular bumped position. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.

Bumping. (a) Regular When notified of a layoff, an employee has the following options: (i) Decline to bump and accept a layoff. (ii) Apply for a vacant position as defined in this Article and/or bump into another position within the same classification family. (Preference for employee selection shall be as defined in Article 18.) (b) Employees choosing not to accept layoff are encouraged to apply for vacant positions so as to cause the least disruption to other employees and to County operations. In the event that the employee is not successful in filling a vacant position and/or chooses to assert bumping rights, bumping shall proceed as follows *: (i) An employee with at least 5 years tenure has the following additional bumping right which may be exercised one time only. The employee may bump any one other employee in the same or lower classification within the classification family Countywide. Choice will be given among the three least senior positions for which the laid-off employee is qualified (or can become qualified for during the 90-day orientation period). The bumping employee must demonstrate that he/she meets the minimum qualifications and has the required certifications or licenses to perform the job. Employees who receive notice lack the necessary certifications or licenses and who can obtain them within the 90-day orientation period shall be permitted to bump. Definition of layoff qualifications for the purpose of the section will be described in Article 15.2(b)(vi). (ii) The employee may exercise the one-time option to bump into the same classification family and same department/program. An employee may bump any junior employee in the same classification family and same department/program. An employee need not have five years continuous service to exercise the one-time bump provided a junior employee then occupies a position in the same classification family and same department/program. An incumbent who is bumped by an employee exercising the one- time bump may in turn exercise the same right provided an employee junior to the incumbent occupies a position in the same classification family and same department/program. (iii) If an employee has tenure in a classification family other than the classification family in which the employee is currently employed, the employee shall have the option of bumping into his/her former classification family as per subsection 15.2(b)(i). (iv) If an employee chooses to bump into a position with a lower rate of pay, the employee’s pay will be adjusted to the salary range of the new position into which he/she has bumped. The employee’s former step will be maintained within the new pay range. (v) If, in the judgment of the department head, an employee cannot adequately perform the duties of the job to which he/she has seniority to bump, the employee shall be so advised within 10 calendar days of making a formal request to bump. (vi) Determination of qualifications shall be accomplished by the same process utilized in selecting the most recent employee in the position. If the employee disagrees, he/she shall have the right to bump employees with less seniority, providing refer such disagreement to the bump would not constitute a promotion. (b) The right to bump, subject to (a) above, shall be exercised review board as described in the following order: (1) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bump, the same procedure will be applied at each lower pay levelSection 15.7 within 10 calendar days. (c) Regular Employees who are bumped as a result of (1) and (2) above, shall have The employee may not bump under the same right to bump employees with less seniority, providing the bump would not constitute a promotion.following conditions: (di) It is agreed The employee has received a formal discipline under Section 12.6 of the collective bargaining agreement within the previous 12 months. As only used in this subsection, “formal discipline” means a disciplinary action that where an employee exercises their bumping rights and is placed in a temporary positionhas been finally sustained under the grievance process, the employer will make every reasonable effort to assist the employee in obtaining a regular positionif any. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.

