Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs. 20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units. 20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority. 20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions: (a) that such other job is held by an employee with less seniority; (b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job. 20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04. 20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies. 20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment: (a) the Hospital shall not layoff any employee for any reason other than lack of work; and (b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification. 20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) Both parties recognize that such other job is held by an employee with less seniority;security should increase in proportion to length of service.
(b) It is further recognized by the parties that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such seniority considerations for retained employees meeting the requirements under (b) above on regular appointment shall be given a reasonable period of time subject to demonstrate sufficient skill and their ability to perform the jobduties and meet the minimum educational and experience requirements of the positions available within the bargaining unit.
20.05 When (c) For the purpose of this article, seniority shall relate only to those employees on regular appointments.
(d) After OC has identified the specific positions to be eliminated, and subject to Clause 36.1(d) it shall notify the Union not less than 10 working days prior to implementing layoff plans.
(1) Within five working days of notice being given pursuant to Clause 36.2(d), the Union and OC shall meet as a Hospital arbitrarily assigns Joint Layoff Committee to discuss and explore OC's plans with respect to layoff and to attempt to reach agreement on the method of implementing the layoff plans.
(2) The Joint Layoff Committee shall be comprised of members equal in number from both the Union and OC.
(1) In its review of OC plans for layoff, the Joint Layoff Committee shall consider factors which shall include:
(i) vacant positions;
(ii) transfer of affected employees;
(iii) retraining of affected employees;
(iv) bumping of less senior employees;
(v) any other relevant factors.
(2) Provided there is a vacant position in the same centre and appointment category (see Clause 16.1) for which the laid off employee is qualified and which is at an equal or higher job grouping than the position being eliminated, the laid off employee shall normally claim the vacant position and not be eligible to exercise his/her bumping rights under Clause 36.2(h).
(g) Following the notice period pursuant to Clause 36.2(d), OC may give notice of layoff to affected employees on regular full-time and part-time appointments; however, such notice shall not be less than 20 OC working days, prior to implementation.
(h) Employees on regular appointments whose positions are eliminated or who are displaced pursuant to this article may exercise their seniority by claiming any position in any job grouping within the bargaining unit subject to:
(1) A regular full-time employee may claim the position that is occupied by the least senior full-time employee on regular appointment in that job grouping within that centre; or
(2) A regular part-time or sessional employee may claim the position that is occupied by the least senior employee on regular appointment in that job grouping within that centre where the hours are equivalent to or greater than the laid off employee; or
(3) An employee may claim the position where the hours are less than the laid off employee provided the position being claimed is occupied by the least senior employee within that job grouping and that centre.
(i) The claiming of a position as outlined in Clause 36.2(h) is subject to:
(1) the claimant is able to perform the duties and meet the minimal educational and experience requirements of the position being claimed; and
(2) the claimant has more seniority than the incumbent; and
(3) if the position claimed is at another OC centre then OC shall not be required to pay any transfer expenses.
(j) Should the claiming of a position under Clause 36.2(h) not be possible, the employee may claim a position occupied by an employee on auxiliary appointment provided that the claimant is able to another departmentperform the duties and meet the minimal educational and experience requirements of the position being claimed.
(1) Employees who claim a position under Clause 36.2(j) shall retain their regular appointment status for the term of their employment in that position and any subsequent consecutive appointments to like positions.
(2) For the purpose of this article an employee who has accepted an auxiliary appointment shall retain his/facilityher right to claim a regular position under Clause 36.2(h) for a maximum period of one year from the date of layoff unless an extension is mutually agreed to by the Joint Committee.
(l) In the event that the former position of the laid off employee becomes available within a one year period from the date of lay-off, he/she shall be offered the position. In the event that an employee refuses a recall offer to his or to another position which constitutes a major change in her former position, within five (5) working days of the offer, OC shall remove the employee's dutiesname from the recall list, unless there are extenuating circumstances acceptable to the Joint Committee.
(m) Prior to filling an auxiliary position, OC shall recall employees laid off pursuant to this article in order of job grouping seniority relating to the vacancy, provided the employee is competent to do the work and has been laid off within the previous year. OC shall not be required to pay any transfer expenses which might arise as a result of recall.
(1) Prior to filling a regular position in a job grouping comparable to job groupings of laid off employees, OC shall post internally that vacant or new position. Any such posted position shall be filled by a regular employee or an employee on layoff provided the applicant meets the qualifications for that position. In filling any resulting vacancy, the above procedure shall be followed. If a laid off employee is recalled, it shall have be in order of job grouping seniority provided the right employee is competent to exercise his seniority do the work and has been laid off within the previous year. OC shall not be required to pay any transfer expenses which might arise as a result of such a recall.
(2) The determination of comparable job groupings shall be determined by the Joint Committee. In the event the Joint Committee is unable to reach agreement, the position shall be posted in accordance with 20.04Clause 36.2(n).
20.06 No new applicant (o) (1) OC shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off inform all employees shall be deemed to have applied for such vacancies.
20.07 Unless on the employee was notified in writing recall list of all position vacancies at the time of hiring internal posting. Notice of vacancies shall be made by telephone, mail or by direct personal contact. In the event that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee on the recall list wishes to be considered for a vacant position, the employee must apply in writing by the closing date of a higher paid classificationthe posting.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 2701 When a reduction in cases the working force becomes necessary, nurses will be laid off in reverse order of emergencyseniority within their occupational classification, layoffs due subject only to lack more senior nurses being qualified, competent and willing to perform the required work. 2702 Notice of work for reasons other than contracting out intention of layoff or mergers equivalent pay thereof shall be given by personal service or by registered mail to the nurse(s) concerned and a copy of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice forwarded to the Union, the Employer and the Local . Notice shall meet be as follows: -- Layoffs of six (6) weeks or less - two (2) weeks notice; -- Layoffs of longer than six (6) weeks - four (4) weeks notice. A nurse who is on layoff shall not be entitled to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the notice of layoff is to be effective. If the employee is not given the opportunity when she/he comes back to work on an incidental basis. 2703 No layoff of full-time or part-time nurses shall occur when casual nurses are being employed, unless no full-time or part-time nurse on staff is qualified, competent and willing to fill the scheduled work days during the term of notice he position(s) in question. Notwithstanding Article 3402, additional available shifts shall be paid in lieu thereof for such daysoffered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the required work. The Hospital will meet with During the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten first three (103) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event years of a layoff, employees the nurse on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular EFT commitment. During the period between three (3) to five (5) years, a laid off nurse may indicate availability for additional available shifts but will not receive preferential consideration over part-time nurses. Notwithstanding 1405, during the period between three (3) to five (5) years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not applicable to the base EFT of a term position occupied by a laid off in nurse. In the reverse order event the nurse accepts additional available shifts, the provisions of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will the Collective Agreement shall be entitled to claim the job of another employee in any department subject to the following conditionsapplicable, except as modified hereinafter:
(a) that such other job is held by an employee vacation pay shall be calculated in accordance with less seniority;section 2103 and shall be paid at the prevailing rate for the nurse on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay,
(b) that such employee claiming income protection accumulation shall be calculated as follows: Additional available hours worked by the laid-off nurse Entitlement X of Full-time Full-time hours Nurse
(c) in the event the layoff is longer than twenty-six (26) weeks, seniority shall be calculated in accordance with regular hours worked,
(d) the nurse shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque,
(e) participation in benefit plans is subject to the provisions of each plan. Any period of time during the layoff when the nurse works additional available shifts or works in a term position shall not extend the five (5) year period referenced in Article 25. However, a nurse on layoff who agrees to work in a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2704 No new nurses will be hired when other nurses are on layoff except for reasons of a special skill requirement. 2705 All nursing job has sufficient qualifications vacancies, permanent and term, shall be posted in accordance with the terms of this agreement. Nurses on layoff shall be entitled to apply for these vacancies. 2706 Nurses shall be recalled in seniority order to available positions in equal or lower paid occupational classifications provided they are qualified to perform the jobrequired work. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) week's notice to report back to work. The Hospital nurses affected will contact the Department of Nursing by telephone not later than four (4) days, excluding Saturdays, Sundays and Recognized Holidays following the notice of recall being delivered. Failure to notify as above shall not assess result in the qualifications nurse being placed last on the recall list. A nurse being placed last on the recall list who is subsequently recalled to work and who fails to report for duty as scheduled without valid reason shall have her/his employment terminated. 2707 In the event of the employee in a deletion of an arbitrary manner. Such employees meeting the requirements under (b) above occupied position, as much notice as possible shall be given to the incumbent who will be entitled to exercise her/his seniority rights, subject to her/his ability, performance and qualifications, to displace a reasonable nurse in a position of equal or lower classification. Any nurse thus displaced shall also be entitled to a like exercise of seniority rights. 2708 Laid off nurses shall be entitled to apply for nursing job vacancies other than those to which they have recall rights. Copies of job postings will be sent to the President of the Local during the period when any nurses are on layoff. 2709 Accumulated vacation entitlement shall be paid out at time of time layoff except where, prior to demonstrate sufficient skill and ability to perform the job.
20.05 When date of layoff, a Hospital arbitrarily assigns an employee to another department/facility, nurse has been awarded a term or to another permanent position which constitutes commences within four (4) weeks of date of layoff. 2710 Nurses who are absent from work due to a major change in the employee's duties, the employee leave of absence for any reason shall have the right to exercise his seniority be advised of layoff or deletion of their position in accordance with 20.04.
20.06 No new applicant this Agreement and shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which required to comply with all provisions of this Agreement except that they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack be expected to return to work prior to the expiry of work; and
(b) the Hospital shall not demote any employee for the sole purpose their leave of replacing him with an employee of a higher paid classificationabsence.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital bargaining unit-wide seniority.
20.04 An , provided that an employee may bump a junior employee only in cases where the senior employee is qualified to fill the lower position. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Corporation, the Corporation shall notify employees, who is affected by work shortage have acquired seniority rights in his department will the Regular Seniority Pool and who are to be entitled to claim the job of another employee in any department subject laid off, at least ten (10) working days prior to the following conditions:
effective date of layoff. If the employee has not had the opportunity to work during the ten (a10) that such other job is held by an days referred to above, the employee with less seniority;shall be paid for those days for which work was not made available.
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications When a temporary layoff is necessary because of the inability to carry on a project efficiently in the judgement of the Department Head; the temporary layoff may take place by gangs, or parts of gangs; however, this shall apply only for layoffs anticipated not to exceed two (2) shifts; provided however, that where it is part of a gang the provisions of Article 5.3(a) shall apply.
(c) It is understood and agreed that any employee in an arbitrary manner. Such employees meeting the requirements affected under (bArticles 5.2, 5.3(a) or 5.3(b) above shall be given a reasonable period retain the right of time to demonstrate sufficient skill and ability to perform appeal as contained in the jobgrievance procedure.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 (d) No new applicant employees shall be hired in a hospital in which there has been following a layoff until those who were laid off for less than eighteen (18) consecutive months have been given an a reasonable opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by as follows: The Corporation shall make every reasonable attempt to contact and recall employees in order of bargaining unit-wide seniority provided they are qualified to perform the available work and were employed for that type of work.providing they respond within the stipulated time limits. Such notice shall be given so as to be received at least twenty-four
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 12.01 In determining which employee(s) are to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected be laid off and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalled from layoff, the Employer shall consider seniority provided that the employee in question has the skill, qualifications and experience to perform the Local shall meet to discuss the layoffsavailable work.
20.02 If 12.02 This Article shall not apply to layoffs of a temporary nature (i.e. layoffs of up to 30 calendar days).
12.03 When an employee is recalled pursuant to be laid off, the hospital shall notify the employee Article 11.06 (f) and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he immediately available for work, other seniority employees who are qualified may be recalled and shall be paid in lieu thereof for such days. The Hospital will meet with temporarily employed until the Local to discuss senior qualified employee reports within the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsas outlined.
20.03 Subject to 20.04, in 12.04 In the event of a layoffproposed layoff of a permanent or long-term nature, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsEmployer will:
(a) that provide the Association with forty-five (45) days notice of such other job is held by an employee with less seniority;layoff, and
(b) that such employee claiming meet with the job has sufficient qualifications Association to perform review the job. The Hospital shall not assess following:
i) the qualifications reasons causing the layoff;
ii) the method of implementation and the employee(s) laid off;
iii) the names of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit members affected.
20.05 When a Hospital arbitrarily assigns an employee to 12.05 In the event of restructuring, consolidation or extension of any part of the service of the Employer with those of another department/facility, agency or to another position which constitutes a major change in the employee's dutiesagencies, the employee shall have Employer and the right Union agree to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless implement the employee was notified in writing at the time of hiring that the position was a temporary appointmentfollowing:
(a) The Employer will advise the Hospital shall not layoff any employee for any reason other than lack Union concerning the restructuring, consolidation or extension of work; andservices within thirty (30) days after a decision to change services has been taken.
(b) As soon as practical, in the Hospital shall not demote any employee course of developing a plan for the sole purpose implementation in the change of replacing him with an employee services, the Employer shall notify the Union of a higher paid classificationthe projected staffing needs and their location. Such notice shall include the estimated number and types of positions/jobs/ assignments and their location.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.Article
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of 15.01 When reducing the work for reasons other than contracting out force or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalling employees, the Employer and same shall be done by job title on basis of seniority. Where the Local shall meet senior employee possesses sufficient ability to discuss perform the layoffs.
20.02 If an employee is to be laid offrequired work, the hospital senior employee shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job exercise any one (1) of another employee in any department subject to the following conditionsoptions:
(a) that such other job is held by an employee with less To exercise bumping rights on the basis of her/his seniority;
(b) To go on lay-off and be entitled to exercise recall rights;
(c) To go on lay-off and be available on a call-in basis.
15.02 When recalling an employee who has been laid off, the Employer shall attempt to notify the employee by phone. If contact cannot be made by telephone, the Employer shall notify the employee by registered letter addressed to that such employee’s last known address. Nothing in this Article shall preclude the Employer from filling a vacancy temporarily while waiting for a response to a registered letter. If an employee claiming does not respond within one (1) week, the job Employer shall automatically move to the next senior employee. Employees who are not called back within nine (9) months of being laid off or who refuse two (2) call backs shall have their employment relationship severed.
15.03 Where an employee has sufficient qualifications to perform been in the job. The Hospital continuous service of the Employer for at least three (3) consecutive months, the Employer shall not assess the qualifications of lay off the employee without giving the employee at least the following notice or pay in an arbitrary manner. Such employees meeting the requirements under lieu thereof:
(a) one week’s written notice where her/his period of employment is more than three months but less than one year;
(b) above shall be given a reasonable two weeks written notice where her/his period of time to demonstrate sufficient skill and ability to perform the jobemployment is one year or more but less than three years;
(c) four weeks written notice where her/his period of employment is three years or more but less than five years;
(d) six weeks written notice where her/his period of employment is five years or more but less than ten years;
(e) eight weeks written notice where her/his period of employment is ten years or more.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee 15.04 New employees shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall not be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall to be deemed to have applied for such vacanciesre-called.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital 15.05 The Employer shall not layoff any employee for any reason other than lack make every effort to restore hours of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time , by seniority, to employees who are laid-off shall be offered casual and/or temporary employment during have had their period hours reduced before the hiring of recall by order of seniority provided they are available and were employed for that type of worknew employees.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except (a) In case it becomes necessary to reduce the work force by
(i) reduction in cases the number of emergencyemployees, layoffs due or
(ii) reduction in the number of regularly scheduled hours available to lack of work for reasons other than contracting out one or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionmore employees, the Employer will notify the Association and the Local shall meet to discuss the layoffs.
20.02 If an employee is all employees who are to be laid off, the hospital shall notify the employee and the Local, in writing, off at least fourteen (14) calendar days before prior to layoff, except that the fourteen (14) calendar days' notice shall not apply where the layoff is to be effectiveresults from an Act of God, fire, or flood. If the employee is laid off has not given the been provided with an opportunity to work her regularly scheduled hours during fourteen (14) calendar days after notice of layoff, the scheduled work days during the term of notice he employee shall be paid in lieu thereof of such work for such days. The Hospital will meet with that portion of the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten fourteen (1014) calendar days during which work was not made available. Where the layoff results from an Act of such notice and every reasonable effort will be made God, fire or flood the affected employee shall receive pay for the days when work was not available up to provide continuing employment for employees a maximum of two (2) weeks' pay in the hospital and in the bargaining unitslieu of notice.
20.03 Subject (b) If the Employer proposes to 20.04layoff an employee, in while she is on leave of absence, Workers’ Compensation or absent due to illness or injury, she shall not be served with notice under sub-article (a) until she has advised the event Employer of a layoff, employees shall be laid off in the reverse order of their hospital seniorityher readiness to return to work.
20.04 An employee who (c) When notice of ▇▇▇▇▇▇ is affected by work shortage in his department will be entitled delivered to claim the job of another an employee in any department subject to person, the following conditions:employee may be accompanied by a representative of the Association, if one is available.
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Layoff shall be given a reasonable period in reverse order of time to demonstrate sufficient skill and ability to perform seniority, however the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee Employer shall have the right to exercise his seniority retain employees who would otherwise be laid off when layoff in accordance with 20.04this Article would result in retaining employees who are not capable and qualified of performing the work required.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) The parties shall discuss the Hospital shall not demote any employee for appropriate application of the sole purpose of replacing him with an employee of a higher paid classificationabove clause.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 12.01 In determining which employee(s) are to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected be laid off and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalled from layoff, the Employer and shall consider seniority provided that the Local employee in question has the
12.02 This Article shall meet not apply to discuss the layoffslayoffs of a temporary nature (i.e. layoffs of up to 30 calendar days).
20.02 If 12.03 When an employee is recalled pursuant to be laid off, the hospital shall notify the employee Article 11.06 (f) and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he immediately available for work, other seniority employees who are qualified may be recalled and shall be paid in lieu thereof for such days. The Hospital will meet with temporarily employed until the Local to discuss senior qualified employee reports within the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsas outlined.
20.03 Subject to 20.04, in 12.04 In the event of a layoffproposed layoff of a permanent or long-term nature, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsEmployer will:
(a) that Provide the Association with sixty (60) days notice of such other job is held by an employee with less seniority;layoff, and
(b) that such employee claiming Meet with the job has sufficient qualifications Association to perform review the job. following:
i) The Hospital shall not assess reasons causing the qualifications layoff;
ii) The method of implementation and the employee(s) laid off;
iii) The names of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit members affected.
20.05 When a Hospital arbitrarily assigns an employee to 12.05 In the event of restructuring, consolidation or extension of any part of the service of the Employer with those of another department/facility, agency or to another position which constitutes a major change in the employee's dutiesagencies, the employee shall have Employer and the right Union agree to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless implement the employee was notified in writing at the time of hiring that the position was a temporary appointmentfollowing:
(a) The Employer will advise the Hospital shall not layoff any employee for any reason other than lack Union concerning the restructuring, consolidation or extension of work; andservices within thirty (30) days after a decision to change services has been taken.
(b) As soon as practical, in the Hospital shall not demote any employee course of developing a plan for the sole purpose implementation in the change of replacing him with an employee services, the Employer shall notify the Union of a higher paid classificationthe projected staffing needs and their location. Such notice shall include the estimated number and types of positions/jobs/ assignments and their location.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in (a) All cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected layoff and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he recall shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10governed as follows:
i) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees nurses shall be laid off in the reverse accordance with their seniority based on an integrated seniority list of all hours paid since date of last hire, and shall be recalled in order of their hospital seniorityseniority in accordance with the same list, providing that the nurses are qualified, willing, and able to do the necessary work. It is understood and agreed that throughout the bumping procedure the first to be laid off are probationary nurses, followed by those who work casual or relief shifts.
