Common use of EMPLOYMENT SECURITY AND DISPLACEMENT PROCEDURE Clause in Contracts

EMPLOYMENT SECURITY AND DISPLACEMENT PROCEDURE. 10.01 The University assures employment security, within the bargaining unit, for the duration of the present Collective Agreement, to all Permanent Employees who have twelve (12) months of seniority. Notwithstanding any other provision of the Collective Agreement and subject to Article 16.02, Employees benefiting from employment security cannot be discharged, laid off, fired, or dismissed and therefore shall remain in the employ of the University, without reduction in pay, and without delaying progression in their salary scale and continue to benefit from all the provisions of the present Collective Agreement. 10.02 In case of merger, integration or restructuring by legislation or otherwise, seniority within the bargaining unit which is defined in the certificate of accreditation (as indicated in Appendix D) of this Collective Agreement, shall prevail in the application of this Collective Agreement. 10.03 If the position or function of a Permanent Employee is transferred to another campus, the Employee has the right to accept or to refuse the transfer. If she/he refuses, the provisions of the present Article apply. 10.04 Displacement procedure in the case of an abolition of a position a) Reassignment in a Vacant Position or retraining i. after agreement with the Union, the University agrees to reassign any Employee whose job is abolished or who is displaced according to the provisions of the present Article, without posting, to a Vacant Position available in the same Job Class, first in the library in which the position is abolished, then to another library if the Employee so elects; ii. then, after agreement between the Parties, without posting to a Vacant Position in a lower Job Class, first in the library in which the position is abolished, then to another library; iii. then, after agreement between the Parties, to provide retraining allowing the Employee to occupy a position in the bargaining unit. Whenever possible, an Employee affected by a position abolition will be reassigned to a position working the same number of hours or more per week. b) If a) is not an option, an Employee affected by an abolition may displace an Employee in the same Job Class who has less seniority, as long as she/he can satisfy the normal requirements of the position, first in the library in which the position is abolished, then in another library if the Employee so elects. c) If b) is not an option, the Employee affected by an abolition or a displacement may displace an Employee in the immediately lower Job Class, who has less seniority, who occupies a position for which she/he can satisfy the normal requirements, first in the library in which the position is abolished, then in another library. d) Each Employee thus displaced may use her/his right to displace as outlined above. However, the Employee is subject to the trial period provided for in Article 9.02 b). If, during the trial period, the Employee is incapable of satisfying the normal requirements of the position, or if the Employee gives a written notice within the first fifteen (15) working days of her/his trial period to the supervising librarian that she/he does not wish to remain in this position, the Employee may continue to use the displacement procedure. e) During the displacement procedure, an Employee who cannot displace in accordance with the present Article, and who does not choose to resign and receive the indemnity provided for in Article 10.06, must accept: i) to fill a temporarily Vacant Position, if she/he meets the normal requirements of the position, or ii) to meet a work surplus, or iii) to fill a function in the framework of a special project, as per Article 3.01 10.05 Any Employee whose position is abolished or who is subject to a displacement must receive a notice at least one (1) month in advance. 10.06 Any Employee affected by the provisions of the present Article may choose not to exercise her/his rights and to resign. In this case, she/he shall benefit from a separation indemnity equivalent to one (1) month of salary per year of seniority up to a maximum of six (6) months. The present Article also applies to those Employees affected by Article 10.03. 10.07 As long as an Employee affected by the provisions of the present Article has not obtained a vacant or newly created position, she/he is considered as having applied for every posted position of the same Job Class. 10.08 a) The Employee who, by virtue of the present Article, obtains a position in a lower Job Class, preserves the Job Class she/he was in prior to the abolition of her/his position, or displacement. She/he is considered as having applied for each position in her/his old Job Class, and if she/he obtains such a position in conformity with Article 12, she/he must accept it, failing which she/he is subject to the provisions of Article 37.06.