Bumping. (a) Regular Displaced employees who receive notice of layoff shall have the right chosen not to select an available vacancy, or do not have access to a va- cancy, can elect to bump employees to a position in line with less seniority, providing the bump would not constitute a promotionseniority (subject to 2(c) below). (b) The right to In the event that the Employer deems that the dis- placed employee is not qualified for the chosen bump, subject the Employer shall provide the usual unit orientation, education and training to the nurse pro- vided that such usual unit orientation, education and training does not exceed six (a6) aboveweeks or as mutually agreed. After the nurse has successfully completed the usual unit orientation, education and training, the nurse will be deemed qualified for the position by the Employer. Nurses who elect to bump into a specialty position must possess the required education. Throughout the term of the nurse’s education and training and until the nurse has commenced employment in their new position, the Employer shall be exercised in continue to pay the following order: (1) The employee with the least seniority nurse at the same pay level for whose wage rate as that of their previous position he/she has and continue to provide benefits. This option is only available to displaced em- ployees once per layoff. If a displaced employee is unsuccessful following the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bumpoptions, the same procedure employee will be applied at each lower pay levelrequired to bump into a com- parable position. (c) Regular Displaced employees will choose a position to bump into by designating: (i) the FTE; (ii) the unit/department/program (program for com- munity nurses only); and (iii) the shift pattern. Shift patterns are identified as days/evenings; days/nights; evenings/nights; days; nights; or evenings. They will then bump to the position held by the junior employee with the designated FTE, shift pattern and unit/department/ program (program for community nurses only). Employees who are bumped as a result will be served displacement notice and treated in accordance with the provisions of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionAr- ticle 19.01(B). (d) It is agreed that where an employee exercises Worksite Bumping Displaced employees will review their bumping rights op- tions in their own worksite first and is placed follow the bump- ing procedures as listed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position(a)-(c) above. (e) It is agreed that Bumping outside of the probation/trial period specified in Clause 31.6 - Trial Period will apply worksite where applicable (i) Should a displaced employee not be able to employees moving bump into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job position that is comparable, and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does they do not have the necessary seniority or qualifications volunteer to bump into a second timenon-comparable position, or he/she has proven to be unsatisfactory in the second job, he/she they will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall exhausted their bumping options at the worksite and may exercise their bumping rights, as above, at other Employer worksites. (ii) A comparable position will be defined as a posi- tion that is: (a) within a field of practice sharing a common clinical focus (e.g.: medical, surgical, ex- tended care, intensive care, psychiatric care, etc.) with the employee’s pre-dis- placement field of practice; (b) +/- 0.2 FTE of the employee’s pre-displace- ment FTE; and (c) does not require the employee to change their status; and (d) within their pre-displacement wage rate.

Bumping. (aIn instances where a job is eliminated, the displaced employ- ee(s) Regular employees who receive notice of layoff shall have the right to transfer to a job in line with seniority in the manner prescribed below, provided the em- ployee currently possesses the capability and qualifications to perform the duties of the new job. A meeting will be arranged between the displaced employee and the employer representative to review the displaced em- ployee’s options. The employee will be made aware of her/his right to have a ▇▇▇▇▇▇▇ present. ▇▇▇▇▇▇▇ availability will not result in a delay of the displacement meeting. Employees may not bump employees with less seniorityinto a position which results in a promotion except in the following circumstances: • the promoted position sought is one previously held by the employee; or • the result of the promotion is one grade difference; or • the promoted position sought is supervisory and is equiva- lent to the employee’s eliminated supervisory position. Article 10.01 (b) is applied to bumps into promoted positions. Employees who choose to bump into a lower grade level than that which is available to them shall not be entitled to wage protection (e.g. if a grade VI could bump a grade V and chooses to bump a grade III, providing then they shall not have their wage rate protected). (1) An employee exercising a right to bump another employee must advise the Employer within seven (7) calendar days after receiving the seniority list referred to in subsection (2) of his or her intention to bump would an employee at the same worksite or bump an employee at a different work- site within the Dovetailed Seniority List Area (see defini- tions). The Dovetailed seniority list shall include the following information: • worksite, • seniority date for regular employees, • FTE, and • grade. (2) An employee who has received a displacement notice must decide whether to bump another employee, within the time set out in subsection (1), after receiving from the em- ployer a list of the positions on the same seniority list. (3) An employee making a decision under subsection (2) may, bump an employee at their worksite who occupies a com- parable position in a classification that entails performing duties the bumping employee is qualified to perform and capable of performing. (a) An employee who does not constitute have an option under para- graph (3) above may bump a promotion.junior employee at their worksite who occupies a position that entails per- forming duties the bumping employee is qualified to perform and capable of performing or (b) The An employee may bump the most junior employee of any worksite in the dovetailed seniority list area who occupies a comparable position that entails perform- ing duties the bumping employee is qualified to per- form and capable of performing. (See definition of Dovetailed Seniority List Area in the Definitions Section.) (5) An employee who fails to exercise his or her right to bump, subject bump another employee under this Article may be laid off any time after seven (7) calendar days from the date on which the employee received the seniority list referred to (a) above, shall be exercised in the following order: (1) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; paragraph (2) If (1) above does not result in a successful bumpor at the expiry of the employee’s notice period, the same procedure will be applied at each lower pay levelwhichever is later. (c6) Regular Employees who are bumped as An employee may opt, within their notice period, to express an interest in an “unfilled vacancy” or be placed on recall and have her name placed on a result of (1) and (2) above, shall have casual list at any one worksite within the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumpingDovetailed Seniority List Area. In the event the employee proves latter circumstance, her seniority will be transferred to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid offworksite. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.