20.04 An employee ii) nurses who is affected by remain available and work shortage in his department during a layoff period will be entitled offered temporary vacancies with greater work commitment prior to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;recalling a nurse from home.
(b) In the event of a layoff intended to be of a permanent or long term nature (that such employee claiming is, thirteen (13) weeks or more) the job has sufficient qualifications Employer will:
i) Provide the Union with sixty (60) days notice;
ii) Meet with the Union to perform review the job. following:
A) the reasons causing the layoff;
B) the services which the Employer will undertake after the layoff;
C) the method of implementation, including areas of cutback and the nurses to be laid off.
(c) The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements sixty (60) days’ notice required under (b) above shall not apply in cases where layoff(s) must be given done on short notice due to circumstances beyond the control of the Employer.
(d) No new nurse will be hired nor will agency nurses be used when there is a reasonable period of time to demonstrate sufficient skill nurse on layoff who is available and ability willing to perform the jobavailable work.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee (e) Termination and severance pay shall have the right to exercise his seniority be in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.the
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union will be given reasonable notice of the Employer’s intention to lack lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by this Agreement, then the Employer shall discuss the problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) he/she has filed a letter indicating that he/she ▇▇- ▇▇▇▇▇▇ work for reasons other than contracting the period of the anticipated work shortage; in such cases he/she will be deemed to have taken leave of absence and to have opted out of the G.W.P. until he/she indicates by letter that he/she is again available for short time work assignments, or
(ii) unless he/she has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which he/she has indicated that he/she will be available, and with respect to any hours for which he/she has indicated that he/ she is not available he/she will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time assignments within his/her seniority group. An em- ployee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be scheduled for any subsequent weeks until he/she noti- fies the employees affected Employer in writing that he/she will be avail- able for reasonable short time work assignments, and until he/she does so he/she will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A regular employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority he/ she has accumulated at the Employer and time the Local shall meet layoff commences up to discuss the layoffsa maximum of two (2) years calculated from his/ her last day at work.
20.02 If (d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that he/she will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which he/she has made himself/herself available. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In- demnity benefits before he/she is actually laid off or scheduled for short time assignments will continue to be laid off, draw benefits for the hospital shall notify duration of his/her illness or up to the employee max- imum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Local, in writing, at least fourteen (14) calendar days before the layoff Weekly Indemnity and Long Term Disabil- ity Plans ceases immediately upon his/her lay off and is to be effective. If the employee is not given the opportunity reinstated upon his/her recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non-occupational accident, shall be ▇▇▇- gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort his/her recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit- ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at his/her own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over- staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol- lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain his/her existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which he/ she has been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 2701 When a reduction in cases the working force becomes necessary, nurses will be laid off in reverse order of emergencyseniority within their occupational classification within the site, layoffs due subject only to lack more senior nurses being qualified, competent and willing to perform the required work. 2702 Notice of work for reasons other than contracting out intention of layoff or mergers equivalent pay thereof shall be given by personal service or by registered mail to the nurse(s) concerned and a copy of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice forwarded to the Union, the Employer and the Local . Notice shall meet be as follows: -- Layoffs of six (6) weeks or less - two (2) weeks notice; -- Layoffs of longer than six (6) weeks - four (4) weeks notice. A nurse who is on layoff shall not be entitled to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the notice of layoff is to be effective. If the employee is not given the opportunity when she/he comes back to work on an incidental basis. 2703 No layoff of full-time or part-time nurses shall occur within a site when casual nurses are being employed within that site, unless no full-time or part-time nurse on staff within that site is qualified, competent and willing to fill the scheduled work days during the term of notice he position(s) in question. Notwithstanding Article 3402, additional available shifts shall be paid in lieu thereof for such daysoffered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the required work. The Hospital will meet with During the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten first three (103) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event years of a layoff, employees the nurse on layoff will receive preferential consideration for the assignment of such shifts at the Team Office/ site of layoff, provided that this will not result in her/him working in excess of her/his regular EFT commitment. In addition, during the first three (3) years of layoff, if a laid off nurse indicates her/his availability for additional available shifts at any of the other Team Offices/sites comprising the Regional Health Authority, she/he will receive preferential consideration over part-time nurses for the assignment of such shifts, provided that this will not result in her/his working in excess of her/his regular EFT commitment. During the period between three (3) to five (5) years, a laid off nurse may indicate availability for additional available shifts within any of the Team Offices/sites comprising the Regional Health Authority but will not receive preferential consideration over part-time nurses. Notwithstanding 1405, during the period between three (3) to five (5) years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not applicable to the base EFT of a term position occupied by a laid off in nurse. In the reverse order event the nurse accepts additional available shifts, the provisions of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will the Collective Agreement shall be entitled to claim the job of another employee in any department subject to the following conditionsapplicable except as modified hereinafter:
(a) that such other job is held by an employee vacation pay shall be calculated in accordance with less seniority;section 2103 and shall be paid at the prevailing rate for the nurse on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay,
(b) income protection accumulation shall be calculated as follows: worked by the laid-off nurse Entitlement X of Full-time Full-time hours Nurse
(c) in the event the layoff is longer than twenty-six (26) weeks, seniority shall be calculated in accordance with regular hours worked,
(d) the nurse shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque,
(e) participation in benefit plans is subject to the provisions of each plan. Any period of time during the layoff when the nurse works additional available shifts or works in a term position shall not extend the five (5) year period referenced in Article 25. However, a nurse on layoff who agrees to work in a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2704 No new nurses will be hired at a site when other nurses are on layoff from that such employee claiming site, except for reasons of a special skill requirement. 2705 All nursing job vacancies, permanent and term, shall be posted in accordance with the job has sufficient qualifications terms of this agreement. Nurses on layoff shall be entitled to apply for these vacancies. 2706 Nurses shall be recalled in seniority order to available positions in equal or lower paid occupational classifications at the originating site or at other sites within a fifty (50) kilometre radius of the originating site provided they are qualified to perform the jobrequired work. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facilityIn addition, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that layoff, nurses may request recall to sites outside the fifty (50) kilometre radius. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) week's notice to report back to work. The nurses affected will contact the Employer by telephone not later than four (4) days, excluding Saturdays, Sundays and Recognized Holidays following the notice of recall being delivered. Failure to notify as above shall result in the nurse being placed last on the recall list. A nurse being placed last on the recall list who is subsequently recalled to work and who fails to report for duty as scheduled without valid reason shall have her/his employment terminated. 2707 In the event of a deletion of an occupied position, as much notice as possible shall be given to the incumbent who will be entitled to exercise her/his seniority rights, subject to her/his ability, performance and qualifications, to displace a nurse in a position of equal or lower classification within the site. Where it is not possible due to seniority level or where there are no positions available within .2 of the EFT of the position was occupied by the nurse at the time of the deletion, the nurse shall be entitled to exercise her/his seniority rights, subject to her/his ability, performance and qualifications, to displace a temporary appointment:
nurse in a position of equal or lower classification within any of the other sites comprising the Regional Health Authority. Any nurse thus displaced shall also be entitled to a like exercise of seniority rights. 2708 Laid off nurses shall be entitled to apply for nursing job vacancies in any of the sites comprising the Regional Health Authority, other than those to which they have recall rights. Copies of job postings will be sent to the President of the Worksite during the period when any nurses are on layoff. 2709 Accumulated vacation entitlement shall be paid out at time of layoff except where, prior to the date of layoff, a nurse has been awarded a term or permanent position which commences within four (a4) the Hospital shall not layoff any employee weeks of date of layoff. 2710 Nurses who are absent from work due to a leave of absence for any reason other than lack shall be advised of work; and
(b) the Hospital layoff or deletion of their position in accordance with this Agreement and shall be required to comply with all provisions of this Agreement except that they shall not demote any employee for be expected to return to work prior to the sole purpose expiry of replacing him with an employee their leave of a higher paid classificationabsence.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union will be given reasonable notice of the Employer’s intention to lack lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as‑ signments for employees in several seniority groups cov‑ ered by this Agreement, then the Employer shall discuss the problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) he/she has filed a letter indicating that he/she de‑ ▇▇▇▇▇▇ work for reasons other than contracting the period of the anticipated work shortage; in such cases he/she will be deemed to have taken leave of absence and to have opted out of the G.W.P. until he/she indicates by letter that he/she is again available for short time work assignments, or
(ii) unless he/she has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em‑ ployee must accept all reasonable short time work assignments for which he/she has indicated that he/she will be available, and with respect to any hours for which he/she has indicated that he/ she is not available he/she will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre‑ sumed to be available for all reasonable short time assignments within his/her seniority group. An em‑ ployee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be scheduled for any subsequent weeks until he/she notifies the employees affected Employer in writing that he/she will be available for reasonable short time work assignments, and until he/she does so he/she will be deemed on lay‑ off but not eligible for benefits under the Local have been given G.W.P.
(c) A regular employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority he/ she has accumulated at the Employer and time the Local shall meet layoff commences up to discuss the layoffsa maximum of two (2) years calculated from his/ her last day at work.
20.02 If (d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that he/she will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which he/she has made himself/herself available. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In‑ demnity benefits before he/she is actually laid off or scheduled for short time assignments will continue to be laid off, draw benefits for the hospital shall notify duration of his/her illness or up to the employee max‑ imum allowed by the Plan. An employee’s eligibility for personal leave and partici‑ pation in the Local, in writing, at least fourteen (14) calendar days before the layoff Weekly Indemnity and Long Term Disabil‑ ity Plans ceases immediately upon his/her lay off and is to be effective. If the employee is not given the opportunity reinstated upon his/her recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non‑occupational accident, shall be ▇▇▇‑ gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort his/her recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit‑ ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at his/her own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over‑ staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol‑ lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain his/her existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which he/ she has been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases a) If a reduction of emergency, layoffs regular employees is necessary due to lack a shortage of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionbudgetary restraints, the Employer shall meet with, and advise the Union of the proposed reduction and the Local jobs affected as soon as possible, and no reduction in staff shall meet occur until the following procedures are applied. The basic principle in applying layoff to discuss the layoffs.
20.02 If an any regular employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04last hired, in the event of a layoff, employees shall be first laid off in provided the reverse order of their hospital seniority.
20.04 An retained employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to can perform the job.
20.05 When a Hospital arbitrarily assigns an employee b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to another department/facilityaffected employees before the scheduled reduction takes place. If the written notice is not given, or pay in lieu will be provided.
c) The Employer will endeavour to another position which constitutes a major change place regular employees so affected in other vacant positions within the Victoria Regional Transit System for which, in the opinion of the Employer, they are qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) working days. In such cases the Union agrees to waive the requirement to post. Where placement in an equal level job is made available to an employee's duties, the employee shall not have the right any bumping rights under this Article.
8.02 A regular employee who is subject to layoff, and not eligible for placement under 8.01(c), may elect to exercise his bumping rights, in the Victoria Regional Transit System on the following basis:
a) An employee with less seniority in accordance the same job classification, or failing that, either: b)
(i) An employee with 20.04.
20.06 No new applicant shall be hired less seniority in a hospital in job which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that the position was displaced employee has not previously held but which, in the opinion of the Employer, the employee is qualified or will be qualified within a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their reasonable period of recall by order training and orientation. Such period of seniority provided they are available and were employed for that type of work.orientation is not to exceed thirty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 2701 When a reduction in cases the working force becomes necessary, nurses will be laid off in reverse order of emergencyseniority within their occupational classification, layoffs due subject only to lack more senior nurses being qualified, competent and willing to perform the required work. 2702 Notice of work for reasons other than contracting out intention of layoff or mergers equivalent pay thereof shall be given by personal service or by registered mail to the nurse(s) concerned and a copy of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice forwarded to the Union, the Employer and the Local . Notice shall meet be as follows: -- Layoffs of six (6) weeks or less - two (2) weeks notice; -- Layoffs of longer than six (6) weeks - four (4) weeks notice. A nurse who is on layoff shall not be entitled to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the notice of layoff is to be effective. If the employee is not given the opportunity when she/he comes back to work on an incidental basis. 2703 No layoff of full-time or part-time nurses shall occur when casual nurses are being employed, unless no full-time or part-time nurse on staff is qualified, competent and willing to fill the scheduled work days during the term of notice he position(s) in question. Notwithstanding Article 3402, additional available shifts shall be paid in lieu thereof for such daysoffered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the required work. The Hospital will meet with During the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten first three (103) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event years of a layoff, employees the nurse on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular EFT commitment. During the period between three (3) to five (5) years, a laid off nurse may indicate availability for additional available shifts but will not receive preferential consideration over part-time nurses. Notwithstanding 1405, during the period between three (3) to five (5) years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not applicable to the base EFT of a term position occupied by a laid off in nurse. In the reverse order event the nurse accepts additional available shifts, the provisions of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will the Collective Agreement shall be entitled to claim the job of another employee in any department subject to the following conditionsapplicable, except as modified hereinafter:
(a) that such other job is held by an employee vacation pay shall be calculated in accordance with less seniority;section 2103 and shall be paid at the prevailing rate for the nurse on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay,
(b) that such employee claiming income protection accumulation shall be calculated as follows: Additional available hours worked by the laid-off nurse Entitlement X of Full-time Full-time hours Nurse
(c) in the event the layoff is longer than twenty-six (26) weeks, seniority shall be calculated in accordance with regular hours worked,
(d) the nurse shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque,
(e) participation in benefit plans is subject to the provisions of each plan. Any period of time during the layoff when the nurse works additional available shifts or works in a term position shall not extend the five (5) year period referenced in Article 25. However, a nurse on layoff who agrees to work in a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2704 No new nurses will be hired when other nurses are on layoff except for reasons of a special skill requirement. 2705 All nursing job has sufficient qualifications vacancies, permanent and term, shall be posted in accordance with the terms of this agreement. Nurses on layoff shall be entitled to apply for these vacancies. 2706 Nurses shall be recalled in seniority order to available positions in equal or lower paid occupational classifications provided they are qualified to perform the jobrequired work. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) weeks’ notice to report back to work. The Hospital nurses affected will contact the Department of Nursing by telephone not later than four (4) days, excluding Saturdays, Sundays and Recognized Holidays following the notice of recall being delivered. Failure to notify as above shall not assess result in the qualifications nurse being placed last on the recall list. A nurse being placed last on the recall list who is subsequently recalled to work and who fails to report for duty as scheduled without valid reason shall have her/his employment terminated. 2707 In the event of the employee in a deletion of an arbitrary manner. Such employees meeting the requirements under (b) above occupied position, as much notice as possible shall be given to the incumbent who will be entitled to exercise her/his seniority rights, subject to her/his ability, performance and qualifications, to displace a reasonable nurse in a position of equal or lower classification. Any nurse thus displaced shall also be entitled to a like exercise of seniority rights. 2708 Laid off nurses shall be entitled to apply for nursing job vacancies other than those to which they have recall rights. Copies of job postings will be sent to the President of the Local during the period when any nurses are on layoff. 2709 Accumulated vacation entitlement shall be paid out at time of time layoff except where, prior to demonstrate sufficient skill and ability to perform the job.
20.05 When date of layoff, a Hospital arbitrarily assigns an employee to another department/facility, nurse has been awarded a term or to another permanent position which constitutes commences within four (4) weeks of date of layoff. 2710 Nurses who are absent from work due to a major change in the employee's duties, the employee leave of absence for any reason shall have the right to exercise his seniority be advised of layoff or deletion of their position in accordance with 20.04.
20.06 No new applicant this Agreement and shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which required to comply with all provisions of this Agreement except that they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack be expected to return to work prior to the expiry of work; and
(b) the Hospital shall not demote any employee for the sole purpose their leave of replacing him with an employee of a higher paid classificationabsence.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Agreement
Layoff and Recall. 20.01 Except SECTION A. A layoff is a reduction in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given working force within a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsclassification within a Department.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in SECTION B. In the event of a layoff, the following procedures shall be followed:
1. Probationary employees within the affected classification within the Department will be laid off first.
2. Thereafter, seniority employees with the affected classification within the Department will be laid off according to classification seniority, providing the remaining employees in the classification within the Department can perform the available work.
SECTION C. For purposes of this Article, the term "classification seniority" means the date appearing on the City's records on which an employee began working in a given classification.
SECTION D. Probationary employees shall be considered as terminated rather than laid off in the event of a reduction in work force. There shall be no requirement for the City to rehire. In the event they are rehired at a later date, they shall be treated for all purposes of this Agreement as a new employee.
SECTION E. Temporary adjustments of the work force due to such things as emergencies, breakdown of equipment, fire, flood, power failure, labor disputes, civil disorders, and conditions beyond the control of the Employer may be made without application to the above provisions. If such a temporary adjustment continues for more than five (5) working days, the Union may request the Employer to adjust the working force according to the above Sections, and the Employer will do so within three (3) working days thereafter. The provision will not be used to discipline any employee.
SECTION F. When possible, employees to be laid off for an indefinite period of time shall receive at least thirty (30) calendar days notice of layoff. The Union President shall be notified of the employees being laid off on the same day the notices are issued to the employees.
SECTION G. Employees will be recalled in the reverse order of their hospital seniority.
20.04 An the layoff, providing the employee who is affected by work shortage in his department will can perform the available work. Notice of recall shall be entitled to claim the job of another employee in any department subject sent to the following conditions:
(a) that such other job is held employee at his last known address by registered or certified mail. If an employee with less seniority;
fails to report to work within ten (b10) that such employee claiming days from the job has sufficient qualifications date of mailing of the notice of recall, he shall be considered to perform have voluntarily left the jobemployment of the City. The Hospital shall not assess the qualifications City may grant reasonable extensions of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable this period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, those cases where the employee shall have the right for good cause is unable to exercise his seniority in accordance with 20.04report to work, but not to exceed an additional twenty (20) days.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 14.01 In the event of a reduction in cases the number of emergencyemployees in the plant, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff shall be given five (5) working days notice of layoff except in circumstances which are beyond the control of the Company, in which case the hospital employees shall notify be given two (2) working days notice of layoff. The names of these employees shall be given in writing to the Plant Chairperson. Normal fluctuations in customer demands are not considered as beyond the control of the Company.
14.02 Layoffs shall be carried out as follows:
a) Employees having greater amount of seniority shall be retained at work over employees having lesser amounts of seniority provided they are willing and able and have the skill and ability to perform the work.
14.03 Any employee affected by a reduction in the workforce, may exercise their seniority rights by notification to supervision of the classifications that they are willing to be recalled to, within three (3) working days of being notified. Notice shall be in duplicate on forms supplied by the Company and signed by the employee and the Local, in writing, at least fourteen (14) calendar days before the supervision.
14.04 Any employee who is transferred to another job because of a layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff applicable job rate while so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsemployed.
20.03 Subject to 20.0414.05 Notwithstanding their seniority status, the Plant Committee in the event of a layoff, employees shall be laid off continue at work as long as work is available in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim Company for which they are willing and able and have the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When 14.06 In the event that there is an increase in the workforce after a Hospital arbitrarily assigns layoff, the Plant Committee shall be first to be recalled, as work is available in the Company which they are willing and able and have the skill and ability to perform the work.
14.07 Where a dispute arises regarding an employee being able to another department/facilitydo the work available, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant he shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity to perform the job for a jobreasonable period not to exceed five (5) working days, for which they are qualifiedunless his performance indicates injury or damage possibilities.
14.08 In the event of an increase in the workforce, under Article 31. Those qualified the Company agrees to call the most senior employee on the seniority list to do the work available.
14.09 a) If an employee is laid off employees shall be deemed to have applied out of classification and then utilized in that classification for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of workfive (5) consecutive days, he will be immediately reinstated back into the classification he was laid off from.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. A. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniorityseniority within their classification.
20.04 B. Laid off employees can bump junior employees provided they have the necessary qualifications and the ability to perform such job.