EMPLOYMENT SECURITY AND DISPLACEMENT PROCEDURE. 10.01 The University assures employment security, within the bargaining unit, for the duration of the present Collective Agreementagreement, to all Permanent Employees permanent employees who have twelve (12) months of seniority. Notwithstanding any other provision provisions of the Collective Agreement collective agreement, and subject to Article clause 16.02, Employees employees benefiting from employment security cannot be discharged, laid off, fired, or dismissed and therefore shall remain in the employ of the University, without reduction in pay, and without delaying progression in their salary scale and continue to benefit from all the provisions of the present Collective Agreementagreement. 10.02 In case of merger, integration or restructuring by legislation or otherwise, seniority within the bargaining unit which is defined in the certificate of accreditation (as indicated in Appendix D) of this Collective Agreementagreement, shall prevail in the application of this Collective Agreementagreement. 10.03 If the position or function of a Permanent Employee permanent employee is transferred to another campus, the Employee employee has the right to accept or to refuse the transfer. If she/he refuses, the provisions of the present Article article apply. 10.04 Displacement procedure in the case of an abolition of a position a) Reassignment in a Vacant Position or retraining i. after After agreement with the Union, the University agrees to reassign any Employee whose job is abolished or who is employee displaced according to the provisions of the present Articlearticle, without posting, to a Vacant Position vacant position available in the same Job Classclass. or after agreement between the parties, first to a vacant position in the library in which the position is abolished, then to another library if the Employee so elects; ii. thena lower class or, after agreement between the Parties, without posting to a Vacant Position in a lower Job Class, first in the library in which the position is abolished, then to another library; iii. then, after agreement between the Partiesparties, to provide retraining allowing the Employee to occupy a position in the bargaining unit. Whenever possible, an Employee employee affected by a position abolition will be reassigned to a position working the same number of hours or more per week. b) If a) is not an option, an Employee employee affected by an abolition may displace an Employee employee in the same Job Class class who has less seniority, as long as she/he can satisfy the normal requirements of the position, first in the library in which the position is abolished, then in another library if the Employee so elects. c) If b) a displacement in the same class is not an optionpossible, the Employee employee affected by an abolition or a displacement may displace an Employee employee in the immediately lower Job Classclass, who has less seniority, who occupies a position for which she/he can satisfy the normal requirements, first in the library in which the position is abolished, then in another library. d) Each Employee employee thus displaced may use her/his right to displace as outlined above. However, the Employee employee is subject to the trial period provided for in Article clause 9.02 b). If, during the trial period, the Employee employee is incapable of satisfying the normal requirements of the position, or if the Employee employee gives a written notice within the first fifteen (15) working days of her/his trial period to the supervising librarian that she/he does not wish to remain in this position, the Employee employee may continue to use the displacement procedure. e) During the displacement procedure, an Employee employee who cannot displace in accordance with the present Articlearticle, and who does not choose to resign and receive the indemnity provided for in Article clause 10.06, must accept: i) to fill a temporarily Vacant Positionvacant position, if she/he meets the normal requirements of the position, or ii) to meet a work surplus, or iii) to fill a function in the framework of a special project, as per Article 3.01clause 3.01 e) 2. 10.05 Any Employee employee whose position is abolished or who is subject to a displacement must receive a notice at least one (1) month in advance. 10.06 Any Employee employee affected by the provisions of the present Article article may choose not to exercise her/his rights and to resign. In this case, she/he shall benefit from a separation indemnity equivalent to one (1) month of salary per year of seniority up to a maximum of six (6) months. The present Article clause also applies to those Employees employees affected by Article clause 10.03. 10.07 As long as an Employee employee affected by the provisions of the present Article article has not obtained a vacant or newly created position, she/he is considered as having applied for every posted position of the same Job Classclass. 10.08 a) The Employee employee who, by virtue of the present Articlearticle, obtains a position in a lower Job Classclass, preserves the Job Class class she/he was in prior to the abolition of her/his position, or displacement. She/he is considered as having applied for each position in her/his old Job Classclass, and if she/he obtains such a position in conformity with Article article 12, she/he must accept it, failing which she/he is subject to the provisions of Article 37.06.