Bumping. (a) Regular Displaced employees who receive notice of layoff shall have the right chosen not to select an available vacancy, or do not have access to a va- cancy, can elect to bump employees to a position in line with less seniority, providing the bump would not constitute a promotionseniority (subject to 2(c) below). (b) The right to In the event that the Employer deems that the dis- placed employee is not qualified for the chosen bump, subject the Employer shall provide the usual unit orientation, education and training to the nurse pro- vided that such usual unit orientation, education and training does not exceed six (a6) aboveweeks or as mutually agreed. After the nurse has successfully completed the usual unit orientation, education and training, the nurse will be deemed qualified for the position by the Employer. Nurses who elect to bump into a specialty position must possess the required education. Throughout the term of the nurse’s education and training and until the nurse has commenced employment in their new position, the Employer shall be exercised in continue to pay the following order: (1) The employee with the least seniority nurse at the same pay level for whose wage rate as that of their previous position he/she has and continue to provide benefits. This option is only available to displaced em- ployees once per layoff. If a displaced employee is unsuccessful following the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bumpoptions, the same procedure employee will be applied at each lower pay levelrequired to bump into a com- parable position. (c) Regular Displaced employees will choose a position to bump into by designating: (i) the FTE; (ii) the unit/department/program (program for com- munity nurses only); and (iii) the shift pattern. Shift patterns are identified as days/evenings; days/nights; evenings/nights; days; nights; or evenings. They will then bump to the position held by the junior employee with the designated FTE, shift pattern and unit/department/ program (program for community nurses only). Employees who are bumped as a result will be served displacement notice and treated in accordance with the provisions of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionAr- ticle 19.01(B). (d) It is agreed that where an employee exercises Worksite Bumping Displaced employees will review their bumping rights op- tions in their own worksite first and is placed follow the bump- ing procedures as listed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position(a)-(c) above. (e) It is agreed that Bumping outside of the probation/trial period specified in Clause 31.6 - Trial Period will apply worksite where applicable (i) Should a displaced employee not be able to employees moving bump into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job position that is comparable, and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does they do not have the necessary seniority or qualifications volunteer to bump into a second timenon-comparable position, or he/she has proven to be unsatisfactory in the second job, he/she they will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall exhausted their bumping options at the worksite and may exercise their bumping rights, as above, at other Employer worksites. (ii) A comparable position will be defined as a posi- tion that is:

Bumping. (a) Regular An employee to be laid off may, at her/his discretion, receive severance pay or displace on a seniority basis the most junior employee in the same pay grade, if such a person exists, or, if not, in the next immediate lower grade if such a person exists. A grade that has no active classification within it will not be part of the bumping sequence. (b) An employee subject to an Hours Reduction pursuant to Article 17.B.1(a) or 17.B.1(b) above may, at her/his discretion, choose to accept the Hours Reduction, or take a layoff and receive severance pay, if eligible, or displace (bump) the most junior employee in the Agency in the same classification, if such a person exists, or, if not, the most junior employee in the Agency in the same pay grade, if such a person exists, whose regular work schedule is above the benefit or bargaining unit membership threshold which triggered the bumping event. The employee so displaced would be transferred into the position vacated by the bumping employee. By way of example only, if a fulltime employee’s position’s hours were reduced to 25 hours per week, and such reduction would result in the employee’s loss of health insurance eligibility, then said employee would displace the most junior employee whose position’s hours are at or above the health insurance benefit eligibility threshold. Only employees that take a layoff have recall rights pursuant to Paragraph 3 below. (c) Any employee who receive notice of layoff displaces another employee pursuant to either 17.B.2(a) or 17.B.2(b) above, or who is transferred pursuant to 17.B.2(b) above, must have the necessary skills and ability to perform the work without additional training other than basic job orientation or have performed the work previously. (d) Part-time employees shall have the right to bump employees with less seniority, providing who normally work a greater number of hours only if the bump would not constitute a promotion. part-time employee agrees to work the additional hours. An employee must elect severance pay or exercise her/his bumping rights within five (b5) The right to bump, subject to (a) above, shall be exercised in the following order: (1) The employee with the least seniority at the same pay level for whose position working days of personal notice that he/she has the qualifications is subject to do the job shall be bumped; (2) If (1) above does not result in a successful bump, the same procedure will be applied at each lower pay level. (c) Regular Employees who are bumped as a result of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular positionlayoff. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply When an employee bumps to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second joblower grade, he/she will shall be laid offpaid at his/her existing salary rate, provided it falls within the range of the new classification, but in no event more than the maximum of the new range. If the employee’s existing salary is above the range of the new classification, the employee shall be paid at the top of the range of the new classification into which he/she bumped. Notwithstanding the foregoing, where the terms of a grant, fee for service or third party payor arrangement as specified in article 12.C. provides either for a general salary limitation or that the employees in specified classifications be paid the rate assigned to the classification, the grant or other contract arrangement shall control. (f) A regular When an employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised fails to pass probation following a lateral transfer, he or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed have the right to have chosen recall rightsbump back into the position he or she held prior to the transfer.

Bumping. (a) Regular Displaced employees who receive notice of layoff shall have the right chosen not to select an available vacancy, or do not have access to a vacancy, can elect to bump employees to a position in line with less seniority, providing the bump would not constitute a promotionseniority (subject to 2(c) below). (b) The right to In the event that the Employer deems that the displaced employee is not qualified for the chosen bump, subject the Employer shall provide the usual unit orientation, education and training to the nurse provided that such usual unit orientation, education and training does not exceed six (a6) aboveweeks or as mutually agreed. After the nurse has successfully completed the usual unit orientation, education and training, the nurse will be deemed qualified for the position by the Employer. Nurses who elect to bump into a specialty position must possess the required education. Throughout the term of the nurse's education and training and until the nurse has commenced employment in their new position, the Employer shall be exercised in continue to pay the following order: (1) The employee with the least seniority nurse at the same pay level for whose wage rate as that of their previous position he/she has and continue to provide benefits. This option is only available to displaced employees once per layoff. If a displaced employee is unsuccessful following the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bumpoptions, the same procedure employee will be applied at each lower pay levelrequired to bump into a comparable position. (c) Regular Displaced employees will choose a position to bump into by designating: (i) the FTE; (ii) the unit/department/program (program for community nurses only); and (iii) the shift pattern. Shift patterns are identified as days/evenings; days/nights; evenings/nights; days; nights; or evenings. They will then bump to the position held by the junior employee with the designated FTE, shift pattern and unit/department/program (program for community nurses only). Employees who are bumped as a result will be served displacement notice and treated in accordance with the provisions of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionArticle 19.01(B). (d) It is agreed that where an employee exercises Worksite Bumping Displaced employees will review their bumping rights options in their own worksite first and is placed follow the bumping procedures as listed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position(a)-(c) above. (e) It is agreed that Bumping outside of the probation/trial period specified in Clause 31.6 - Trial Period will apply worksite where applicable (i) Should a displaced employee not be able to employees moving bump into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job position that is comparable, and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does they do not have the necessary seniority or qualifications volunteer to bump into a second timenon-comparable position, or he/she has proven to be unsatisfactory in the second job, he/she they will be laid off. (f) A regular employee shall notify the Employer in writing within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall exhausted their bumping options at the worksite and may exercise their bumping rights, as above, at other Employer worksites. (ii) A comparable position will be defined as a position that is: (a) within a field of practice sharing a common clinical focus (e.g.: medical, surgical, extended care, intensive care, psychiatric care, etc.) with the employee’s pre- displacement field of practice; (b) +/- 0.2 FTE of the employee’s pre-displacement FTE; and (c) does not require the employee to change their status; and (d) within their pre-displacement wage rate.