C. The employer shall notify employees who are to be laid off, ten (10) working days prior to the effective day of layoff, or award pay in lieu thereof, unless a greater period of notice is required by legislation, in which case, such greater period of notice or pay in lieu thereof shall be given.
D. Employees shall be recalled in order of their seniority, where jobs become available, provided they have the qualifications and the ability to perform such jobs following a trial or training period. The employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee shall return to work within seven (7) working days from the time that he/she receives notice of recall unless, on reasonable grounds, he/she is unable to do so. An employee who is affected by work shortage has been given notice of recall may refuse to exercise such right without prejudicing his/her right to recall in his department will the future should the recall be for part- time or temporary.
E. No new employees shall be hired until those laid off have been given the opportunity of recall. Laid-off employees who wish to be notified of job vacancies, other than those to which they have recall rights, may signify their desire in writing prior to layoff and shall be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that apply for such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the jobjobs. The Hospital shall not assess the qualifications A copy of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above employee’s request shall be given a reasonable period of time to demonstrate sufficient skill the employer and ability sent to perform the jobUnion.
20.05 When F. In the event of a Hospital arbitrarily assigns an employee to another department/facilitylayoff, or to another position which constitutes a major change in the employee's duties, the employee employees affected shall have the right to exercise his seniority in accordance with 20.04continue coverage of benefits, as permissible by the Plan, by making 100% of the payment directly to the Town.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off the Corporation may layoff in the reverse order of their hospital seniorityseniority within the classification.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming Laid off employees will be recalled on the job has sufficient qualifications basis of seniority within the classification to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobavailable or new postings which otherwise would have been posted.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 (c) No new applicant employees shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an the opportunity for a jobto return to work and have failed to notify the Corporation of their intention to do so, for which they are qualifiedin accordance with (d) below, under Article 31. Those qualified or have been found unable to perform the work available.
(d) It is the sole responsibility of the employee who has been laid off employees to notify the Corporation of her intention to return to work within five (5) working days (exclusive of Saturdays, Sundays, and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Corporation (which notification shall be deemed to have applied been received on the second day following the date of mailing) and to return to work within ten (10) working days after being notified. The notification shall state the job to which the employee shall report for such vacancieswork. The employee is solely responsible for her proper address being on record with the Corporation.
20.07 Unless (e) Where the employee was notified fails to notify the Corporation or to return to work in writing at accordance with the time provisions of hiring that paragraph (d), she shall lose all seniority and deemed to have quit the position was a temporary appointment:employ of the Corporation.
(af) In the Hospital event that a layoff commences on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff any employee for any reason other than lack of work; andcommenced.
(bg) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and No full-time employees who are laid-off employee within the bargaining unit shall be offered casual and/or temporary employment during their period laid off by reason of recall by order of seniority provided they are available and were employed for that type of workhis/her duties being assigned to one or more part-time employees.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 2701 When a reduction in cases the working force becomes necessary, nurses will be laid off in reverse order of emergencyseniority within their occupational classification, layoffs due subject only to lack more senior nurses being qualified, competent and willing to perform the required work. 2702 Notice of work for reasons other than contracting out intention of layoff or mergers equivalent pay thereof shall be given by personal service or by registered mail to the nurse(s) concerned and a copy of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice forwarded to the Union, the Employer and the Local . Notice shall meet be as follows: -- Layoffs of six (6) weeks or less - two (2) weeks notice; -- Layoffs of longer than six (6) weeks - four (4) weeks notice. A nurse who is on layoff shall not be entitled to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the notice of layoff is to be effective. If the employee is not given the opportunity when she/he comes back to work on an incidental basis. 2703 No layoff of full-time or part-time nurses shall occur when casual nurses are being employed, unless no full-time or part-time nurse on staff is qualified, competent and willing to fill the scheduled work days during the term of notice he position(s) in question. Notwithstanding Article 3402, additional available shifts shall be paid in lieu thereof for such daysoffered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the required work. The Hospital will meet with During the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten first three (103) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event years of a layoff, employees the nurse on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular EFT commitment. During the period between three (3) to five (5) years, a laid off nurse may indicate availability for additional available shifts but will not receive preferential consideration over part-time nurses. Notwithstanding 1405, during the period between three (3) to five (5) years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not applicable to the base EFT of a term position occupied by a laid off in nurse. In the reverse order event the nurse accepts additional available shifts, the provisions of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will the Collective Agreement shall be entitled to claim the job of another employee in any department subject to the following conditionsapplicable except as modified hereinafter:
(a) that such other job is held by an employee vacation pay shall be calculated in accordance with less seniority;section 2103 and shall be paid at the prevailing rate for the nurse on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay,
(b) that such employee claiming income protection accumulation shall be calculated as follows: worked by the laid-off nurse Entitlement X of Full-time Full-time hours Nurse
(c) in the event the layoff is longer than twenty-six (26) weeks, seniority shall be calculated in accordance with regular hours worked,
(d) the nurse shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque,
(e) participation in benefit plans is subject to the provisions of each plan. Any period of time during the layoff when the nurse works additional available shifts or works in a term position shall not extend the five (5) year period referenced in Article 25. However, a nurse on layoff who agrees to work in a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2704 No new nurses will be hired when other nurses are on layoff except for reasons of a special skill requirement. 2705 All nursing job has sufficient qualifications vacancies, permanent and term, shall be posted in accordance with the terms of this agreement. Nurses on layoff shall be entitled to apply for these vacancies. 2706 Nurses shall be recalled in seniority order to available positions in equal or lower paid occupational classifications provided they are qualified to perform the jobrequired work. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) week's notice to report back to work. The Hospital nurses affected will contact the Department of Nursing by telephone not later than four (4) days, excluding Saturdays, Sundays and Recognized Holidays following the notice of recall being delivered. Failure to notify as above shall not assess result in the qualifications nurse being placed last on the recall list. A nurse being placed last on the recall list who is subsequently recalled to work and who fails to report for duty as scheduled without valid reason shall have her/his employment terminated. 2707 In the event of the employee in a deletion of an arbitrary manner. Such employees meeting the requirements under (b) above occupied position, as much notice as possible shall be given to the incumbent who will be entitled to exercise her/his seniority rights, subject to her/his ability, performance and qualifications, to displace a reasonable nurse in a position of equal or lower classification. Any nurse thus displaced shall also be entitled to a like exercise of seniority rights. 2708 Laid off nurses shall be entitled to apply for nursing job vacancies other than those to which they have recall rights. Copies of job postings will be sent to the President of the Local during the period when any nurses are on layoff. 2709 Accumulated vacation entitlement shall be paid out at time of time layoff except where, prior to demonstrate sufficient skill and ability to perform the job.
20.05 When date of layoff, a Hospital arbitrarily assigns an employee to another department/facility, nurse has been awarded a term or to another permanent position which constitutes commences within four (4) weeks of date of layoff. 2710 Nurses who are absent from work due to a major change in the employee's duties, the employee leave of absence for any reason shall have the right to exercise his seniority be advised of layoff or deletion of their position in accordance with 20.04.
20.06 No new applicant this Agreement and shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which required to comply with all provisions of this Agreement except that they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack be expected to return to work prior to the expiry of work; and
(b) the Hospital shall not demote any employee for the sole purpose their leave of replacing him with an employee of a higher paid classificationabsence.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 2701 When a reduction in cases of emergencythe working force becomes necessary, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals nurses will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid offoff in reverse order of seniority within their occupational classification, subject only to more senior nurses being qualified and willing to perform the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectiverequired work. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in 2702 In the event of a layoff, employees nurses other than probationary nurses shall be laid off receive notice or pay in the reverse order lieu of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionssuch notice as follows:
(a) that such other job is held by an employee with less senioritytwo (2) weeks notice for layoff up to seven (7) weeks;
(b) that such employee claiming four (4) weeks notice for layoff of more than seven (7) weeks. A nurse who is on layoff shall not be entitled to notice of layoff when she/he comes back to work on an incidental basis. 2703 No layoff of full-time or part-time nurses shall occur when casual nurses are being employed, unless no full-time or part-time nurses on staff are qualified to fill the job has sufficient qualifications position(s) in question. Notwithstanding Article 3402, additional available shifts shall be offered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the jobrequired work. The Hospital During the first three (3) years of a layoff, the nurse on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular EFT commitment. During the period between three (3) to five (5) years, a laid off nurse may indicate availability for additional available shifts but will not receive preferential consideration over part-time nurses. Notwithstanding 1404, during the period between three (3) to five (5) years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not assess applicable to the qualifications base EFT of a term position occupied by a laid off nurse. In the event the nurse accepts additional available shifts, the provisions of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Collective Agreement shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentapplicable except as modified hereinafter:
(a) vacation pay shall be calculated in accordance with section 2103 and shall be paid at the Hospital prevailing rate for the nurse on each pay cheque, and shall not layoff any employee for any reason other than lack be prorated on the basis of work; andhours paid at regular rate of pay,
(b) income protection accumulation shall be calculated as follows: Additional available hours worked by the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off nurse X Entitlement of
(c) in the event the layoff is longer than twenty-six (26) weeks, seniority shall be offered casual and/or temporary employment during their calculated in accordance with regular hours worked,
(d) the nurse shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque,
(e) participation in benefit plans is subject to the provisions of each plan. Any period of recall by time during the layoff when the nurse works additional available shifts or works in a term position shall not extend the five (5) year period referenced in Article 25. However, a nurse on layoff who agrees to work in a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2704 No new nurses will be hired when other nurses are on layoff except for reasons of a special skill requirement. 2705 All nursing job vacancies, permanent and term, shall be posted in accordance with the terms of this agreement. Nurses on layoff shall be entitled to apply for these vacancies. 2706 Nurses shall be recalled in seniority order of seniority to available positions in equal or lower paid occupational classifications provided they are qualified to perform the required work. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) week's notice to report back to work. Notwithstanding Article 3001, the above mentioned available positions shall not be posted while nurse(s) are on layoff. The nurses affected will contact the Department of Nursing by telephone not later than four (4) days, excluding Saturdays, Sundays and were employed Recognized Holidays following the notice of recall being delivered. Failure to notify as above shall result in the nurse being placed last on the recall list. A nurse being placed last on the recall list who is subsequently recalled to work and who fails to report to duty as scheduled, without valid reason, shall have her/his employment terminated. 2707 In the event of a deletion of an occupied position, as much notice as possible shall be given to the incumbent, and the incumbent will be entitled to exercise her/his seniority rights subject to her/his ability, performance, and qualifications to displace a nurse in a position of equal or lower classification. Any nurse thus displaced shall also be entitled to a like exercise of seniority rights. 2708 Laid off nurses shall be entitled to apply for nursing job vacancies other than those to which they have recall rights. Copies of job postings will be sent to the President of the Local during the period when any nurses are on layoff. 2709 Accumulated vacation entitlement shall be paid out at time of layoff except where, prior to the date of layoff, a nurse has been awarded a term or permanent position which commences within four (4) weeks of date of layoff. 2710 Nurses who are absent from work due to a leave of absence for any reason shall be advised of layoff or deletion of their position in accordance with this Agreement and shall be required to comply with all provisions of this Agreement except that type they shall not be expected to return to work prior to the expiry of worktheir leave of absence.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 6.01 A layoff is defined as any reduction in cases of emergency, layoffs the work force due to lack of work for reasons work, reduction or discontinuation of a service that would result in the involuntary displacement of an employee, other than contracting out or mergers discharge for just cause.
6.02 Should the Gallery contemplate the layoff of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30Employee(s) calendar days' notice of intent. In conjunction with the notice to represented by the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital Gallery shall notify the employee and the Local, Local President in writing, at least fourteen writing as far in advance as possible but in any event forty (1440) calendar days before in advance of the layoff is expected date of implementation of a layoff. Such notification to be effective. If the Union shall include the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so name(s) and position(s) affected. Discussion Notice to the employee will commence between the parties within be ten (10) calendar days of such after the notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming Local President or her designate and the job has sufficient qualifications to perform the jobOPSEU Union representative. The Hospital shall not assess employer further agrees to meet with the qualifications Union, through the Labour/Management Committee within three (3) working days of notification to the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time Union to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentreview:
(a) the Hospital shall not layoff any employee reason(s) for any reason other than lack of work; andthe layoff.
(b) potential alternatives which may include but are not limited to the Hospital utilization of other means, such as normal retirements, early retirements, unpaid leaves, voluntary layoff, or severance. The Gallery and the Union will attempt to assist employees to find alternate employment.
6.03 For the purposes of layoff the following factors shall not demote be considered:
i) seniority;
ii) qualifications, skill, ability, and experience. It is agreed that only where the factors in clause (ii) are relatively equal between employees, seniority as herein defined will govern.
6.04 Where a regular part-time employee is to be laid off indefinitely or in any employee event for more than thirteen (13) weeks, the sole purpose of replacing him with an employee Gallery will provide minimum written notice as follows:
6.05 In the event of a higher paid classificationreduction in the number of employees, layoff of employees shall be based on the following provisions:
(a) probationary part-time employees, temporary part-time employees, and occasional part-time employees performing the work in question shall be laid off before regular part-time employees performing the work in question.
20.08 Part-time and full(b) regular part-time employees who are laid-off subject to layoff shall have the right to either:
(i) accept the layoff and be offered casual and/or temporary employment during their period placed on recall; or
(ii) waive recall rights and accept payment of recall by order of seniority severance (if eligible).
6.06 Severance pay will be provided they are available and were employed for that type of work.in accordance with the Employment Standards Act with the enhancement set out below:
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
a) declaring a short term layoff,
b) by eliminating one (1) or more bargaining unit positions from the department, or
c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least proposed layoff fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term in advance of notice he shall be paid to the employee(s); and
b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof for such days. The Hospital thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the University will meet with the Local Union to discuss inform the disposition Union of staff so affectedits intention and the reason(s) for the layoff. Discussion At this meeting, the University and the Union may explore and agree to alternative arrangements that meet the operational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
17.04 An employee will commence between normally be expected to work through the parties within ten (10) calendar days notice period, but the University may choose not to require the employee to attend at work during all or part of such the notice and every reasonable effort period in which case the employee will be made so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to provide continuing employment for employees Article 17.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the hospital Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the bargaining unitssame classification.
20.03 Subject 17.07 The notice period shall begin on the date that written notice of layoff is received by the employee or the date on which written notice of layoff is delivered by registered mail to 20.04the employee’s address on file with Human Resources, whichever is earlier.
a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
c) if an employee is on short term sick leave, the notice period will begin on the date the employee is deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.
17.09 Employees shall have the following entitlements in the event of a layoff;
a) An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University’s pension plan as outlined in Article 23; or
(iii) elect to fill a vacant position, provided they are qualified to perform the available work; or
(iv) displace an employee with lesser seniority whose work they are qualified to perform.
b) In all cases of layoff:
(i) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. The unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.
(iii) All regular part-time and regular full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new employee is hired into either category.
(iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Part-time employee has greater seniority than a Full-time employee, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee hired until all those employees who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except (a) The Department in cases its sole discretion shall determine whether layoffs are necessary and shall determine which job title(s) shall be affected. Such reasons include without limitation the following situations: (1) financial necessity, (2) operational efficiency and (3) program reduction. The Department's determination to effectuate a layoff shall be final and not subject to the grievance or arbitration procedures of emergencythis Agreement.
(b) Whenever layoffs are contemplated, the Department shall notify the Union as early as possible. At the same time, the Department shall request immediate notification by area supervisors of any vacancies, which exist or are anticipated within the next 60 days. At the time that any notices of individual lay-offs are sent, the Department shall have a current list of actual and anticipated vacancies on file in the Human Resources Area. If the Union wishes to propose alternatives to layoffs, the Department will hear such alternatives but in no case will it be obligated to accept the Union's proposals. Any such Union proposals should be made to the Department at the earliest opportunity. Notices of individual layoffs due shall be provided, in writing, by the General Manager to lack each individual employee who is to be laid off no less than sixty (60) days prior to the effective date of work such layoff. If an employee is unavailable to receive notice of layoff for reasons other than contracting out or mergers a period of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty five (305) calendar days' days from when said notice of intent. In conjunction with is prepared, the General Manager shall provide said written notice to the Union, and such notice shall be considered notice to the Employer and the Local employee. Such notice shall meet to discuss the layoffsbe by certified mail, return receipt requested.
20.02 If an (c) Within a job title(s) affected by a layoff, the employee(s) having the least seniority as defined in Article VI shall be laid off.
(d) An employee who is given notice that he/she is to be laid off, the hospital shall notify the employee and the Local, in writing, who has had at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term one consecutive year of notice he shall be paid in lieu thereof for such days. The Hospital satisfactory or better evaluations, will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall also have the right to attempt to displace a less senior employee in a position for which he/she is as qualified as the incumbent, or can reasonably be expected to be as qualified as the incumbent by the end of the sixty (60) day probationary period with usual and customary on the job training. Provided, however, that an employee may exercise his seniority in accordance with 20.04displacement rights only into a job title which has a pay grade which is equal to or lower than his/her own. Any such employee may also elect against exercising displacement rights, receive three hundred twenty (320) hours of severance pay at the next payment date and immediately be placed on lay-off status.
20.06 No new applicant (e) An employee who has received written notice of layoff shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.fourteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due 11.01 In determining which employee(s) are to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected be laid off and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionrecalled from layoff, the Employer shall consider seniority provided that the employee in question has the skill, qualifications and experience to perform the Local shall meet to discuss the layoffsavailable work.
20.02 If 11.02 This Article shall not apply to layoffs of a temporary nature (i.e. layoffs of up to 30 calendar days).
11.03 When an employee is recalled pursuant to be laid off, the hospital shall notify the employee Article 10.06 (f) and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he immediately available for work, other seniority employees who are qualified may be recalled and shall be paid in lieu thereof for such days. The Hospital will meet with temporarily employed until the Local to discuss senior qualified employee reports within the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsas outlined.
20.03 Subject to 20.04, in 11.04 In the event of a layoffproposed layoff of a permanent or long-term nature, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsEmployer will:
(a) that Provide the Association with sixty (60) days notice of such other job is held by an employee with less seniority;layoff, and
(b) that such employee claiming Meet with the job has sufficient qualifications Association to perform review the job. following:
i) The Hospital shall not assess reasons causing the qualifications layoff;
ii) The method of implementation and the employee(s) laid off;
iii) The names of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobbargaining unit members affected.
20.05 When a Hospital arbitrarily assigns an employee to 11.05 In the event of restructuring, consolidation or extension of any part of the service of the Employer with those of another department/facility, agency or to another position which constitutes a major change in the employee's dutiesagencies, the employee shall have Employer and the right Union agree to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless implement the employee was notified in writing at the time of hiring that the position was a temporary appointmentfollowing:
(a) The Employer will advise the Hospital shall not layoff any employee for any reason other than lack Union concerning the restructuring, consolidation or extension of work; andservices within thirty (30) days after a decision to change services has been taken.
(b) As soon as practical, in the Hospital shall not demote any employee course of developing a plan for the sole purpose implementation in the change of replacing him with an employee services, the Employer shall notify the Union of a higher paid classificationthe projected staffing needs and their location. Such notice shall include the estimated number and types of positions/jobs/ assignments and their location.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except 16.01 In the event of lay-off, the Clinic shall lay-off employees in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction accordance with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsprocedure in Article 16.
20.02 If an 16.02 The Clinic shall give each employee in the bargaining unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, such notice in writing of her lay-off in accordance with the following schedule: Up to one year’s seniority 1 week’s notice 1 year but less than 3 years’ seniority 2 weeks’ notice 3 years’ but less than 4 years’ seniority 3 weeks’ notice 4 years but less than 5 years’ seniority 4 weeks’ notice 5 years’ but less than 6 years’ seniority 5 weeks’ notice 6 years but less than 7 years’ seniority 6 weeks’ notice 7 years’ but less than 8 years’ seniority 7 weeks’ notice 8 years’ seniority or more 8 weeks’ notice Such notice will be handed to the employee and a signed acknowledgement requested if the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered mail. An employee on lay-off and recalled to a temporary position shall not be entitled to further notice of lay- off. Such notice shall not be required if the lay-off occurs because of emergencies (for example, fire, act of God, power failure or equipment breakdown), or for any other reason beyond the Clinic’s control. In the alternative, the Clinic may choose to pay the employee in lieu of notice the amount of pay as constituted by the appropriate number of weeks set out.