EMPLOYMENT SECURITY AND DISPLACEMENT PROCEDURE. 10.01 ‌ This article does not apply to Temporary and Seasonal Employees. 11.01 The University assures employment security, within the bargaining unit, for the duration of the present Collective Agreement, to all Permanent Employees who have twelve (12) months of seniority. Notwithstanding any other provision of the Collective Agreement and subject to Article 16.02, Employees benefiting from employment security cannot be discharged, laid off, fired, or dismissed and therefore shall remain in the employ of the University, without reduction in pay, and without delaying progression in their salary scale and continue to benefit from all the provisions of the present Collective Agreement. 10.02 11.02 In case of merger, integration or restructuring by legislation or otherwise, seniority within the bargaining unit which is defined in the certificate of accreditation (as indicated in Appendix D) of this Collective Agreement, shall prevail in the application of this Collective Agreement. 10.03 11.03 If the position or function of a Permanent Employee is transferred to another campus, the Employee has the right to accept or to refuse the transfer. If she/he refusesthey refuse, the provisions of the present Article apply. 10.04 11.04 Displacement procedure in the case of an abolition of a position a) Reassignment in a Vacant Position or retraining i. after agreement with the Union, the University agrees to reassign any Employee whose job is abolished or who is displaced according to the provisions of the present Article, without posting, to a Vacant Position available in the same Job Class, first in the library in which the position is abolished, then to another library if the Employee so elects; ii. then, after agreement between the Parties, without posting to a Vacant Position in a lower Job Class, first in the library in which the position is abolished, then to another library; iii. then, after agreement between the Parties, to provide retraining allowing the Employee to occupy a position in the bargaining unit. Whenever possible, an Employee affected by a position abolition will be reassigned to a position working the same number of hours or more per week. b) If a) is not an option, an Employee affected by an abolition may displace an Employee in the same Job Class who has less seniority, as long as she/he they can satisfy the normal requirements of the position, first in the library in which the position is abolished, then in another library if the Employee so elects. c) If b) is not an option, the Employee affected by an abolition or a displacement may displace an Employee in the immediately lower Job Class, who has less seniority, who occupies a position for which she/he they can satisfy the normal requirements, first in the library in which the position is abolished, then in another library. d) Each Employee thus displaced may use her/his their right to displace as outlined above. However, the Employee is subject to the trial period provided for in Article 9.02 10.02 b). If, during the trial period, the Employee is incapable of satisfying the normal requirements of the position, or if the Employee gives a written notice within the first fifteen (15) working days of her/his their trial period to the supervising librarian Unit Head that she/he does they do not wish to remain in this position, the Employee may continue to use the displacement procedure. e) During the displacement procedure, an Employee who cannot displace in accordance with the present Article, and who does not choose to resign and receive the indemnity provided for in Article 10.0611.06, must accept: i) to fill a temporarily Vacant Position, if she/he meets they meet the normal requirements of the position, or ii) to meet a work surplus, or iii) to fill a function in the framework of a special project, as per Article 3.013.01 e) 2. 10.05 11.05 Any Employee whose position is abolished or who is subject to a displacement must receive a notice at least one (1) month in advance. 10.06 11.06 Any Employee affected by the provisions of the present Article may choose not to exercise her/his their rights and to resign. In this case, she/he they shall benefit from a separation indemnity equivalent to one (1) month of salary per year of seniority up to a maximum of six (6) months. The present Article also applies to those Employees affected by Article 10.0311.03. 10.07 11.07 As long as an Employee affected by the provisions of the present Article has not obtained a vacant or newly created position, she/he is they are considered as having applied for every posted position of the same Job Class. 10.08 11.08 a) The Employee who, by virtue of the present Article, obtains a position in a lower Job Class, preserves the Job Class she/he was they were in prior to the abolition of her/his their position, or displacement. She/he is They are considered as having applied for each position in her/his their old Job Class, and if she/he obtains they obtain such a position in conformity with Article 1213, she/he they must accept it, failing which she/he is they are subject to the provisions of Article 37.0635.06.