Bumping. (a) Regular employees who receive notice The Board shall determine which positions are to be eliminated or reduced in hours. Where positions are interchangeable and not tied to geographic location, Article 8.01 shall apply. Geographic location is defined as being within 20 kilometres of the School Board Office. (Locations outside of the 20 kilometre limit include Clearview, Prespatou, Upper Halfway, Wonowon, Hudson's Hope, Upper Pine, and Buick Creek Schools.) If an employee chooses to commute to a position outside the geographic location as defined, they may do so, with the exception of Prespatou and Upper Halfway. b) An employee whose position is subject to layoff or reduction of hours shall have the right be entitled to bump employees with less seniority, providing the bump would not constitute a promotion. (b) The right to bumpjunior employee within the same classification within their department, subject to geographic location as defined in (a) above. Should the employee be last on their department seniority list, they will be able to bump any junior employee within the bargaining unit provided the senior employee has the skill and ability to perform the work. Conditional on satisfactory service, the position shall be exercised become permanent after forty (40) working days. c) Full-time employees may bump any employee with equal or less number of hours and in the following order:accordance with (b) above. Part-time employees may bump only part-time employees with equal or less number of hours. (1d) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; (2) If (1) above does not result in a successful bump, the same procedure will be applied at each lower pay level. (c) Regular Employees who are bumped as a result of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises exercise their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid off. (f) A regular employee shall notify the Employer in writing within six five (5) working days of receiving layoff notice whether bumping rights or reduction notice. The Board will be exercised or whether give the employee opts their options for a layoffbumping within five (5) working days and the employee will have five (5) working days to inform the board of their intended action. e) Where an employee declines to exercise this right, it shall be forfeited for that layoff or reduction. No one may bump into an Educational Assistant, Bus Attendant (gSpecial Needs), Early Childhood Educator, Youth Care Worker, or Indigenous Student Support Worker position. Employees in these positions may bump outside their department as laid out in Article 8.01. However, the bumping provision applies to the balance of that department, being Lunch Period Monitor, Lunch Period Monitor (Meals), Crossing Guard, Bus Attendant (Playground) and Hall Monitor classifications. That is, someone may bump into a Lunch Period Monitor, Lunch Period Monitor (Meals), Crossing Guard, Bus Attendant (Playground), or Hall Monitor position. f) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff new position classification is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rightsbe in the Educational Assistant Department, the Board and Union will jointly determine how the bumping clause will apply to the new classification. g) Notice Period i) In the case of ▇▇▇▇▇▇, see Article 8.02. ii) In the case of a reduction in hours of work, an employee will be given a minimum of twenty-eight

Bumping. (a) Regular employees who receive notice Where an employee advises Human Resources in writing of layoff shall have the right to bump employees with less seniority, providing the bump would not constitute a promotion. (b) The right their election to bump, subject Article 28.5 will apply. 28.5 Bumping a. Bumping Principles The following principles apply to (a) above, bumping: i. The principle of last-on-first-off according to seniority applies within a pay band; ii. The bumping employee will be offered positions in the order outlined in Article 28.5 b. for which they have the qualifications; iii. Qualifications for a position will be as indicated in the most recent job description for that position except where the Employer can demonstrate there has been a valid change in the qualifications required for the position; iv. An employee who has opted to bump will be offered positions at a wage step closest to but not exceeding the employees’ former salary; v. Assessment periods shall be exercised waived for permanent employees who choose bumping; vi. Employees who have been bumped will have access to the provisions of this article in order of seniority, as soon as is reasonable; vii. The Employer will notify the Union on a weekly basis of the status of all employees who have chosen to bump or have been bumped. b. Bumping Process i. For full-time permanent employees 1. Human Resources will within forty-eight (48) hours of receiving notice of the employee’s election to bump, arrange a Qualification Meeting to determine the employee’s current qualifications. 2. Once qualifications have been determined, the full-time employee will choose whether they want to be offered only full-time positions or a combination of full-time and part-time positions. Human Resources will use this choice to offer positions to the laid off employee. 