16.03 In all other cases of lay-off, the hospital Clinic shall notify the give each employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsunit who has acquired seniority one (1) week’s notice.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 16.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to lay-off shall have the following conditionsright to either:
(a) that such other job is held by an employee with less seniority;accept the layoff; or
(b) that such displace the least senior employee claiming in the job has sufficient qualifications to same classification; the displaced employee may then displace the least senior full time bargaining unit employee; the displaced full time bargaining unit employee will displace the least senior part time bargaining unit employee, provided that:
(i) the laid off employee can perform the jobwork within the normal orientation period of one (1) week. The Hospital In no case shall not assess the qualifications an employee who is subject to lay-off be able to “bump” to a higher-rated position or obtain a promotion through such circumstance. See Letter of the Understanding at Schedule “C”
16.05 An employee in an arbitrary manner. Such employees meeting the requirements laid off under (b) above Article 16.01 shall be given recalled to a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another vacant position which constitutes a major change in the employee's duties, same classification in which the employee shall have the right to exercise his seniority lay-off occurred in accordance with 20.04Article 16.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff and Recall. 20.01 Except in 24.01 All cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals layoff will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction be discussed with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsUnion as far in advance as practicable.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in 24.02 In the event of a layoff, employees Employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by Employee Service Credit provided Management can retain a work shortage force qualified in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications its opinion to perform the jobwork remaining. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Employees shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change recalled in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which order of their Employee Service Credit provided they are qualified, under Article 31capable and have the ability to do the work available.
24.03 It shall be the responsibility of Employees to keep Management informed, in writing, of changes in their postal address.
24.04 It is understood that in exercising the Employees’ accrued rights in accordance with the above, advancement to a job which carries a higher rate of pay is only permitted where Employees, in the discretion of Management, are deemed to be qualified and capable.
24.05 Regular Employees who are subject to layoff may bump Employees with less service credit from equivalent or lower classifications provided those Employees possess the skill and abilities to perform the job of the Employees that they displaced.
24.06 It is understood that Employees who exercise bumping rights in lieu of layoff shall be allowed thirty (30) calendar days on the job to demonstrate the skills and abilities to perform the work of the displaced Employees. Those qualified In the event the Employees are unable to demonstrate the skills and abilities to perform the work of displaced Employees, the Employees shall be laid off employees shall be deemed without further recourse to have applied for such vacanciesthe provisions of this Section.
20.07 Unless 24.07 All Employer costs of the employee was notified in writing at Ontario Health Insurance Plan, the time Prescription Drug Plan, the Long Term Disability Plan and the Dental Plan will be continued for up to six (6) months after layoff, provided the continuance of hiring that these plans is possible with the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationUnderwriter.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
(a) declaring a short term layoff,
(b) by eliminating one (1) or more bargaining unit positions from the department, or
(c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
(a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the proposed layoff fourteen (14) days in advance of notice to the Unionemployee(s); and
(b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the Employer University will meet with the Union to inform the Union of its intention and the Local shall reason(s) for the layoff. At this meeting, the University and the Union may explore and agree to alternative arrangements that meet to discuss the layoffsoperational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
20.02 17.04 An employee will normally be expected to work through the notice period, but the University may choose not to require the employee to attend at work during all or part of the notice period in which case the employee will be so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to Article 16.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the same classification.
17.07 The notice period shall begin on the date that written notice of layoff is received by the employee or the date on which written notice of layoff is delivered by registered mail to the employee’s address on file with Human Resources, whichever is earlier.
(a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
(b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
(c) If an employee is to be laid offon short term sick leave, the hospital shall notify notice period will begin on the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If date the employee is not given deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to work take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the scheduled work days during the impact of a short-term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitslayoff.
20.03 Subject to 20.04, 17.09 Employees shall have the following entitlements in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:;
(a) that such other job An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University’s pension plan as outlined in Article 22; or
(iii) elect to fill a vacant position, provided she is held by qualified to perform the available work; or
(iv) displace an employee with less seniority;lesser seniority whose work she is qualified to perform.
(b) that such employee claiming In all cases of layoff:
(i) Any agreement between the job has sufficient qualifications to perform Employer and the jobUnion concerning the method of implementation of a layoff shall take precedence over the terms of this article. The Hospital unavailability of a representative of the Union shall not assess delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the qualifications hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the employee in an arbitrary manner. Such Union.
(iii) All regular part-time and regular full-time employees meeting represented by the requirements under (b) above shall Union who are on layoff will be given a reasonable period of job opportunity in the full-time to demonstrate sufficient skill and ability to perform the jobpart-time categories before any new employee is hired into either category.
20.05 When (iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Hospital arbitrarily assigns an Part-time employee to another department/facility, or to another position which constitutes has greater seniority than a major change in the Full-time employee's duties, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall have be hired until all those employees who retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of layoff in a layoffdepartment or unit, the Hospital shall lay off employees shall be laid off in the reverse order of their hospital seniorityseniority within their classification, providing that there remain on the job Bargaining Unit employees who then have the ability to perform the work.
20.04 (b) An employee who is subject to layoff pursuant to Article 14.01 (a) shall have the option to either:
I) Accept the layoff, or
II) bump an employee who has lesser Bargaining Unit seniority and who is the senior employee in an equal or lower paying classification in the bargaining unit if the employee originally subject to layoff can perform the duties of such equal or lower paying classification without training other than orientation. Such employee so bumped shall be laid off.
III) An employee who is subject to layoff according to the above procedure shall herself be entitled to exercise her bumping rights.
IV) Subject to Article 14.01 (II) (b) above, full-time employees may only bump full-time employees and part-time employees may only bump part- time employees in a layoff situation.
V) An employee shall be entitled to have Union representation at the time of being issued a notice of layoff.
(a) The Hospital shall give each employee in the Bargaining Unit who has acquired seniority and who is to be laid off for a period of more than thirteen (13) weeks, three (3) months notice in writing provided the affected by work shortage in his department employee has more than twelve (12) months service. Employees with less than twelve (12) months service will be entitled to claim notice in accordance with the job Employment Standards Act.
(b) There shall be at least four (4) months notice to the Union in the event of another a proposed layoff for a period in excess of thirteen (13) weeks.
(c) The Hospital shall meet with the Union to review the following:
I) The reason(s) causing the layoff.
II) The services which the Hospital will undertake after such layoff, and employees to be laid off.
(d) Any agreement between the Hospital and the Union concerning the method of implementation of such layoff shall take precedence over the terms of this Article.
I) In all other cases of layoff, the Hospital shall give each employee in the Bargaining Unit who has acquired seniority and the Union, two (2) weeks notice provided, however, such notice shall not be required if the layoff occurs because of an act of God or any department subject other condition or occurrence beyond the reasonable control of the Hospital.
II) Where a vacancy occurs in a position following a layoff, as a result of which an employee has bumped to another position, the following conditions:affected employee will be offered the opportunity to return to her/his former position providing such vacancy occurs within six (6) months of the date of the layoff. Where the employee returns to his/her former position there shall be no obligation to consider the vacancy under article 13.01
(f) The job posting provisions take precedence over any recall rights that employees may have under this Agreement.
(a) that such other job is held by an employee with less seniority;
Before issuing notice of long term layoff (i.e. for a period of more than thirteen (13) weeks) pursuant to Article 14.02 (a) and following notice pursuant to Article 14.02 (b), the Hospital will make offers of early retirement allowance in accordance with the following conditions.
I) that such employee claiming The Hospital will first make offers in order of seniority within the job has sufficient qualifications to perform the jobdepartment(s) or unit(s) and in classifications where layoffs would otherwise occur. The Hospital shall not assess will offer the qualifications same number of early retirements as the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period number of time to demonstrate sufficient skill and ability to perform the joblayoffs it would otherwise make.
20.05 When a II) The Hospital arbitrarily assigns an employee will make such offers to another department/facilityemployees eligible for early retirement under the Hospital pension plan (including regular part-time, if applicable), whether or to another position which constitutes a major change not they participate in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04hospital pension plan.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18III) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time The number of hiring that the position was a temporary appointment:
(a) early retirements the Hospital shall approves will not layoff any employee for any reason other than lack exceed the number of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationemployees in that department or unit and classification who would otherwise be laid off.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Union will be given reasonable notice of the Employer’s intention to lack lay off Full Time employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by this Agreement, then the Employer shall discuss the problem with Union 12R24.
(a) A Full Time employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) they have filed a letter indicating that they ▇▇- ▇▇▇▇▇ work for reasons other than contracting the period of the anticipated work shortage; in such cases they will be deemed to have taken leave of absence and to have opted out of the G.W.P. until they indicate by letter that they are again available for short time work as- signments, or
(ii) unless they have filed a letter indicating that they will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which they have indicated that they will be available, and with respect to any hours for which they have indicated that they are not available they will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time as- signments within their seniority group. An employee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be sched- uled for any subsequent weeks until they notify the employees affected Employer in writing that they will be available for rea- sonable short time work assignments, and until they do so they will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A Full Time employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority they have accumulated at the Employer and time the Local shall meet layoff commen- ces up to discuss the layoffsa maximum of two (2) years calculated from their last day at work.
20.02 If (d) Full Time employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a Full Time employee who has filed a letter indicating that they will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which they have made themselves avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In- demnity benefits before they are actually laid off or sched- uled for short time assignments will continue to draw benefits for the duration of their illness or up to the max- imum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Weekly Indemnity and Long Term Disability Plans ceases immediately upon their lay off and is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity reinstat- ed upon their recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non-occupational accident, shall be ▇▇▇- gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort their recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a Full Time employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit- ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at their own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over- staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol- lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain their existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which they have been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. 11:01 In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall receive four (4) weeks’ notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to the employee(s) concerned and a copy of the notice shall be forwarded to the Union President.
11:02 Employees laid off in the reverse accordance with Article 11:01 shall be recalled by order of their hospital seniorityseniority to available positions in his/her classification provided they
11:03 No new employees shall be hired until those laid off have been given an opportunity to bid on a vacant position as per Article 9:01 of the Collective Agreement.
20.04 11:04 To be eligible for recall, prior to the employee’s last day before being placed on layoff status, the employee must provide the Employer with their current address and phone number, and further, during the layoff period, must inform the Employer immediately of any changes.
11:05 An employee will be recalled by mail or personal service and must reply to the Division within one working day of his/her intent to return to work. The employee must be prepared to return to work at the time and date designated by the Division.
11:06 An employee who is affected by laid off and elects to work shortage in a temporary position shall have his department recall period extended up to a maximum of one (1) year on an equivalent basis.
11:07 The right of a person who has been laid off to be rehired under this Agreement will be entitled to claim the job of another employee forfeited and shall be considered terminated in any department subject to the following conditionscircumstances:
(a) that such other job is held by an employee If the person did not communicate with less senioritythe Employer as specified in Article11:04;
(b) that If the person did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer;
(c) A twelve (12) month period has elapsed since the date of layoff, as per Article 10:04(d) or such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications extension of the employee recall as provided in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobArticle 11:06.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been 11:08 Normal summer break is not considered a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciespurposes of this Article.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees Regular Employees and Seasonal Employees who have completed the probationary period shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) , provided that such other job is held by an employee with less seniority;may bump a junior employee only in cases where the senior employee is qualified to fill the lower position.
(b) that such employee claiming Except in cases of strikes, lockouts, inclement weather, or other circumstances beyond the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications control of the Employer, the Employer shall notify employees who have completed their probationary period and who are laid off at least ten (10) working days prior to the effective date of layoff. If the employee in an arbitrary manner. Such employees meeting has not had the requirements under opportunity to work during the ten (b10) above shall be given a reasonable period of time days referred to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesabove, the employee shall have the right to exercise his seniority in accordance with 20.04be paid for those days for which work was not made available.
20.06 (c) It shall be the duty of each employee laid off to advise the Superintendent of Golf Facilities (or designate) in writing of their correct mailing address and telephone number and the Employer, if rehiring, within one (1) year, shall advise the employee by telephone and/or letter of the date on which that person is required to report for duty. Such notice shall be given so as to be received at least twenty-four (24) hours prior to the required reporting time.
(d) Employees who have completed their probationary period shall be recalled to positions for which they are qualified in order of their seniority.
(e) No new applicant employees shall be hired in a hospital in which there has been following a layoff until those who were laid off for less than eighteen (18) consecutive months have been given an a reasonable opportunity for a jobof recall as follows. The Employer shall make every reasonable attempt to contact employees in order of seniority, for which they are qualified, under Article 31. Those qualified laid off and employees shall be deemed to have applied for recalled in such vacancies.
20.07 Unless order providing that they respond within the stipulated time limits. Upon making contact with an employee, the Employer shall specify the time when the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall report for work. An employee who does not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Partrespond within forty-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.eight
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases In the event of emergency, layoffs due to lack the curtailment of work for reasons other than contracting out business or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of changed conditions which will cause a shortage of work, Local Union will be given reasonable notice of the Employer’s intention to lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff. This notice will permit discussion of the problem and pro- vide an opportunity for either the Local Union or the Em- ployer to make suggestions which could eliminate or reduce the extent of the layoff or short situation anticipated, such as a change in the system of days off or additional paid vacation days, in lieu of vacation bonus. Following such meeting, the Employer shall promptly ad- vise those employees shall who are likely to be laid off or sched- uled for short time or for other than regular hours. Where such curtailment of business or changed con- ditions are likely to cause layoff or short time work assign- ments for employees in several seniority groups covered by this Agreement, then the Employer shall discuss the prob- lem with the Provincial Board. A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the reverse order seniority group unless: has filed a letter indicating that ▇▇- ▇▇▇▇▇▇ work for the period of their hospital seniority.
20.04 the anticipated work shortage; in such cases will be deemed to have taken leave of absence and to have opted out of the until indicates by letter that is again available for short time work as- signments, or unless has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which has indicated that he/ she will be available, and with respect to any hours for which has indicated that is not available will be deemed to be on layoff, but not eligible for payments for those hours. An employee who has not filed such a letter is affected by work shortage presumed to be available for all reasonable short time assignments within seniority group. An employee who refuses to accept or fails to report for a scheduled as- signment without reasonable excuse shall be struck off the schedule for the week, and will not be scheduled for any subsequent weeks until notifies the Em- ployer in his department writing that will be entitled available for rea- sonable short time work assignments, and until does so will be deemed on layoff but not eligi- ble for benefits under the A regular employee who is laid off shall be carried on the seniority list for a period equal to claim the job seniority he/ she has accumulated at the time the layoff commences up to a maximum of another employee two (2) years calculated from her last day at work. Regular employees who are scheduled to work any hours in any department subject week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that will accept only limited work assignments, will be limited to an amount not in excess of of the hours for which has made avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly In- demnity payments during any such week. However, an employee already in receipt of Weekly Indemnity benefits before is actually laid off or scheduled for short time assignments will continue to draw benefits for the duration of illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and par- ticipation in the Weekly Indemnity and Long Term Dis- ability Plans ceases immediately upon lay off and is reinstated upon recall to work and com- pletion of eight (8) hours’ work in the Bargaining Unit. Notwithstanding the above, an employee with ten or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to re- port to work due to sickness or non-occupational acci- dent, shall be eligible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of recall. When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be offered a transfer under the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must have the requirements under ability and physical fitness for the position that is open; the employee must transfer voluntarily at own expense; the employee must accept the rate that is applicable to the vacancy; if a vacancy is not filled within seven (b7) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesdays, the employee com- pany shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from overstaffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.expanding geographic basis as follows: The same Union Local Neighbouring Union Locals Provincially
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases
(a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services the Employer, (including budgetary restraints), the Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
(b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
(c) The Employer will endeavor to place regular employees so affected in other vacant positions within the Division or Employer for which, in the opinion of the Employer, they are qualified or will be qualified within a minimum reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' notice of intent. In conjunction with such cases the notice Union agrees to waive the Unionrequirement to bulletin. Where placement in an equal level job in the employee’s Regional Transit Service Area is made available to an employee the employee shall not have any bumping rights under this Article, provided that the Employer and the Local shall meet to discuss the layoffsplacement would not require payment of moving expenses as outlined in Article 17.
20.02 If an 8.02 A regular employee who is subject to be laid offlayoff, the hospital shall notify the employee and the Localnot eligible for placement under 8.01(c), may elect to exercise his/her bumping rights, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If Regional Transit Service Area where the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to currently employed on the following conditionsbasis:
(a) that such other job is held by an An employee with less seniority;seniority in the same job classification, or failing that, either:
(bi) An employee with less seniority in a job which the employee subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that such the displaced employee claiming has not previously held but which, in the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications opinion of the Employer, the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall is qualified or will be given qualified within a reasonable period of time training and orientation. Such period of orientation is not to demonstrate sufficient skill and ability exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in above criteria. If the employee's dutiessecond bump is also unsuccessful after thirty (30) working days, the employee shall have be placed on the right recall list and will fall under the provisions of Article 8.06. This type of bumping is limited to the Service Area in which the employee is currently employed.
(c) Regular employees who are bumped under the foregoing provisions may in turn exercise his their seniority to bump other employees in accordance with 20.04this Article.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall.
20.01 Except in In all cases of emergencylayoff reasonably anticipated to exceed one working day and recalls after such layoff, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after seniority shall govern, provided the employees affected employee(s) concerned have the required skill and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffscapability.
20.02 If an employee is to be laid off, Bumping provisions are allowed based on the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsfollowing:
(a) that such other job is held by an employee The Company will meet with less seniority;the Union Chairperson and indicate the number of jobs and employees which will be affected.
(b) that such The employee(s) who are identified will have the options available by seniority in the following order providing it is available:
i) bump a junior employee claiming within their classification on their current shift ii) bump a junior employee in the same classification on another shift iii) bump a junior employee in another classification for which they have the skill and ability. The employee(s) affected by this process will then have the same options above available. This procedure will be followed until all affected employees have been given their choices above and placed according to this clause. The individual with seniority who is unable to bump into a job where he/she has sufficient qualifications the skill and ability as described in 20.01 will be allowed to perform bump the then lowest seniority job in the plant and will be provided a ten (10) day evaluation period to determine ability to successfully do the job. If the above mentioned individual is unable to demonstrate ability to do the job, he/she will be laid off and the incumbent reinstated.
20.03 In the application of 20.01, the Company shall be the judge, provided however, that if the employee believes that proper consideration of his/her ability has not been given, he/she may file a grievance.
20.04 The Hospital shall not assess Company agrees to give employees affected by layoff a minimum of seven (7) calendar days notice of layoff except in the qualifications case of an Act of God, fire, flood, power failure or other like cause beyond the control of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobCompany.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another Because of their position which constitutes a major change in the employee's dutiesUnion, the employee shall Chairperson and the two (2) most senior stewards will have senior seniority in the plant for the purpose of layoff only and provided they have the right necessary qualifications to exercise his seniority in accordance with 20.04do the work required.
20.06 No new applicant shall When there is anticipated layoff of less than five (5) full working days, employees will have the option to be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been according to the inverse order of seniority. The senior employee will be given an the opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesaccept the lay off.
20.07 Unless The Company will provide the employee was notified in writing at Chairperson of the time Union Plant Committee with a list of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff employees to be laid off or recalled, also any employee for any reason other than lack cancellations of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationsuch notices.