EMPLOYMENT SECURITY AND DISPLACEMENT PROCEDURE. 10.01 The University assures employment security, within the bargaining unit, for the duration of the present Collective Agreement, to all Permanent Employees who have twelve (12) months of seniority. Notwithstanding any other provision of the Collective Agreement and subject to Article 16.02, Employees benefiting from employment security cannot be discharged, laid off, fired, or dismissed and therefore shall remain in the employ of the University, without reduction in pay, and without delaying progression in their salary scale and continue to benefit from all the provisions of the present Collective Agreement. 10.02 In case of merger, integration or restructuring by legislation or otherwise, seniority within the bargaining unit which is defined in the certificate of accreditation (as indicated in Appendix D) of this Collective Agreement, shall prevail in the application of this Collective Agreement. 10.03 If the position or function of a Permanent Employee is transferred to another campus, the Employee has the right to accept or to refuse the transfer. If she/he refuses, the provisions of the present Article apply. 10.04 Displacement procedure in the case of an abolition of a position a) Reassignment in a Vacant Position or retraining i. after agreement with the Union, the University agrees to reassign any Employee whose job is abolished or who is displaced according to the provisions of the present Article, without posting, to a Vacant Position available in the same Job Class, first in the library in which the position is abolished, then to another library if the Employee so elects; ii. then, after agreement between the Parties, without posting to a Vacant Position in a lower Job Class, first in the library in which the position is abolished, then to another library; iii. then, after agreement between the Parties, to provide retraining allowing the Employee to occupy a position in the bargaining unit. Whenever possible, an Employee affected by a position abolition will be reassigned to a position working the same number of hours or more per week. b) If a) is not an option, an Employee affected by an abolition may displace an Employee in the same Job Class who has less seniority, as long as she/he can satisfy the normal requirements of the position, first in the library in which the position is abolished, then in another library if the Employee so elects. c) If b) is not an option, the Employee affected by an abolition or a displacement may displace an Employee in the immediately lower Job Class, who has less seniority, who occupies a position for which she/he can satisfy the normal requirements, first in the library in which the position is abolished, then in another library. d) Each Employee thus displaced may use her/his right to displace as outlined above. However, the Employee is subject to the trial period provided for in Article 9.02 b). If, during the trial period, the Employee is incapable of satisfying the normal requirements of the position, or if the Employee gives a written notice within the first fifteen (15) working days of her/his trial period to the supervising librarian that she/he does not wish to remain in this position, the Employee may continue to use the displacement procedure. e) During the displacement procedure, an Employee who cannot displace in accordance with the present Article, and who does not choose to resign and receive the indemnity provided for in Article 10.06, must accept: i) to fill a temporarily Vacant Position, if she/he meets the normal requirements of the position, or ii) to meet a work surplus, or iii) to fill a function in the framework of a special project, as per Article 3.01 10.05 Any Employee whose position is abolished or who is subject to a displacement must receive a notice at least one (1) month in advance. 10.06 Any Employee affected by the provisions of the present Article may choose not to exercise her/his rights and to resign. In this case, she/he shall benefit from a separation indemnity equivalent to one (1) month of salary per year of seniority up to a maximum of six (6) months. The present Article also applies to those Employees affected by Article 10.03. 10.07 As long as an Employee affected by the provisions of the present Article has not obtained a vacant or newly created position, she/he is considered as having applied for every posted position of the same Job Class. 10.08 a) The Employee who, by virtue of the present Article, obtains a position in a lower Job Class, preserves the Job Class she/he was in prior to the abolition of her/his position, or displacement. She/he is considered as having applied for each position in her/his old Job Class, and if she/he obtains such a position in conformity with Article 12, she/he must accept it, failing which she/he is subject to the provisions of Article 37.06.