3. Of the position titles for which the laid-off employee is deemed to be qualified, two offers will be made. 4. Each offer will be from a distinct position title selected through the following process: A. First, the position title held by the least senior employee in the following order:same pay band; (1) The B. Then the position title held by the next least senior employee in a distinct position title in the same pay band until two distinct position titles can be offered; C. If two distinct position titles cannot be found in the same pay band, then the process will move to the next pay band down, for one or both positions. D. Then the position title held by the employee with the least seniority at in the next pay band down; E. Then the position title held by the next least senior person in a distinct position title in that same next pay band down until two distinct position titles can be offered; F. If two distinct position titles cannot be found in this pay band, for one or both positions, then the process will repeat from C) (above) until two distinct position titles can be offered. 5. If the laid-off employee chooses not to take either of the offered positions, they will be subject to Article 28. 6. If no position can be found for which the employee is qualified, then the employee will be given the option of either Article 28.4 a. or Article 28.4 b. ii. For part-time permanent employees If the employee was laid off from a permanent part-time position: 1. Human Resources will within forty-eight (48) hours of receiving notice of the employee’s election to bump, arrange a Qualification Meeting to determine the employee’s current qualifications. 2. Once qualifications have been determined, the part-time employee will only be offered part-time positions provided that the number of hours is equal to or less than their former permanent position. 3. Of the position titles for which the laid-off employee is deemed to be qualified, two offers will be made. 4. Each offer will be from a distinct position title selected through the following process: A. First, the position title held by the least senior employee in the same pay level for whose position he/she has the qualifications to do the job shall be bumpedband; (2) If (1) above does not result B. Then the position title held by the next least senior person in a successful bump, distinct position title in the same procedure will pay band until two distinct position titles can be applied at each lower pay level.offered; (c) Regular Employees who are bumped as a result of (1) and (2) above, shall have C. If two distinct position titles cannot be found in the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises their bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position. (e) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employerpay and, then the provisions of Clause 15.2(d) shall be reapplied. In process will move to the event next pay band down, for one or both positions. D. Then the position title held by the employee does not have with the necessary least seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second jobnext pay band down; E. Then the position title held by the next least senior person in a distinct position title in that same next pay band down until two distinct position titles can be offered; F. If two distinct position titles cannot be found in this pay band, he/she for one or both positions, then the process will repeat from C. (above) until two distinct position titles can be offered. 5. If the laid-off employee chooses not to take either of the offered positions, they will be laid offsubject to Article 28. (f) A regular 6. If no positions can be found for which the employee shall notify is qualified, then the Employer in writing within six working days of receiving layoff notice whether bumping rights employee will be exercised given the option of either Article 28.4 a. or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.Article

Bumping. (a) Regular employees Subject to the requirements of G.L. c.31, an employee in a job classification subject to Civil Service law who receive is designated for layoff pursuant to Section 4 above, may, upon notice pursuant to Section 5 above, exercise the following bumping rights: (i) if he/she is a nonpermanent employee, he/she may bump into a vacancy in the same job classification within the department, alternatively, he/she may bump into a vacancy in an equal or lower graded job classification within the department, or he/she may bump into a filled position in an equal or lower graded job classification within the department which is held by a nonpermanent employee who has less seniority than himself and who is the least senior nonpermanent employee in that job classification, provided that such equal or lower’ graded job classification is the employee’s job series, and provided that the employee is qualified to perform the duties and responsibilities of layoff shall have the right position; (ii) if he/she is a permanent employee he/she has the rights provided by ▇.▇. ▇. 31; in any event he/she may bump into a vacancy in the same job classification within the department; alternatively, he/she may bump into a vacancy in an equal or lower graded job classification within the department or he/she bump into a filled position in an equal or lower graded job classification within the department which is held by a non- permanent employee provided that such equal or lower graded job classification within the department which is held by a non-permanent employee provided that such equal or lower graded job classifications are in the employee's job series and/or former job series, and provided that the employee is qualified to bump employees with less seniority, providing perform the bump would not constitute a promotionduties and responsibilities of the position. (b) The right to bump, An employee in a job classification not subject to (a) Civil Service Law who is designated for layoff pursuant to Section 4 above, shall be exercised in may, upon notice pursuant to Section 5 above, exercise the following orderbumping