20.08 PartIf an employee is unable to be recalled to their original classification, they will be given the opportunity, by seniority, to return to that classification and pay level if an opening becomes available within a three (3) year period from the original date of layoff or re-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during classification. Employees must take the first available opportunity or forfeit their period rights of recall by order of seniority provided they are available and were employed for to that type of workclassification.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due to lack seniority within a seniority block. The Employer shall provide the following advance written notification of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty layoff:
(301) calendar daysfive (5) workdays' notice of intent. In conjunction with the to auxiliary employees who have completed twelve hundred (1200) straight-time hours since their previous layoff.
(2) twenty (20) workdays' notice to the Union, the Employer auxiliary employees who have completed nineteen hundred and the Local shall meet to discuss the layoffsfifty-seven (1957) straight-time hours in a fifteen (15) month period.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (143) calendar days before the layoff is to be effective. If the employee is has not given had the opportunity to work the scheduled work days during the term such workdays pursuant to Clauses 31.2(a)(1) and (a)(2) above after notice of notice layoff, he shall be paid in lieu thereof of work for such that part of the notice period during which work was not made available. If the period of work extends beyond the five (5) or twenty (20) day period by more than eight (8) days, then new notice pursuant to Clause 31.2(a)(1) or (a)(2) above shall again be required.
(b) Auxiliary employees on layoff shall be recalled in order of seniority within a seniority block provided the auxiliary employee is qualified to carry out the work which is available.
(c) The Employer shall make every reasonable effort to recall auxiliaries in order of seniority. The Hospital will meet with Records shall be kept at each assembly point where the Local Employer has attempted to discuss recall auxiliaries. Access to the disposition records of staff so affectedrecall shall be granted to the local Union Staff Representative and/or his/her designate. Discussion will commence between Records shall include:
(1) method of recall (i.e.; telephone, written communication, etc.)
(2) date and time of the parties within call(s)
(3) reason for decline (if any)
(d) Where telephone communication is used, two (2) attempts at least ten (10) calendar days of such notice and every reasonable effort minutes apart will be made to provide continuing employment for employees in contact auxiliary employees. In the hospital and in the bargaining unitscase of an emergency situation, a single verbal attempt will be made to contact auxiliary employees.
20.03 Subject to 20.04(e) The method of recall and recall time periods will be established by mutual agreement between the Employer and the auxiliary employee(s).
(f) Upon two (2) weeks' written notice an auxiliary employee may indicate, in the event writing, on two (2) occasions within a six (6) calendar month period, any specific period(s) of a layoff, employees shall be laid off in the reverse order of their hospital seniorityunavailability.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except
(1) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due service seniority within a seniority block as set out in Memorandum of Understanding 3.
(2) Auxiliary employees laid off subject to lack of work for reasons other than contracting out (1) above or mergers of hospitals 24.2(f)(i) or services of hospitals will only take place after the (ii) shall be entitled to displace working junior auxiliary employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intentwithin their seniority block. In conjunction with the notice to the UnionWhere such displacement occurs, the Employer employee must be qualified to perform duties of displaced employee and the Local shall meet to discuss the layoffsaccept work terms of project or maintenance work group involved.
20.02 If an (b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work which is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for that unit. Auxiliary employees will not be required to be laid off, available for more than three consecutive hours on any one day between the hospital shall notify the employee and the Local, hours of 8:00 am to 6:00 pm Unless otherwise specified in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort three hour contact period will be made set as 3:00 pm to provide continuing employment for employees 6:00 pm. Where unforeseen operational requirements result in the hospital and in Employer recalling auxiliary employees outside of the bargaining unitsset contact hours, the provisions of (d)(ii) below shall apply.
20.03 Subject to 20.04(c) Notwithstanding (a) above, in the event auxiliary employees hired for seasonal work or a term certain of a layoffless than 20 working days, employees shall be laid off upon completion of the season or term and shall be subject to recall procedures in the reverse order of their hospital seniorityaccordance with (b) above.
20.04 An employee who (1) If the Employer is affected by work shortage in his department unable to contact auxiliary employees the employees will be entitled immediately advised by registered mail of the date, time, and result of the contact attempt(s), and that they are considered to claim have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the job Employer outside of another normal business hours (8:00 am - 6:00 pm) will not be counted for purpose of Clause 11.4.
(2) In the event the Employer is not able to contact a senior auxiliary for work which is offered outside of the set contact hours and hires a junior auxiliary employee, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace him after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in any department subject a senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the following conditionsdisplaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior auxiliary employee pursuant to this clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(i), the Employer shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of layoff has been issued to the displaced auxiliary, the senior auxiliary shall maintain his entitlement to Clause 31.3(a)(i).
(e) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be a decline for purposes of Clause 11.4.
(f) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the Employer, they will be considered to have declined work for purposes of Clause 11.4:
(a1) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given Absence on a reasonable period of time to demonstrate sufficient skill and ability to perform the jobWorkers' Compensation Board claim.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
a) declaring a short term layoff,
b) by eliminating one (1) or more bargaining unit positions from the department, or
c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least proposed layoff fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term in advance of notice he shall be paid to the employee(s); and
b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof for such days. The Hospital thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the University will meet with the Local Union to discuss inform the disposition Union of staff so affectedits intention and the reason(s) for the layoff. Discussion At this meeting, the University and the Union may explore and agree to alternative arrangements that meet the operational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
17.04 An employee will commence between normally be expected to work through the parties within ten (10) calendar days notice period, but the University may choose not to require the employee to attend at work during all or part of such the notice and every reasonable effort period in which case the employee will be made so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to provide continuing employment for employees Article 17.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the hospital Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the bargaining unitssame classification.
20.03 Subject 17.07 The notice period shall begin on the date that written notice of ▇▇▇▇▇▇ is received by the employee or the date on which written notice of layoff is delivered by registered mail to 20.04the employee’s address on file with Human Resources, whichever is earlier.
a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
c) if an employee is on short term sick leave, the notice period will begin on the date the employee is deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.
17.09 Employees shall have the following entitlements in the event of a layoff;
a) An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University Pension Plan; or
(iii) elect to fill a vacant position, provided they are qualified to perform the available work; or
(iv) displace an employee with lesser seniority whose work they are qualified to perform.
b) In all cases of layoff:
(i) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. The unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.
(iii) All regular part-time and regular full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new employee is hired into either category.
(iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Part-time employee has greater seniority than a Full-time employee, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee hired until all those employees who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (1) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due to lack service seniority within a seniority block as set out in Memorandum of work Understanding 3. Auxiliary employees who have qualified for reasons other than contracting out or mergers of hospitals or services of hospitals benefits will only take place after the employees affected and the Local have been given a minimum of thirty be provided with twenty (3020) calendar daysworkdays' notice of intentlayoff.
(2) Auxiliary employees laid off subject to (1) above or 24.3(f)(1) or (2) shall be entitled to displace working junior auxiliary employees within their seniority block. Where such displacement occurs, the employee must be qualified to perform duties of displaced employee and accept work terms of the project or maintenance work group involved.
(b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work, which, is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for that unit. Auxiliary employees will not be required to be available for more than three (3) consecutive hours on any one (1) day between the hours of 8:00 a.m. to 6:00 p.m. Unless otherwise specified in writing, the three (3) hour contact period will be set as 3:00 p.m. to 6:00 p.m. Where unforeseen operational requirements result in the Employer recalling auxiliary employees outside of the set contact hours, the provisions of (d)(2) below shall apply.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or a term certain of less than twenty (20) workdays, shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with (b) above.
(1) If the Employer is unable to contact auxiliary employees the employees will be immediately advised by certified mail of the date, time, and result of the contact attempt(s), and that they are considered to have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the Employer outside of normal business hours (8:00 a.m. - 6:00 p.m.) will not be counted for purpose of Clause 11.4.
(2) In conjunction with the event the Employer is not able to contact a senior auxiliary for work which is offered outside f the set contact hours and hires a junior auxiliary employee, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace him after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in a senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the Uniondisplaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior employee pursuant to this Clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(1), the Employer and shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of layoff has been issued to the Local displaced auxiliary, the senior auxiliary shall meet maintain his entitlement to discuss the layoffsClause 31.3(a)(1).
20.02 If (e) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be a decline for purposes of Clause 11.4.
(f) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the Employer at the times designated, they will be considered to have declined work for purposes of Clause 11.4:
(1) absence on a Workers' Compensation Board claim;
(2) maternity leave;
(3) absence on bereavement as per Clause 31.4(b);
(4) illness; proof of illness may be required if the absence is greater than five (5) days or where it appears a pattern of consistent or frequent absence is developing;
(5) Union leave per Clause 2.10;
(6) jury duty;
(7) medical or dental appointments.
(g) Auxiliary employees subject to recall shall lose their service and classification seniority and shall be considered terminated for just cause where they are unavailable for or decline work pursuant to Clause 11.4(d). It is understood that only one decline/unavailability may be counted per calendar day and when an employee declines or is to be laid offunavailable for recall for work during a calendar day, the hospital Employer shall notify not be required to make further offers of work to the employee for the calendar day which the employee has declined or been unavailable for.
(1) Auxiliary employees, with the agreement of the Employer, may specify seasonal periods of availability. Such agreed to periods and any agreed to alterations thereto, shall be in writing and include the Localeffective date. The Employer's agreement will not be unreasonably withheld.
(2) Should an auxiliary employee wish to revert from having specified days and/or times of availability to full availability, the employee may do so by providing the Employer with ten (10) days' written notice.
(i) Except where otherwise provided in this Agreement, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the event that an auxiliary employee is not given sent home prior to the opportunity to work the scheduled work days during the term completion of notice his shift, he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, actual hours worked or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a jobminimum of four (4) hours, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancieswhichever is greater.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except
(a) Layoff of auxiliary employees will be by classification in cases reverse order of emergencyservice seniority.
(b) Auxiliary employees on layoff will be recalled in order of service seniority provided the auxiliary employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, layoffs due auxiliary employees hired for seasonal work or a term certain will be laid off upon completion of the season or term and will be subject to lack of work recall procedures in accordance with (b) above.
(d) Auxiliary employees hired for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice special projects, as mutually agreed to the Union, between the Employer and the Local shall meet to discuss Union, or auxiliary employees hired under the layoffsauspices of the Ministry of Advanced Education and Job Training, Personal Placement Programs will be considered terminated for cause in accordance with Clause 31.4(a) upon completion of their project or program.
20.02 If an employee (e) The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established based on the scheduling patterns for that unit, such that auxiliary employees will not be required to be laid offavailable more than three hours on any one day or for more than one period per shift, at their contact point established pursuant to (g) below. Calls made to auxiliary employees outside of the hospital shall notify scheduled time periods will be treated in accordance with this article.
(f) Auxiliary employees will provide a direct communication link that will give them personal contact with their work unit/recall section. This communication link must be appropriate to the employee Employer's operation, specifically telephone or email communication.
(g) Where telephone communication is used, two attempts, at least art, will be made to contact the auxiliary employees. In the case of an emergency situation, a single verbal attempt will be made to contact the auxiliary employees.
(h) Auxiliary employees are responsible for advising their work unit/recall section in writing of their current phone number, address, and email address for the Localaccuracy and completeness of the information provided. Auxiliary employees are responsible for maintaining the necessary equipment required to receive notice, in an operable condition, except where such maintenance is beyond their control.
(i) Auxiliary employees are responsible for advising their work unit/recall section, in writing, of their current phone number, address, radio call numbers, etc., as established in (g) above, and for the accuracy and completeness of the information provided. Auxiliary employees are responsible for maintaining the necessary equipment required to receive notice, in an operable condition, except where such maintenance is beyond their control.
(j) Auxiliary employees on layoff who experience problems with their communication link established under (g) above, or who will not be available at least fourteen their contact point during the scheduled time period for those reasons outlined in (14n) calendar days before below, are required to contact their work unit/recall section in advance of the layoff is scheduled time periods as designated by the Employer. The auxiliary employees may be required to contact their work unit/recall section during the scheduled time period to obtain a specific work schedule, etc.
(k) If unable to contact auxiliary employees during the scheduled time periods established in Section (e) above, the Employer will immediately advise the employees by certified mail of the date, time and result of the contact attempt(s), and that they are considered to have been unavailable for work for purposes of Clause 31.4(d). If unable to contact auxiliary employees outside of the scheduled time periods, the Employer will not count such unavailability for purposes of Clause 31.4(d) except as specified in (l) below.
(l) Where auxiliary employees are contacted outside of the scheduled time periods and decline work in an emergency situation, other than for reasons outlined in (n) below, they will be considered to have declined work for purposes of Clause 31.4(d).
(m) Where auxiliary employees are contacted during the scheduled time periods established in (e) above, and decline the work offered, such decline will be considered to be effectivea decline for purposes of Clause 31.4(d).
(n) Auxiliary employees who are unavailable in the following circumstances, and who call in to their work unit/recall section at the times designated by the Employer, will not have the decline or unavailability count as an occurrence for purposes of Clause 31.4(d):
(1) absence on a WCB claim;
(2) maternity leave;
(3) absence on bereavement as per Clause 31.6(c);
(4) leave to participate in activities of a Reserve Component of the Canadian Armed Forces;
(5) illness; proof of illness may be required if the absence is greater than days or where it appears a pattern of consistent or frequent absence is developing;
(6) illness of a dependent child of an auxiliary employee, where no one other than the employee can care for the child. If Proof of illness may be required if a pattern of consistent absence is developing. Such leave will not exceed two days;
(7) union leave per Clause 2.10;
(8) jury duty;
(9) medical or dental appointments.
(o) Auxiliary employees subject to recall will lose their service and classification seniority and will be considered terminated for just cause where they are unavailable for or decline work on three separate occasions in the calendar periods between January 1st and June 30th inclusive or July 1st and December 31st inclusive.
(p) The Employer is not required to recall auxiliary employees who have already accumulated 2080 hours in a 12-month scheduling period.
(1) Auxiliary employees, with the agreement of the Employer, may specify days and/or times of availability. Such agreed to days and/or times and any agreed to alterations thereto, will be in writing and include the days and/or times, and effective date.
(2) Where a recall for work on such days and/or times occurs, it will be made on the basis of seniority and in accordance with the provisions of (b) and (e) through (n) above.
(3) Should a auxiliary employee wish to revert from having specified days and/or times of availability to full availability, the employee may do so by providing the Employer with 10 days written notice.
(q) Auxiliary employees unavailable for, or declining work offered to them, will not accumulate service seniority for the hours that might have been worked. This may result in changes in ranking on the seniority list as junior employees work these hours.
(r) The Employer is not required to recall auxiliary employees who have already accumulated 1950 hours in a 12-month scheduling period.
(1) Auxiliary employees who report for work at the call of the Employer will be paid for all hours worked with a minimum of two hours pay at their regular rate unless the employee is not given the opportunity unfit to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet perform their duties or has failed to comply with the Local to discuss Occupational Health and Safety Regulations of the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsWorkers' Compensation Board.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of (2) Where an employee commences work they will receive three and one-half hours pay at their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsregular rate unless:
(ai) that such other job their work is held by an employee with less seniority;suspended for reasons completely beyond the control of the Employer; or
(bii) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications duration of the employee work assignment is known in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in advance by the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital ; in which there has been a layoff until those laid off for less than eighteen instances the provisions of Clause (18s)(1) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancieswill apply.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases (a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services The Employer, (including budgetary restraints), The Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
(b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
(c) The Employer will endeavour to place regular employees so affected in other vacant positions within the Division or Employer for which, in the opinion of The Employer, they are qualified or will be qualified within a minimum reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' notice of intent. In conjunction with such cases the notice Union agrees to waive the Unionrequirement to bulletin. Where placement in an equal level job in the employee’s Regional Transit Service Area is made available to an employee the employee shall not have any bumping rights under this Article, provided that the Employer and the Local shall meet to discuss the layoffsplacement would not require payment of moving expenses as outlined in Article 17.
20.02 If an 8.02 A regular employee who is subject to be laid offlayoff, the hospital shall notify the employee and the Localnot eligible for placement under 8.01(c), may elect to exercise his/her bumping rights, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If Regional Transit Service Area where the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to currently employed on the following conditionsbasis:
(a) that such other job is held by an An employee with less seniority;seniority in the same job classification, or failing that, either:
(bi) that such An employee claiming the with less seniority in a job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of which the employee subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that the displaced employee has not previously held but which, in an arbitrary manner. Such employees meeting the requirements under (b) above shall opinion of The Employer, the employee is qualified or will be given qualified within a reasonable period of time training and orientation. Such period of orientation is not to demonstrate sufficient skill and ability exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in above criteria. If the employee's dutiessecond bump is also unsuccessful after thirty (30) working days, the employee shall have be placed on the right recall list and will fall under the provisions of Article 8.06. This type of bumping is limited to the Service Area in which the employee is currently employed.
(c) Regular employees who are bumped under the foregoing provisions may in turn exercise his their seniority to bump other employees in accordance with 20.04this Article.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of casual employees; shall be by classification in cases reverse order of emergency, layoffs due to lack of service seniority within a work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffscentre.
20.02 If an (b) Casual employees on layoff shall be recalled in order of service seniority within a work unit, provided the casual employee is qualified and has the ability to be laid off, carry out the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff work which is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsavailable.
20.03 Subject to 20.04(c) Notwithstanding 31.5(a), in the event of casual employees hired for seasonal work or a layoff, employees term certain shall be laid off upon completion of the season or term and shall be subject to recall procedures in accordance with 31.5(b).
(d) Casual employees hired for special projects, as mutually agreed between the reverse order Agency and the Union, or casual employees hired under the auspices of the Ministry of LabourÕs Special Employment Programs, shall be considered terminated for cause in accordance with Section 31.4(a) of this Agreement upon completion of their hospital seniorityproject or program.
20.04 (e) The Employer shall schedule time periods during which casual employees on layoff shall be contacted as work is available, in accordance with the following:
(i) Time periods shall be scheduled to meet the EmployerÕs operational needs.
(ii) At the time of hire, an employee shall be notified of the time period during which the Employer may call him/her. Thereafter, an employee shall be advised of any changes to this scheduled time period.
(iii) No one scheduled time period shall be longer than three (3) consecutive hours per day.
(iv) An employee who is affected by contacted during the scheduled time period and declines the work shortage in his department offered or is unavailable will be entitled considered to claim have declined under Article 31.4(d).
(v) An employee who is contacted outside the job of another scheduled time period and declines the work offered or is unavailable will not be considered to have declined under Article 31.4(d).
(f) A casual employee in any department subject who notifies the Employer that he/she is unavailable, prior to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital time period for contact, shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given unavailability count as an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee occurrence for the sole purpose purposes of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.31.4
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except (1) Layoff of auxiliary employees shall be by classification in cases reverse order of emergency, layoffs due service seniority within a seniority block as set out in Memorandum of Understanding 3.
(2) Auxiliary employees laid off subject to lack of work for reasons other than contracting out (1) above or mergers of hospitals 24.2(f)(i) or services of hospitals will only take place after the (ii) shall be entitled to displace working junior auxiliary employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intentwithin their seniority block. In conjunction with the notice to the UnionWhere such displacement occurs, the Employer employee must be qualified to perform duties of displaced employee and the Local shall meet to discuss the layoffsaccept work terms of project or maintenance work group involved.
20.02 If an (b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority block, provided the auxiliary employee is qualified to carry out the work which is available. The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by assembly point based on the scheduling patterns for that unit. Auxiliary employees will not be required to be laid off, available for more than three consecutive hours on any one day between the hospital shall notify the employee and the Local, hours of 8:00 am to 6:00 pm Unless otherwise specified in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort three hour contact period will be made set as 3:00 pm to provide continuing employment for employees 6:00 pm. Where unforeseen operational requirements result in the hospital and in Employer recalling auxiliary employees outside of the bargaining unitsset contact hours, the provisions of (d)(ii) below shall apply.
20.03 Subject to 20.04(c) Notwithstanding (a) above, in the event auxiliary employees hired for seasonal work or a term certain of a layoffless than 20 working days, employees shall be laid off upon completion of the season or term and shall be subject to recall procedures in the reverse order of their hospital seniorityaccordance with (b) above.
20.04 An employee who (1) If the Employer is affected by work shortage in his department unable to contact auxiliary employees the employees will be entitled immediately advised by registered mail of the date, time, and result of the contact attempt(s), and that they are considered to claim have been unavailable for work for purposes of Clause 11.4. A contact attempt made by the job Employer outside of another normal business hours (8:00 am - 6:00 pm) will not be counted for purpose of Clause 11.4.
(2) In the event the Employer is not able to contact a senior auxiliary for work which is offered outside of the set contact hours and hires a junior auxiliary employee, the junior employee shall be notified at that time of the proposed duration of the work assignment and will also be informed that a more senior auxiliary may replace him after one shift. The Employer shall then, on the following day and during the set contact hours, place one further call to all senior auxiliaries eligible for recall who had not been contacted the previous day and offer the remainder of the aforementioned work assignment. Where this results in any department subject a senior auxiliary employee claiming the balance of this work assignment, no entitlement to notice of layoff pursuant to Clause 31.3(a) shall apply to the following conditionsdisplaced auxiliary.
(3) Where a senior auxiliary employee displaces a junior auxiliary employee pursuant to this clause, and where notice of layoff has been given pursuant to Clause 31.3(a)(i), the Employer shall not be obligated to extend notice of layoff beyond that notice of layoff which has been given. Where no notice of layoff has been issued to the displaced auxiliary, the senior auxiliary shall maintain his entitlement to Clause 31.3(a)(i).
(e) Where auxiliary employees are contacted and decline road and bridge maintenance work offered, such decline will be considered to be a decline for purposes of Clause 11.4.
(f) Where auxiliary employees are contacted and decline road and bridge maintenance work, including assignments in an emergency situation, other than for reasons outlined below and communicated to the Employer, they will be considered to have declined work for purposes of Clause 11.4:
(a1) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given Absence on a reasonable period of time to demonstrate sufficient skill and ability to perform the jobWorkers' Compensation Board claim.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union will be given reasonable notice of the Employer's intention to lack lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work assignments for employees in several seniority groups covered by this Agreement, then the Employer shall discuss the problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the
(i) he/she has filed a letter indicating that he/she declines work for reasons other than contracting the period of the anticipated work shortage; in such cases he/she will be deemed to have taken leave of absence and to have opted out of the G.W.P. until he/she indicates by letter that he/she is again available for short time work assignments, or
(ii) unless he/she has filed a letter indicating that he/she will accept limited work assignments only, specifying days and locations, and such an employee must accept all reasonable short time work assignments for which he/she has indicated that he/she will be available, and with respect to any hours for which he/she has indicated that he/she is not available he/she will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is presumed to be available for all reasonable short time assignments within his/her seniority group. An employee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be scheduled for any subsequent weeks until he/she notifies the employees affected Employer in writing that he/she will be available for reasonable short time work assignments, and until he/she does so he/she will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A regular employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority he/she has accumulated at the Employer and time the Local shall meet layoff commences up to discuss the layoffsa maximum of two (2) years calculated from his/her last day at work.
20.02 If (d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that he/she will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which he/she has made himself/herself available. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly Indemnity benefits before he/she is actually laid off or scheduled for short time assignments will continue to be laid off, draw benefits for the hospital shall notify duration of his/her illness or up to the employee maximum allowed by the Plan. An employee's eligibility for personal leave and participation in the Local, in writing, at least fourteen (14) calendar days before the layoff Weekly Indemnity and Long Term Disability Plans ceases immediately upon his/her lay off and is to be effective. If the employee is not given the opportunity reinstated upon his/her recall to work and completion of eight (8) hours' work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years' seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or non-occupational accident, shall be eligible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort his/her recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:offered a
(a) the employee must have the ability and physical fitness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at his/her own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from overstaffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as follows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain his/her existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which he/she has been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. 10:01 In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall receive four (4) weeks’ notice or pay in lieu of such notice. Written notice shall be given by personal service or registered mail to the employee(s) concerned and a copy of the notice shall be forwarded to the Union President.
10:02 Employees laid off in the reverse accordance with Clause 10:01 shall be recalled by order of their hospital seniorityseniority to available positions in his/her classification provided they possess the ability, skills, knowledge and qualifications to perform the required work.
20.04 10:03 No new employees shall be hired until those laid off have been given an opportunity to bid on a vacant position as per Article 8:01 of the Collective Agreement.
10:04 To be eligible for recall, prior to the employee’s last day before being placed on layoff status, the employee must provide the Employer with their current address and phone number, and further, during the layoff period, must inform the Employer immediately of any changes.
10:05 An employee will be recalled by mail or personal service and must reply to the Division within one working day of his/her intent to return to work.
10:06 An employee who is affected by laid off and elects to work shortage in a temporary position shall have his department recall period extended up to a maximum of one (1) year on an equivalent basis.
10:07 The right of a person who has been laid off to be rehired under this Agreement will be entitled to claim the job of another employee forfeited and shall be considered terminated in any department subject to the following conditionscircumstances:
(a) that such other job is held by an employee if the person did not communicate with less senioritythe Employer as specified in Clause 10:04;
(b) that if the person did not report to work when instructed to do so and fails to provide a written explanation satisfactory to the Employer;
(c) a twelve (12) month period has elapsed since the date of layoff, as per Article 9:04 (d) or such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications extension of the employee recall as provided in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobClause 10:06.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been 10:08 Normal summer break is not considered a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciespurposes of this Article.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases 13.01 Where the Employer decides to effect a layoff (not including layoffs of emergencyseven (7) days or less caused by accident, layoffs due to lack breakdown or any other event beyond the direct control of work for reasons other than contracting out or mergers the Employer) of hospitals or services of hospitals will only take place after the employees affected and the Local who have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unioncompleted their probationary period, the Employer and shall consider the Local shall meet to discuss the layoffs.
20.02 If an following two factors in determining which employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, or employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsoff:
(ai) that such other job is held by an employee with less senioritythe seniority of each employee;
(bii) that such the requirements and the qualifications, skill and ability of each employee claiming the job has sufficient qualifications concerned to perform the normal requirements of the job. The Hospital When in the judgment of the Employer, ii) is equal as between two or more employees, then the employee having greater seniority will be given preference. Such judgment shall not assess the qualifications of the employee be exercised in an arbitrary manner. Such .
13.02 The Employer shall notify employees meeting who are to be laid off seven (7) calendar days prior to the requirements under (b) above effective date of the layoff, unless a greater period of notice is required by legislation, in which case such greater period of notice or pay in lieu thereof shall be given. If not possible to give seven (7) days notice, as much advance notice will be given a reasonable period of time to demonstrate sufficient skill and ability as is possible.
13.03 The Employer shall rehire those persons on layoff, provided they are qualified to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position work. In determining which constitutes a major change in the employee's dutiesperson shall be rehired, the employee Employer shall have consider the right to exercise his following two factors:
i) the seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for of such vacancies.
20.07 Unless the employee was notified in writing person at the time of hiring that the position was a temporary appointment:his layoff; and
(aii) the Hospital qualifications, requirements, skill and ability of each person concerned to perform the normal requirements of the job. Where, in the judgment of the Employer, ii) is equal as between two or more individuals, then the individual having greater seniority at the time of his layoff will be given preference. Such judgment shall not layoff any employee for any reason other than be exercised in an arbitrary manner.
13.04 Notice of recall shall be directed by registered mail to the person's last known address. It shall be the individual's responsibility to keep the Employer informed of his current correct address.
13.05 Where the Employer decides that it is necessary to release probationary employees because of a lack of work; and
(b) , the Hospital selection of the probationary employees to be released shall be at the Employer's sole discretion. Employees who have been released during their probationary period shall not demote enjoy any employee for the sole purpose of replacing him with an employee of a higher paid classificationright to be rehired.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work13.06 In the event the Company closes, the Employer will meet to negotiate enhanced severance with the Union.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in 24.01 All cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals layoff will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction be discussed with the notice to the Union, the Employer and the Local shall meet to discuss the layoffsUnion as far in advance as practicable.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in 24.02 In the event of a layoff, employees Employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by Employee Service Credit provided the Employer can retain a work shortage force qualified in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications its opinion to perform the jobwork remaining. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Employees shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change recalled in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which order of their Employee Service Credit provided they are qualified, under Article 31capable and have the ability to do the work available.
24.03 It shall be the responsibility of Employees to keep The Employer informed, in writing, of changes in their postal address.
24.04 It is understood that in exercising the Employees’ accrued rights in accordance with the above, advancement to a job which carries a higher rate of pay is only permitted where Employees, in the discretion of The Employer, are deemed to be qualified and capable.
24.05 Regular Employees who are subject to layoff may bump Employees with less service credit from equivalent or lower classifications provided those Employees possess the skill and abilities to perform the job of the Employees that they displaced.
24.06 It is understood that Employees who exercise bumping rights in lieu of layoff shall be allowed thirty (30) calendar days on the job to demonstrate the skills and abilities to perform the work of the displaced Employees. Those qualified In the event the Employees are unable to demonstrate the skills and abilities to perform the work of displaced Employees, the Employees shall be laid off employees shall be deemed without further recourse to have applied for such vacanciesthe provisions of this Section.
20.07 Unless 24.07 All Employer costs of the employee was notified in writing at Ontario Health Insurance Plan, the time Prescription Drug Plan, the Long Term Disability Plan and the Dental Plan will be continued for up to six (6) months after layoff, provided the continuance of hiring that these plans is possible with the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationUnderwriter.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 11.1 All layoffs shall be done in cases reverse order of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after seniority provided the employees affected and remaining have the Local have been given ability to properly perform the assigned duties. It is understood that the Employer must show just reasons for any layoff that is not in reverse order of seniority.
11.2 Recall shall be strictly by seniority provided the employee to be recalled has the ability to properly perform the duties of the position to which the recall applies. It is understood that the Employer must show just reasons for any recall that is not done in order of seniority.
11.3 In the event that the Employer determines that a theatre covered by the Collective Agreement is to be permanently closed, employees with one or more years' seniority shall be entitled to a minimum of thirty three (303) calendar daysmonths' notice that their jobs in that theatre will be terminated, save and except that the Union agrees that three (3) months' notice need not be given in the event of intentclosures caused by acts of God, fire, or other emergency circumstances, or in the event of a business decision made by the Employer not known by local management prior to the three (3) month notice period. In conjunction those cases the portion of the length of notice less than three (3) months will be added to the affected employees' period of eligibility to apply under Article 11.5.
11.4 Copies of notices pursuant to Article 11.3 shall be delivered to the Union in a timely fashion.
11.5 Upon receipt of a notice of termination under this Article, such employees shall have the opportunity to apply for any vacant positions, or additional positions which become, or will become, available in any of the Employer's operations in the bargaining unit during the notice period, and for a six (6) month period following the employee's termination. Employees so applying shall be given preference, in order of their service seniority, over any other applicants provided they have the ability to properly perform the work available.
11.6 In the event that more than one employee applies for a position, the employee with the most service seniority shall be selected from those applicants who have met the requirements as set forth in Article 11.5 above.
11.7 The Employer shall promptly inform all employees in receipt of a notice under this Article of available vacancies in the Employer's operations in the bargaining unit during the notice period referred to in Article 11.5, and shall provide to the Union, employees information as to the Employer hours of work and the Local shall meet to discuss the layoffs.
20.02 probable schedules of any such available positions. If an employee is to be laid offrejects a position located within fifteen (15) miles of the closed theatre that offers at least the same number of hours as the employee was working at the time the employee received notice of termination, the hospital employee shall notify be removed from the employee list and shall not be entitled to the Localbenefits of this clause. Any notice of a vacancy under this Article may be given personally, by telephone, or by registered letter to the last address provided to the Employer.
11.8 Employees must apply for the vacancies, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days after the date the employee was informed of such notice and every reasonable effort will the job vacancy or additional job. If an employee does not apply within the said ten (10)-day period, the employee has no right to be made to provide continuing employment considered for employees in the hospital and in the bargaining unitsthat position.
20.03 Subject 11.9 Employees who are re-employed pursuant to 20.04, this Article shall retain all accrued benefits of this Agreement that have been earned in accordance of their seniority subject only to Articles 10.1(b) and 10.4.
11.10 Employees who are working thirty (30) hours or more per week at the event time that they are given notice of termination due to closure of a layoff, employees shall be laid off in theatre may opt to terminate their employment by accepting severance pay upon closure of the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionstheatre as follows:
(a) that such other job is held by an employee with less senioritytwo (2) weeks' salary for the first completed year of service and thereafter one (1) week's salary for each continuous year of service to a maximum of fifteen (15) weeks;
(b) that such employee claiming for the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications purposes of the employee in an arbitrary manner. Such employees meeting the requirements calculating wage entitlement under Article 11.10(a) above, one (b1) above week's salary shall be given a reasonable period an average of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, weekly wage during the ten (10) weeks prior to the date on which the employee shall have received notice of termination pursuant to Article 11.3;
(c) it is understood that the right option of severance pay is available only should the employee eligible under this clause not be offered employment which would allow the employee to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for work twenty-five (25) or more hours per week within fifteen (15) miles of the closed theatre. Further, if an employee is offered work at less than eighteen twenty-five (1825) consecutive months have been given an opportunity for a jobhours per week and accepts that position, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed then there is no entitlement to have applied for such vacanciesseverance pay.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoffreduction in employment, employees the senior qualified employee shall be retained in each classification where qualifications are equal. Recall to employment shall be made so that the senior most qualified employee laid off returns first, where qualifications are equal. The employee claiming a seniority right to work must have demonstrated the ability to perform all of the work claimed or shall not be considered to be qualified. {PTA 9/27} [TA 10/24]
4.09.1 Any employee affected by such reduction in the reverse order of their hospital seniority.
20.04 An employee who work force may exercise his/her seniority to bump into another classification at the same terminal if there is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less lesser terminal seniority;; provided however: {PTA 9/27} [TA 10/24]
(ba) that such employee claiming if the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee reduction in work force causes an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of immediate starting time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major work week change in the employee's dutiesaffected classification, the employees in that classification by seniority shall have the first opportunity to bump into another classification; and {PTA 9/27} [TA 10/24]
b) provided the affected employee is capable of performing the duties of the position in a manner satisfactory to the Employer [TA 10/24]; and
c) provided further, the employee shall have receive the right to exercise his seniority rate of pay provided in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied this Agreement for such vacancies.position. [TA 10/24]
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are 4.09.2 A laid-off employee shall be offered casual and/or temporary employment during their period called at the employee’s last known home phone and given written Notice of recall Recall by order certified mail addressed to his/her last known address on file with the Employer, and send a copy of same shall be sent to the Local Union. {PTA 9/27} [TA 10/24]
4.09.3 Such employee must respond to such notice within three (3) days after receipt thereof and actually report to work within seven (7) additional days. If an employee fails to comply with these Recall Provisions, he shall lose all seniority rights unless otherwise agreed to in writing on a case-by-case basis by the Employer, the Local Union and the particular employee involved. The copy of the Recall Notice sent to the Local Union need not be sent by certified mail, and proof of mailing to the employee shall be sufficient to justify the loss of seniority provided if the employee fails to comply with these Recall Provisions. Employees who establish that they are available working for another Employer, other than on a casual basis, and were employed for that type required to give two (2) weeks notice to their then current employer and/or in cases where significant employee hardship would be created by a prompt recall such employee shall be given consideration if business conditions permit. [TA 10/25]
4.09.4 Weekly changes in freight volumes resulting in the less senior persons in a classification working less than forty (40) hours shall not affect the bid of work.any person in another classification unless there is no work opportunity of five (5) consecutive days or more. Any loss of work opportunity of two (2) weeks or more shall be considered a “layoff” and this Section 4.09 shall apply. {PTA 9/27} [TA 10/24]
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30a) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital bargaining unit‐wide seniority.
20.04 An , provided that an employee may bump a junior employee only in cases where the senior employee is qualified to fill the lower position. Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer, the Employer shall notify employees, who is affected by work shortage have acquired seniority rights in his department will the Regular Seniority Pool and who are to be entitled to claim the job of another employee in any department subject laid off, at least ten (10) working days prior to the following conditions:
effective date of layoff. If the employee has not had the opportunity to work during the ten (a10) that such other job is held by an days referred to above, the employee with less seniority;shall be paid for those days for which work was not made available.
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications When a temporary layoff is necessary because of the inability to carry on a project efficiently in the judgement of the Department Head; the temporary layoff may take place by gangs, or parts of gangs; however, this shall apply only for layoffs anticipated not to exceed two (2) shifts; provided however, that where it is part of a gang the provisions of Article 5.3(a) shall apply.
(c) It is understood and agreed that any employee in an arbitrary manner. Such employees meeting the requirements affected under (bArticles 5.2, 5.3(a) or 5.3(b) above shall be given a reasonable period retain the right of time to demonstrate sufficient skill and ability to perform appeal as contained in the jobgrievance procedure.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 (d) No new applicant employees shall be hired in a hospital in which there has been following a layoff until those who were laid off for less than eighteen (18) consecutive months have been given an a reasonable opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by as follows: The Employer shall make every reasonable attempt to contact and recall employees in order of bargaining unit‐wide seniority provided they are qualified to perform the available work and were employed providing they respond within the stipulated time limits. Such notice shall be given so as to be received at least twenty‐four (24) hours prior to the required reporting time. Upon making contact with an employee, the Employer shall specify the time when the employee shall report for work. An employee, who does not respond within forty‐eight (48) hours of the Employer's initial contact attempt, or who refuses to report for work, shall be dropped to the bottom of the appropriate list for recall. An employee shall report to work at the time specified by the Employer or, in extenuating circumstances, within two (2) weeks of the Employer's initial contact attempt. Each employee on layoff will be responsible for keeping the Employer notified of a current contact point through which the employee can be reached. It shall be the duty of each employee laid off, to advise the Director of Human Resources in writing of the correct mailing address and telephone number and the Employer if rehiring within one (1) year, shall advise the employee by telephone and/or letter of the date on which that type person is required to report for duty.
(e) Employees recalled within one (1) year of layoff shall, upon return to work, be credited with their previous length of service for determining their seniority and eligibility for vacation entitlement, sick leave, group life, medical, dental, extended health benefit, superannuation and service severance pay. Time absent during a period of layoff shall not be included in determining an employee's eligibility for the above perquisites, except vacation entitlement, or length of service but shall be included for purposes of calculating seniority. Vacation pay will be prorated by the period of the layoff and an employee may elect not to take that portion of vacation which is unpaid.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after In the employees affected and the Local have been given event a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionlayoff is necessary, the Employer and the Local shall meet Union agree to discuss the layoffswork jointly to minimize any adverse effects of any layoff to employees.
20.02 If (a) Where an employee individual’s own job is to be laid offnot available for five (5) days or less, the hospital shall notify Company will assign the employee and the Localindividual other work if such work is available. Further, in writingdetermining such assignments, at least fourteen it is the Company’s practice to attempt to assign the more senior employees the higher rated of the work which is available where this is practical. The application of the above practice is subject always to the following conditions:
(14i) calendar days before Employees must be fully qualified and capable of performing any work to which they are assigned.
(ii) Such reassignments must not result in the layoff is to be effectivedisplacement of employees in posted jobs. If For the employee purpose of this Article, a Line Associate is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitsconsidered a posted job.