rights: (1i) The employee with employees in the least seniority at Elderly Commission, only, can bump (A) within their cluster if qualified for the cluster position they wish to bump into; or (B) into a different cluster if they have experience in the Elderly Commission in the position they wish to bump into in that different clusters; (ii) all other employees covered by this Agreement may bump into a vacancy in the same pay level for whose position job classification within the department; alternatively, he/she may bump into a vacancy in an equal or lower graded job classification within the department, or he/she may bump into a filled position in an equal or lower graded job classification within the department which is held by an employee who has less seniority than himself and who is the qualifications least senior employee in that job classification, provided that such equal or lower graded job classifications are in the employee's job series, and provided that the employee is qualified to do perform the job shall be bumped; (2) If (1) above does not result in a successful bump, duties and responsibilities of the same procedure will be applied at each lower pay levelposition. (c) Regular Employees An employee who are bumped as a result of (1) and (2) above, shall have chooses to exercise the same right to bump employees with less seniority, providing the bump would not constitute a promotion. (d) It is agreed that where an employee exercises their above bumping rights and is placed in a temporary position, the employer will make every reasonable effort to assist the employee in obtaining a regular position. (e) It is agreed that the probationmust so notify his/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications to bump a second time, or he/she has proven to be unsatisfactory in the second job, he/she will be laid off. (f) A regular employee shall notify the Employer in writing her department within six working days of receiving layoff notice whether bumping rights will be exercised or whether the employee opts for a layoff. (g) If a regular employee opts for a layoff he/she must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rights.five

Bumping. (a) Regular employees who receive notice of layoff shall have the right An Employee about to be laid off may bump employees any Employee with less seniority, providing the bump would not constitute Employee exercising their right is able to perform the work the Employee with less seniority. Factors to be considered for all bumping shall be seniority, job knowledge, skills, abilities, and qualifications where and Employee can demonstrate that he/she can perform the duties and functions of a promotionparticular bargaining unit position. (b) The Employee exercising his/her right to bump, subject to (a) above, bump shall be exercised in the following order: (1) The employee with the least seniority at the same pay level for whose position he/she has the qualifications to do the job shall be bumped; given a two (2) If (1) above does not result in a successful bumpweek orientation/familiarization for the new position, the same procedure will be applied at each lower pay levelif required. (c) Regular In the event of lay-offs, all Casual Employees and/or Part-time Employees who perform any of the functions of the targeted Employees shall be laid off before any Full-time targeted Employees are bumped as a result laid off. All staff with more seniority shall be offered the opportunity to receive severance pay under Article 31.9 to alleviate any lay-off of (1) and (2) above, shall have the same right to bump employees with less seniority, providing the bump would not constitute a promotionanother Employee. (d) It is agreed that where an employee exercises Employees who bump into a different classification shall retain recall rights to their bumping rights former classification as outlined in Article 31.6 and is placed in a temporary position, are further subject to the employer will make every reasonable effort to assist the employee in obtaining a regular position.following: (ei) It is agreed that the probation/trial period specified in Clause 31.6 - Trial Period will apply to employees moving into a new job as a result of bumping. In the event the employee proves an Employee reverts to be unsatisfactory in the new job and is so advised in writing by the Employer, then the provisions of Clause 15.2(d) shall be reapplied. In the event the employee does not have the necessary seniority or qualifications and/or bumps to bump a second time, or he/she has proven to be unsatisfactory in the second joblower wage group, he/she will shall continue to receive his/her higher salary for up to three (3) months at which point the Employee’s salary shall be laid offreduced to an amount equal to the closest equivalent in the lower wage group not in excess of his/her previous rate, and then such Employee shall proceed on the scale in accordance with Article 35. (fii) A regular employee Employees who bump into a higher job group shall notify be paid at a rate within the Employer in writing within six working days new group closest to, but greater than, their rate of receiving layoff notice whether bumping rights will be exercised or whether pay prior to the employee opts for a layoffbump. (giii) If a regular employee opts for a layoff he/she Employees must choose either recall rights in accordance with Clause 15.4 or severance pay in accordance with Clause 15.8 on declare their intent to bump within two (2) weeks of receiving lay-off notice from the date the layoff is scheduled to occur. If a regular employee declines to make a selection he/she shall be deemed to have chosen recall rightsCompany.