20.03 Subject to 20.04, in (b) In the event of a layofflayoff that is anticipated to be six (6) or more working days, affected employees shall will be allowed to bump posted jobs based on the following factors:
(i) full-time seniority in the case of a lay-off involving full-time employees, or part-time seniority in the case of a lay-off involving part-time employees;
(ii) skill and ability required for the job. It is understood that where the qualifications referred to in factor (ii) above are relatively equal, factor (i) will govern.
14.02 In the event of a layoff of six (6) days or more, affected employees will be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department seniority and the foregoing layoff formula will be entitled to claim the job of another employee applied by groups in any department subject to the following conditionssequences provided the remaining work force has the skill and ability required to perform the available work:
(ai) that such other job is held by an employee with less seniority;Probationary employees (new hire)
(bii) Seniority employees
(i) Students
(ii) Probationary employees (new hire)
(iii) Seniority employees It is understood that such no temporary or casual workers will be utilized in the workplace while any regular employee claiming is on lay-off provided that the job regular employees are qualified to do the work in question.
14.03 When increasing the work force after a layoff, employees will be recalled in order of seniority provided that the resulting work force has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient required skill and ability to perform the jobavailable work.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the 14.04 A full-time employee shall have acquire the right to exercise his bump employees with less plant seniority from other jobs only when her regular job is permanently eliminated. In such event the bumping procedure shall be as follows:
(i) The Company will endeavor to place the employee in a position at a rate of pay equal to that of her previous position;
(ii) Where it proves impossible to find a replacement position in 14.04(i) the full-time employee shall be allowed to displace the most junior employee from any job in any classification which is at a level equal to or lower than that of the eliminated position provided that in the opinion of the Company she has the required skill and ability to do the job. Displacement into a higher classification shall be allowed in accordance with 20.04the terms of this article but in circumstances where senior employees would otherwise be laid off outside of seniority.
20.06 No new applicant 14.05 In the evaluation of skill and ability as referred to in Articles 14.01, 14.02, 14.03, 14.04 and 14.09, the Company shall be hired in the judge, provided however, if an employee believes that proper consideration of her skill and ability has not been given, she may file a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, grievance under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies10.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) In the Hospital event of a lay-off affecting full-time employees, the employees so affected shall not layoff any employee for any reason other than lack of workhave the option of:
(i) accepting transfer to part-time status; andor
(ii) being placed on lay-off status In either case, such employees will be subject to recall to full-time employment as per Article 14.03.
(b) the Hospital Employees who elect a transfer to part-time status as per Article 14.06 (a) (i) will be employed on a day-to-day basis prior to any remaining part-time employees to perform such scheduled or call-in work as arises prior to their recall to full-time work. Such work will be allocated to these transferred employees on a rotational basis.
(c) After twenty-four (24) months employees will revert back to part-time status and will lose their full-time recall rights.
14.07 The Company shall not demote any employee for the sole purpose of replacing him with notify an employee of a higher paid classificationher recall to work by telephoning the last number on record with the Company. Where the Company is unable to contact the employee by telephone, recall notice will be sent by registered mail to the last address on record with the Company. The employee is solely responsible for their proper address and telephone number being on record with the Company. The notification shall state the job to which the employee is to be recalled and the date and time at which the employee shall report to work. It is the sole responsibility of the employee to notify the Company of her intention to return to work within three (3) working days of receiving her notice of recall and return to work within ten (10) working days after receiving recall notice. Employees who fail to return to work within ten (10) days will forfeit their right to recall.
20.08 Part-time 14.08 The Company will advise the Union as early as possible of any layoff which is expected to continue for more than five (5) working days.
14.09 For the purpose of layoff and full-time employees who are laid-off recall of more than five (5) days, the Local Union Executive, Chief ▇▇▇▇▇▇▇ and Stewards shall be offered casual and/or temporary employment during their period of recall by order of have preferential seniority provided they are have the skill and ability required to perform the available and were employed for that type of work.
14.10 The Company shall give notice of termination according to the Employment Standards Act.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except a) Where the Employer plans to conduct a layoff, it shall layoff nurses in cases inverse order of emergencyseniority at the time of layoff provided that the nurses who are entitled to remain are qualified to perform the available work on the basis of their skill, layoffs due to lack ability, experience, qualifications.
b) Nurses shall be recalled in order of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Unionseniority, unless otherwise agreed between the Employer and the Local shall meet Association, provided that the senior nurse is qualified to discuss perform the layoffs.available work on the basis of her skill, ability, experience and qualification s.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14c) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in In the event of a proposed layoff of a permanent or long term nature, the Employer will :
i) provide the Association with thirty (30)days • notice;
ii) meet with the Association to review: the reasons causing the layoff; the service which the Employer will undertake after the layoff; the method of implementation, employees including areas of cutback and the nurses to be laid off•
iii) no new nurse will. be hired when there is a nurse (s) on layoff who is qualified in '._ • • • accordance with Article 12.01 b) and willing to perform the available work.
d) No nurse who has completed her probationary period shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job until she has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority received notice in accordance with 20.04t,he Employment Standards Act.
20.06 No new applicant e) Where a vacancy occurs in a position following a layoff as a result of which a nurse had been transferred to another position, the affected nurse will be offered the opportunity to return to her former position providing such vacancy occurs within six (6) months of the date of layoff. Where the nurse returns to her former position, there shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, no obligation to consider the vacancy under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies11.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (a) In case it becomes necessary to reduce the work force by;
(i) reduction in cases the number of emergency, layoffs due employees; or
(ii) reduction in the number of regularly scheduled hours available to lack of work for reasons other than contracting out one or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, more employees; the Employer will notify the Association and the Local shall meet to discuss the layoffs.
20.02 If an employee is all employees who are to be laid off, the hospital shall notify the employee and the Local, in writing, off at least fourteen (14) calendar days before prior to layoff, except that the fourteen (14) calendar days notice shall not apply where the layoff is to be effectiveresults from an Act of God, fire, or flood. If the employee is laid off has not given the been provided with an opportunity to work her regularly scheduled hours during fourteen (14) calendar days after notice of layoff, the scheduled work days during the term of notice he employee shall be paid in lieu thereof of such work for such days. The Hospital will meet with that portion of the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten fourteen (1014) calendar days during which work was not made available. Where the layoff results from an Act of such notice and every reasonable effort will be made God, fire or flood the affected employee shall receive pay for the days when work was not available up to provide continuing employment for employees a maximum of two (2) weeks pay in the hospital and in the bargaining unitslieu of notice.
20.03 Subject (b) If the Employer proposes to 20.04layoff an employee while she is on leave of absence, in Workers’ Compensation or absent due to illness or injury, she shall not be served with notice under sub-article (a) until she has advised the event Employer of a layoff, employees shall be laid off in the reverse order of their hospital seniorityher readiness to return to work.
20.04 An employee who (c) When notice of ▇▇▇▇▇▇ is affected by work shortage in his department will be entitled delivered to claim the job of another an employee in any department subject to person, the following conditions:employee may be accompanied by a representative of the Association, if one is available.
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above Layoff shall be given a reasonable period in reverse order of time to demonstrate sufficient skill and ability to perform seniority, however the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee Employer shall have the right to exercise his seniority retain employees who would otherwise be laid off when layoff in accordance with 20.04this Article would result in retaining employees who are not capable and qualified of performing the work required.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) The Parties shall discuss the Hospital shall not demote any employee for appropriate application of the sole purpose of replacing him with an employee of a higher paid classificationabove clause.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of temporary employees shall be by classification in cases reverse order of emergencyservice seniority within the employee's area.
(b) Temporary employees on layoff shall be recalled in order of service seniority within the employee's area provided the temporary employee is qualified to carry out the work which is available.
(c) Notwithstanding (a) above, layoffs due temporary employees hired for seasonal work or a term certain shall be laid off upon completion of the season or term and shall be subject to lack of work recall procedures in accordance with (b) above.
(d) Temporary employees hired for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice special projects, as mutually agreed to the Union, between the Employer and the Local Union, shall meet to discuss the layoffsbe considered terminated for cause in accordance with Clause 30.4(a) upon completion of their project or program.
20.02 If an employee (e) Temporary employees will be notified of available work by telephone, in accordance with Clause 30.5(h). It is to be laid off, the hospital shall notify responsibility of the employee and to advise the Local, Employer of changes in writing, at least fourteen telephone number.
(14f) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for Temporary employees who are unavailable in the hospital and in following circumstances will not have the bargaining units.
20.03 Subject to 20.04, in the event decline or unavailability count as an occurrence for purposes of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:Clause 30.4(d):
(a1) that such other job is held by an employee with less seniorityabsence on a WCB claim;
(b2) maternity leave or parental leave;
(3) illness (proof of illness may be required);
(4) illness of a spouse or dependent child of a temporary employee, or member of immediate family that such permanently resides with the employee, where no one other than the employee claiming can care for the job has sufficient qualifications child or immediate family member (proof of illness may be required);
(5) any leave authorized under this Agreement; or
(6) jury duty.
(g) Temporary employees subject to perform recall shall lose their service seniority and shall be considered terminated for just cause where they decline work on three (3) separate occasions in the jobcalendar periods between January 1st and June 30th inclusive or July 1st and December 31st inclusive. The Hospital It is understood that only one (1) decline may be counted per calendar day and when an employee declines or is unavailable for recall for work during a calendar day, the Employer shall not assess the qualifications be required to make further offers of work to the employee in an arbitrary manner. Such employees meeting for the requirements under calendar day which the employee has declined or been unavailable for.
(bh) above Employees on layoff shall be given a reasonable period two (2) hour per day time frame in which they will make themselves available for recall. This time frame will be set at the local level in each of time to demonstrate sufficient skill and ability to perform the jobwork areas.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to (i) Temporary employees may only exercise his bumping rights based upon seniority in accordance with 20.04relation to other temporary employees and in turn may only be bumped by regular employees or temporary employees possessing greater seniority.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. Section 8.01 In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off according to their classification seniority starting by the lowest. If there are two (2) employees in the reverse order of their hospital senioritysame classification the employee with the lowest seniority will be laid off first.
20.04 An Section 8.02 Prior to lay off, an employee, can bump the most junior employee in the lowest classification in another department provided he has the necessary qualifications. The employee who is affected by work shortage in has excercised this right will required a medical at Bitumar’s expense to evaluate his department health condition to perform the new job. If the results of the medical test are adequate, he will be entitled given adequate training and has twenty (20) days to claim prove that he has the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient necessary qualifications and abilities to perform the job. The Hospital Failing to demonstrate the necessary qualifications and abilities the employee will be laid off.
Section 8.03 Employees with seniority who are laid off shall not assess be recalled in reverse order to that in which they were laid off. An employee who has been recalled to a different position will require a medical at Bitumar’s expense and if the results are adequate and he has the required qualifications to perform the work for the open position, he will then be given adequate training and will have twenty (20) days to prove that he can perform the job. Failing to demonstrate the necessary qualifications the employee will be laid off again.
Section 8.04 In the event of the employee curtailment of business or in an arbitrary manner. Such the event of changed conditions which will cause a shortage of work, the Local Union will be notified and the employees meeting the requirements under (b) above shall will be given a reasonable period four (4) calendar days notice or a pay in lieu of time the Employer's intention to demonstrate sufficient skill lay off regular employees. This notice will permit discussion of the problem and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given provide an opportunity for a job, for either the Local Union or the Employer to make suggestions which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciescould eliminate or reduce the extent of the layoff or short time situation anticipated.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases (e) In the event of emergencya proposed layoff, layoffs due to lack of work for reasons other the employer shall provide the union with no less than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty ninety (3090) calendar days' notice of intent. In conjunction such layoff and shall meet with the notice Union to review the Union, following:
(i) the Employer reasons causing the layoff;
(ii) the service which the employer will undertake after the layoff;
(iii) the method of implementation including the areas of cut-back and the Local shall meet to discuss the layoffs.
20.02 If an employee is nurses to be laid off.
(f) Full-time and regular part-time nurses shall be recalled in order of seniority. In cases of recall from layoff, nurses may be provided with any orientation determined by either the hospital nurse or the employer. A request by such nurse for orientation shall not be unreasonably denied.
(g) It shall be the duty of each nurse to notify the employee Employer promptly of any change in address. Notice required by the Employer shall be deemed to be given if forwarded to the nurse at the last address of which the Employer had notice.
10.08 Seniority shall terminate and a nurse shall cease to be employed by the LocalEmployer when she:
(a) voluntarily quits her employment with the Employer;
(b) is discharged and is not reinstated through the grievance procedure or Arbitration;
(i) due to illness or disability, is off work for a continuous period of twenty-four (24) months;
(ii) due to other causes such a layoff, is off work for a continuous period of twenty-four (24) months or the length of the employee's seniority whichever is the shorter;
(d) fails to report her intention to return to work within five (5) calendar days of receiving notice of recall after layoff or in writingany event, at least fails to report for work within fourteen (14) calendar days before after being notified by the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days Employer of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of recall by registered mail at her last known address unless a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who satisfactory explanation is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less senioritygiven;
(be) that such employee claiming fails to return to work upon termination of an authorized leave of absence unless a satisfactory reason is given;
(f) accepts gainful employment while on a leave of absence without first obtaining the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications consent of the employee Employer in an arbitrary manner. Such employees meeting writing;
(g) is absent from work for two (2) days or more without notice to the requirements under (b) above shall be given Employer and without a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall bona fide excuse for such absence. Note: This Article will be hired interpreted in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesmanner consistent with the Ontario Human Rights Code.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (a) The Department in cases its sole discretion shall determine whether layoffs are necessary and shall determine which job title(s) shall be affected. Such reasons include without limitation the following situations: (1) financial necessity, (2) operational efficiency and (3) program reduction. The Department's determination to effectuate a layoff shall be final and not subject to the grievance or arbitration procedures of emergencythis Agreement.
(b) Whenever layoffs are contemplated, the Department shall notify the Union as early as possible. At the same time, the Department shall request immediate notification by area supervisors of any vacancies, which exist or are anticipated within the next sixty (60) days. At the time that any notices of individual layoffs due are sent, the Department shall have a current list of actual and anticipated vacancies on file in the Human Resources Area. If the Union wishes to lack propose alternatives to layoffs, the Department will hear such alternatives but in no case will it be obligated to accept the Union's proposals. Any such Union proposals should be made to the Department at the earliest opportunity. Notices of work individual layoffs shall be provided, in writing, by the General Manager to each individual employee who is to be laid off no less than sixty (60) days prior to the effective date of such layoff. If an employee is unavailable to receive notice of layoff for reasons other than contracting out or mergers a period of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty five (305) calendar days' days from when said notice of intent. In conjunction with is prepared, the General Manager shall provide said written notice to the Union, and such notice shall be considered notice to the Employer and the Local employee. Such notice shall meet to discuss the layoffsbe by certified mail, return receipt requested.
20.02 If an (c) Within a job title(s) affected by a layoff, the employee(s) having the least seniority as defined in Article VI shall be laid off.
(d) An employee who is given notice that they are to be laid off, the hospital shall notify the employee and the Local, in writing, who has had at least one (1) consecutive year of satisfactory or better evaluations, will also have the right to attempt to displace a less senior employee in a position for which they are as qualified as the incumbent, or can reasonably be expected to be as qualified as the incumbent by the end of the sixty (60) day probationary period with usual and customary on the job training. Provided, however, that an employee may exercise displacement rights only into a job title which has a pay grade which is equal to or lower than their own. Any such employee may also elect against exercising displacement rights, receive three hundred twenty (320) hours of severance pay at the next payment date and immediately be placed on lay-off status.
(e) An employee who has received written notice of layoff shall have fourteen (14) calendar days before from receipt of said notice to provide written notice to the layoff is Department of their desire to displace under Section 9.12(d) above. Said written notice shall be effective. If sent by the employee to the General Manager. Such notice shall state which position is not given desired and include sufficient proof of qualification for the opportunity to work job. Upon being so notified, the scheduled work days during the term of notice he General Manager or their designee shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties decide within ten (10) calendar working days of such notice whether the applicant meets the qualifications for the job in question as specified in Section 9.12(d) above, and every reasonable effort will be made to provide continuing employment for employees in so notify the hospital and in the bargaining units.
20.03 Subject to 20.04employee, in writing. If the event of a layoff, employees shall be laid off in General Manager decides that an employee does not meet the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim qualifications for the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesquestion, the employee shall have seven (7) calendar days from receipt of written notice of non-qualification to appeal such decision. The appeal shall be in writing and filed with the right General Manager. If a timely appeal is filed, the question of qualifications under Section 9.12(d) shall be presented to exercise his seniority in accordance with 20.04▇▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Esq. (or such other individual as may be mutually agreed between the parties) who shall serve as a permanent adjudicator of any and all such qualifications appeals until a successor adjudicator has been agreed upon. The costs of the adjudicator shall be shared equally by the parties. The adjudicator shall arrange a hearing and render a decision within thirty (30) days of the appeal. The decision of the adjudicator shall be final and binding.
20.06 No new applicant (f) Only one attempt at displacement may be made by an affected employee in a particular round of layoffs. This attempt may include two (2) written applications to the General Manager but only one (1) appeal to the adjudicator. If the employee determines to seek a ruling from the adjudicator following the first denial by the General Manager, the determination of the adjudicator shall be hired final and no further application to either the General Manager or the adjudicator shall be permissible.
(g) Any displacing employee shall serve a sixty (60) day probationary period in the new position. The probationary criteria shall be whether they perform adequately in the position. An employee who is informed that they have not successfully completed the probationary period may utilize the grievance and arbitration provisions of this Agreement.
(h) If displacement is requested and permitted, the employee shall make the transfer as soon as the new position is available.
(i) If displacement is requested and permitted, the displaced employee shall be promptly given a hospital in sixty (60) day notice of layoff and shall have exactly the same rights as the employee who originally received such notice. The displacing employee shall move into the new position as soon as is practical as determined by the supervisor of the area into which there has been the employee is moving.
(j) In the event that a layoff until those laid off employee remains unemployed; the Department shall allow them to buy the current medical insurance coverage for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.eighteen
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except
(a) Layoff of auxiliary employees shall be by classification in cases reverse order of emergencyservice seniority within a seniority unit Appendices A, layoffs due B, C, D, E or F, as appropriate.
(b) Auxiliary employees on layoff shall be recalled in order of service seniority within a seniority unit, provided the auxiliary employee is qualified to lack carry out the work which is available.
(c) Notwithstanding (a) above, auxiliary employees hired for seasonal work or a term certain shall be laid off upon completion of work the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Auxiliary employees hired pursuant to Article 34 - Special Employment Programs, or for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice special projects, as mutually agreed to the Union, between the Employer and the Local Union, shall meet to discuss be considered terminated for cause in accordance with Clause 30.4(a) - Loss of Seniority upon completion of their project or program. The Employer will provide the layoffsUnion with a copy of each appointment letter for employees hired under Clause 30.5(d) - Layoff and Recall, within 30 days of the appointment.
20.02 If an employee (e) The Employer will schedule time periods during which auxiliary employees on layoff will be contacted as work is available. These scheduled time periods will be established by seniority units based on the scheduling patterns for that unit, such that auxiliary employees will not be required to be laid offavailable more than three hours on any one day or for more than one period per shift, at their contact point established pursuant to (g) below. Calls made to auxiliary employees outside of the hospital shall notify scheduled time periods will be treated in accordance with the employee and the Localapplicable sections of this article.
(f) Auxiliary employees will be advised, in writing, which includes email, of the scheduled time periods and of any changes thereto. Auxiliary employees, on layoff, are required to be personally available at their contact point during these scheduled time periods. The exceptions to this provision are detailed in (h) and (j) below.
(g) Auxiliary employees will provide a direct communication link that will give them personal contact with their work unit/recall section.
(1) Where telephone, text or email communication is used, two attempts, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort five minutes apart, will be made to provide continuing employment contact the auxiliary employees. The Employer shall allow for employees in the hospital and in the bargaining unitsa minimum of seven rings, unless an answering system responds.
20.03 Subject (2) For the purposes of the morning call-out period only, a single verbal attempt will be made to 20.04contact the auxiliary employee at a maximum of two listed contact numbers. Should an auxiliary employee not respond to the call, this will not be considered a decline of work pursuant to Article 30.4(d). Should an auxiliary employee subsequently respond to the call and the shift has not been filled, the auxiliary will be assigned the shift.
(3) Where a pager is used, a single attempt will be made and the auxiliary employee must respond to the Employer within five minutes of the page. Notwithstanding the above, in the event case of an emergency situation, a layoffsingle verbal attempt will be made to contact the auxiliary employees.
(i) Auxiliary employees are responsible for advising their work unit/recall section, in writing, of their current phone number, address, radio call numbers, etc., as established in (g) above, and for the accuracy and completeness of the information provided. Where public communication or display media are used by the Employer to advise auxiliary employees shall be laid off of work available, the auxiliary employees will check such media in the reverse order of manner indicated by the Employer. Auxiliary employees are responsible for maintaining the necessary equipment required to receive notice, in an operable condition, except where such maintenance is beyond their hospital senioritycontrol.
20.04 An employee (j) Auxiliary employees on layoff who experience problems with their communication link established under (g) above, or who will not be available at their contact point during the scheduled time period for those reasons outlined in (n) below, are required to contact their work unit/recall section in advance of the scheduled time periods as designated by the Employer. The auxiliary employees may be required to contact their work unit/recall section during the scheduled time period to obtain a specific work schedule, etc.
(k) If the Employer is affected unable to contact auxiliary employees during the scheduled time periods established in (e) above, they will immediately advise the employees by registered mail of the date, time and result of the contact attempt(s), and that they are considered to have been unavailable for work shortage for purposes of Clause 30.4(d) - Loss of Seniority. If the Employer is unable to contact auxiliary employees outside of the scheduled time periods they will not count such unavailability for purposes of Clause 30.4(d) - Loss of Seniority except as specified in his department (l) below.
(l) Where auxiliary employees are contacted outside of the scheduled time periods and decline work in an emergency situation, other than for reasons outlined in (n) below, they will be entitled considered to claim have declined work for purposes of Clause 30.4(d) - Loss of Seniority.
(m) Where auxiliary employees are contacted during the job scheduled time periods established in (e) above, and decline the work offered, such decline will be considered to be a decline for purposes of another employee Clause 31.4(d) - Loss of Seniority.
(n) Auxiliary employees who are unavailable in any department subject to the following conditionscircumstances, and who call in to their work unit/recall section at the times designated by the Employer, will not have the decline or unavailability count as an occurrence for purposes of Clause 30.4(d) - Loss of Seniority:
(a1) that such other job is held by an employee with less seniorityabsence on a WCB claim;
(b2) that such employee claiming the job has sufficient qualifications maternity leave, parental leave or adoption leave;
(3) absence on bereavement as per Clause 30.6(c) - Application of Agreement;
(4) leave to perform the job. The Hospital shall not assess the qualifications participate in activities of a Reserve Component of the Canadian Armed Forces;
(5) illness; proof of illness may be required if the absence is greater than five days or where it appears a pattern of consistent or frequent absence is developing;
(6) illness of, or inability to obtain child care for a dependent child of an auxiliary employee, where no one other than the employee in an arbitrary mannercan care for the child. Proof of illness or inability to obtain child care may be required if a pattern of consistent absence is developing. Such employees meeting leave will not exceed two days;
(7) Union leave per Clause 2.10 - Time Off for Union Business;
(8) jury duty;
(9) medical or dental appointments;
(10) approved leave under Clause 30.11(b) - Annual Vacations;
(11) an offer of work which is less than three and one-half hours duration;
(12) an offer of work which would constitute a short changeover (Clause 15.4 - Short Changeover Premium). Employees who decline work pursuant to (11) or (12) will remain eligible to be recalled for other available work on the requirements under (b) above shall be given a reasonable period of time same day and to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, accept or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority decline that work in accordance with 20.04the terms of this agreement.
20.06 No new applicant (o) Auxiliary employees subject to recall shall lose their service and classification seniority and shall be hired in a hospital in which there has been a layoff until those laid off considered terminated for less than eighteen (18) consecutive months have been given an opportunity for a job, for which just cause where they are qualifiedunavailable for or decline work on six separate occasions2 in the calendar periods between April 1 and September 30 inclusive or October 1 and March 31 inclusive.
(p) (1) Auxiliary employees, under Article 31with the agreement of the Employer, may specify days and/or times of availability. Those qualified laid off employees Such agreed to days and/or times and any agreed to alterations thereto, shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at and include the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationdays and/or times, and effective date.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except (a) Layoff of temporary employees shall be by classification in cases reverse order of emergencyservice seniority within a District seniority unit as defined in Collective Agreement.
(b) Temporary employees on layoff shall be recalled in order of service seniority within a District seniority unit, layoffs due provided the temporary employee is qualified to lack carry out the work which is available.
(c) Notwithstanding (a) above, temporary employees hired for seasonal work or a term certain shall be laid off upon completion of work the season or term and shall be subject to recall procedures in accordance with (b) above.
(d) Temporary employees hired for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice special projects, as mutually agreed to the Union, between the Employer and the Local Union, shall meet to discuss the layoffsbe considered terminated for cause in accordance with Clause 30.4(a) upon completion of their project or program.
20.02 If an employee is to (e) Temporary employees will be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectivenotified of available work by telephone. If the employee Where that is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital possible contact will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten made by registered mail.
(10f) calendar days of such notice and every reasonable effort will be made to provide continuing employment for Temporary employees who are unavailable in the hospital and in following circumstances will not have the bargaining units.
20.03 Subject to 20.04, in the event decline or unavailability count as an occurrence for purposes of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:Clause 30.4(d):
(a1) that such other job is held by an employee with less seniorityabsence on a WCB claim;
(b2) maternity leave;
(3) illness (proof of illness may be required);
(4) illness of a dependent child of a temporary employee, or member of immediate family that such permanently resides with the employee, where no one other than the employee claiming can care for the job has sufficient qualifications child or immediate family member (proof of illness may be required);
(5) any leave authorized under this Agreement; or
(6) jury duty.
(g) Temporary employees subject to perform recall shall lose their service and classification seniority and shall be considered terminated for just cause where they decline work on three (3) separate occasions in the jobcalendar periods between January 1st and June 30th inclusive or July 1st and December 31st inclusive. The Hospital It is understood that only one decline may be counted per calendar day and when an employee declines or is unavailable for recall for work during a calendar day, the Employer shall not assess the qualifications be required to make further offers of work to the employee in an arbitrary manner. Such employees meeting for the requirements under calendar day which the employee has declined or been unavailable for.
(bh) above Employees on layoff shall be given a reasonable period of two (2) hour per day time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital frame in which there has been a layoff until those laid off they will make themselves available for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31recall. Those qualified laid off employees shall This time frame will be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing set at the time local level in each of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationseniority units.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases In the event of emergency, layoffs due to lack the curtailment of work for reasons other than contracting out business or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of changed conditions which will cause a shortage of work, the Local Union will be given reasonable notice of the Employer’s intention to lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff. This notice will permit discussion of the problem and pro- vide an opportunity for either the Local Union or the to make suggestions which could eliminate or reduce the extent of the layoff or short time situation anticipated, such as a change in the system of days off or additional paid vacation days, in lieu of vacation bonus. Following such meeting, the Employer shall promptly ad- vise those employees shall who are likely to be laid off or sched- uled for short time or for other than regular hours. Where such curtailment of business or changed con- ditions are likely to cause layoff or short time work assign- ments for employees in several seniority groups covered by this Agreement, then the Employer shall discuss the prob- lem with the Provincial Board.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the reverse order seniority group unless: has filed a letter indicating that ▇▇- ▇▇▇▇▇▇ work for the period of their hospital seniority.
20.04 the anticipated work shortage; in such cases will be deemed to have taken leave of absence and to have opted out of the until indicates by letter that is again available for short time work as- signments, or unless has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which has indicated that he/ she will he available, and with respect to any hours for which has indicated that is not available will he deemed to he on layoff, but not eligible for payments for those hours. An employee who has not filed such a letter is affected by presumed to he available for all reasonable short time assignments within seniority group. An employee who refuses to accept or fails to report for a scheduled as- signment without reasonable excuse shall be struck off the schedule for the week, and will not be scheduled for any subsequent weeks until notifies the Em- ployer in writing that will he available for rea- sonable short time work shortage assignments, and until does so will he deemed on layoff but not eligi- ble for benefits under the A regular employee who is laid off shall be carried on the seniority list for a period equal to the seniority he/ she has accumulated at the time the layoff commences up to a maximum of two (2) years calculated from her last day at work. Regular employees who are scheduled to work any hours in his department any week will continue to he eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has filed a letter indicating that will accept only limited work assignments, will be entitled limited to claim an amount not in excess of of the job hours for which has made avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly In- demnity payments during any such week. However, an employee already in receipt of another Weekly Indemnity benefits before is actually laid off or scheduled for short time assignments will continue to draw benefits for the duration of illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and par- ticipation in the Weekly Indemnity and Long Term Dis- ability Plans ceases immediately upon lay off and is reinstated upon recall to work and com- pletion of eight (8) hours’ work in the Bargaining Unit. Notwithstanding the above, an employee with ten (IO) or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to re- port to work due to sickness or nonoccupational acci- dent, shall be eligible for participation in any department subject to the Weekly Indemnity and Long Term Disability Plans effective the date of recall. When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week may transfer under the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such must have the ability and physical fitness for the position that is open; the employee must transfer voluntarily at own expense; the employee must accept the rate that is applicable to the vacancy; employees meeting on layoff within the requirements under (b) above shall Operation will be con- tacted and the most senior employee amongst those ▇▇▇- gible by reason of layoff or short time scheduling will be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.preference;
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except Layoff shall mean the discontinuation or reduction in cases hours of emergencya position or positions, layoffs with the exception of casual part time positions, due to a lack of work for reasons other than contracting out or mergers reduction or discontinuation of hospitals a service or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04program, in the event of a layoff, employees the Employer will notify:
I. the Local Executive II. any affected staff III. program staff IV. all other staff as appropriate
20.02 Advance Notice of Layoff - unless legislation is more favourable to the Employee, YSB shall give advance notice to Employees who are to be laid off according to the following:
1. Employees with more than four months but less than five years of service will receive a minimum of five (5) weeks’ notice in advance of the actual date of layoff.
2. Employees with five years or more of service will receive notice in advance of the actual date of layoff equivalent to one week of notice per year of service to a maximum of ten (10) weeks.
3. If work is not provided for during the period of notice Employees shall be paid for the days for which work was not made available.
20.03 The following provisions will apply to positions that are funded for the 10 month school year:
a) Positions in these programs shall be posted as permanent
b) Employees in these positions shall be laid off in at the reverse order end of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject school year and recalled to the following conditions:same position at the beginning of the school year,
(ac) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital Employees in these positions shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority bump as outlined in accordance article 20.10 unless their position is eliminated, d) Article 20.13 will apply while on layoff.
20.04 Employees in receipt of a notice of layoff will be provided with 20.04reasonable time off from work with pay to attend job interviews.
20.05 An Employee who is laid off shall be entitled to a cash equivalent of all vacation leave credits accrued as of the day of layoff.
20.06 No new applicant shall Employees in receipt of a notice of layoff will have the opportunity to meet with the Human Resources Director or designate within five (5) working days, or at a mutually agreed upon time, to review their options. Employees may be hired accompanied to this meeting by a representative of the Local.
20.07 Employees in a hospital in which there has been receipt of a layoff until those laid off notice shall have, subsequent to the meeting identified in Article 20.03, a further period of 10 days to advise YSB, in writing, of their application for less than eighteen (18) consecutive months have been given an opportunity for a job, positions for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time qualify and which they would prefer by reason of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationseniority.
20.08 Part-time and full-time employees a) An Employee who are laid-off is recalled from layoff shall be offered casual and/or temporary employment during their period credited all seniority as of recall by order the date of seniority provided they are available and were employed for that type of worklayoff.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 12.1 All layoffs shall be done in cases reverse order of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after seniority provided the employees affected and remaining have the Local have been given ability to properly perform the assigned duties. It is understood that the Employer must show just reasons for any layoff that is not in reverse order of seniority.
12.2 Recall shall be in order of seniority provided the employee to be recalled has the ability to properly perform the duties of the position to which the recall applies. It is understood that the Employer must show just reasons for any recall that is not done in order of seniority.
12.3 In the event that the Employer determines that a theatre covered by this Collective Agreement is to be permanently closed, employees with one (1) or more years seniority shall be entitled to a minimum of thirty three (303) calendar daysmonths notice that their jobs in that theatre will be terminated, save and except that the Union agrees that three (3) months notice need not be given in the event of closures caused by acts of God, fire, or other emergency circumstances, or in the event of a business decision made by the Employer not known by local Management prior to the three (3) month notice period. In those cases the portion of the length of notice less than three (3) months will be added to the affected employees' period of eligibility to apply under Article 11.5.
12.4 Copies of notices pursuant to Article 11.3 shall be delivered to the Union in a timely fashion.
12.5 Upon receipt of a notice of intenttermination under this article, such employees shall have the opportunity to apply for any vacant positions, or additional positions which become, or will become, available in any of the Employer's operations in the bargaining unit during the notice period, and for a six (6) month period following the employee's termination. Employees so applying shall be given preference, in order of their service seniority, over any other applicants provided they have the ability to properly perform the work available.
12.6 In conjunction the event that more than one employee applies for a position, the employee with the most service seniority shall be selected from those applicants who have met the requirements as set forth in Article 11.5 above.
12.7 The Employer shall promptly inform all employees in receipt of a notice under this Article of available vacancies in the Employer's operations in the bargaining unit during the notice period referred to in Article 11.5, and shall provide to the Union, employees information as to the Employer hours of work and the Local shall meet to discuss the layoffs.
20.02 probable schedules of any such available positions. If an employee is to be laid offrejects a position located within fifteen (15) miles of the closed theatre that offers at least the same number of hours as the employee was working at the time the employee received notice of termination, the hospital employee shall notify be removed from the employee list and shall not be entitled to the Localbenefits of this clause. Any notice of a vacancy under this Article may be given personally, by telephone, or by registered letter to the last address provided to the Employer.
12.8 Employees must apply for the vacancies, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days after the date the employee was informed of such notice and every reasonable effort will the job vacancy or additional job. If an employee does not apply within the said ten (10) day period, the employee has no right to be made to provide continuing employment considered for employees in the hospital and in the bargaining unitsthat position.
20.03 Subject 12.9 Employees who are re-employed pursuant to 20.04, this Article shall retain all accrued benefits of this Agreement that have been earned in accordance of their seniority subject only to Articles 10.1(b) and 10.4.
12.10 Employees who are working thirty (30) hours or more per week at the event time that they are given notice of termination due to closure of a layoff, employees shall be laid off in the reverse order of theatre may opt to terminate their hospital seniority.
20.04 An employee who is affected employment by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsaccepting severance pay as follows:
(a) that such other job is held by an employee with less senioritytwo (2) weeks salary for the first completed year of service and thereafter one (1) week's salary for each continuous year of service to a maximum of fifteen (15) weeks;
(b) that such employee claiming for the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications purposes of the employee in an arbitrary manner. Such employees meeting the requirements calculating wage entitlement under Article 11.10(a) above, one (b1) above week's salary shall be given a reasonable period an average of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, weekly wage during the ten (10) weeks prior to the date on which the employee shall have received notice of termination pursuant to Article 11.3;
(c) it is understood that the right option of severance pay is available only should the employee eligible under this clause not be offered employment which would allow the employee to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for work twenty-five (25) or more hours per week within fifteen (15) miles of the closed theatre. Further, if an employee is offered work at less than eighteen twenty-five (1825) consecutive months have been given an opportunity for a jobhours per week and accepts that position, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed then there is no entitlement to have applied for such vacanciesseverance pay.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 17.01 Operational reasons that may include budgetary constraints, discontinuance of funding, organizational restructuring, reorganization of duties and responsibilities, reduction of funding, or technological change may make it necessary for the Family Health Team to reduce the complement of employees in cases the bargaining unit by:
a) declaring a short term layoff,
b) by eliminating one (1) or more bargaining unit positions from the department, or
c) by reducing the hours of emergencyone (1) or more bargaining unit positions in the department. No person employed by the University shall perform duties normally assigned to bargaining unit employees if doing so will result in the layoff, layoffs due to lack or in a reduction of the regular work for reasons other than contracting out or mergers hours, of hospitals or services any bargaining unit employee.
17.02 In the event of hospitals will only take place after a permanent layoff the employees affected and University shall:
a) provide the Local have been given a minimum of thirty (30) calendar days' Union with notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least proposed layoff fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term in advance of notice he shall be paid to the employee(s); and
b) provide to the affected employee(s), no less than three (3) months’ written notice of layoff, or pay in lieu thereof for such days. The Hospital thereof.
17.03 Within two (2) weeks of notifying the Local Union President or designee about the pending layoff, the University will meet with the Local Union to discuss inform the disposition Union of staff so affectedits intention and the reason(s) for the layoff. Discussion At this meeting, the University and the Union may explore and agree to alternative arrangements that meet the operational needs of the Queen’s Family Health Team and eliminate the need for, or reduce the impact of, the layoff.
17.04 An employee will commence between normally be expected to work through the parties within ten (10) calendar days notice period, but the University may choose not to require the employee to attend at work during all or part of such the notice and every reasonable effort period in which case the employee will be made so advised in writing and such decision will not affect the employee’s entitlement(s) pursuant to provide continuing employment for employees Article 17.
17.05 If a position(s) that is subject to a layoff is one of a number of positions in the hospital Queen’s Family Health Team for which the required qualifications and the duties are substantially similar, the employee(s) will be laid off in reverse order of seniority. Subject to the foregoing, probationary employees shall be laid off first.
17.06 Full-time and part-time employees shall not be laid off where there exists a temporary employee in the bargaining unitssame classification.
20.03 Subject 17.07 The notice period shall begin on the date that written notice of ▇▇▇▇▇▇ is received by the employee or the date on which written notice of layoff is delivered by registered mail to 20.04the employee’s address on file with Human Resources, whichever is earlier.
a) if an employee is on pregnancy or parental leave, the notice period will begin on the date the employee is scheduled to return to work from such leave;
b) if an employee is on WSIB or LTD leave, the notice period will begin on the date the employee is determined to be fit to return to work from such leave;
c) if an employee is on short term sick leave, the notice period will begin on the date the employee is deemed fit to return to work from sick leave.
17.08 Prior to implementing a short-term layoff (less than three (3) months), employees will first be offered, in order of seniority, the opportunity to take vacation day(s), utilize any compensating/lieu time credits or to take unpaid leaves in order to minimize the impact of a short-term layoff.
17.09 Employees shall have the following entitlements in the event of a layoff;
a) An employee who has been notified of a layoff may:
(i) Accept the layoff; or
(ii) Opt to retire if eligible under the terms of the University’s pension plan as outlined in Article 23; or
(iii) elect to fill a vacant position, provided they are qualified to perform the available work; or
(iv) displace an employee with lesser seniority whose work they are qualified to perform.
b) In all cases of layoff:
(i) Any agreement between the Employer and the Union concerning the method of implementation of a layoff shall take precedence over the terms of this article. The unavailability of a representative of the Union shall not delay any meeting regarding layoffs or staff reductions.
(ii) No reduction in the hours of work shall take place to prevent or reduce the impact of a layoff without the consent of the Union.
(iii) All regular part-time and regular full-time employees represented by the Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new employee is hired into either category.
(iv) Full-time and Part-time layoff and recall rights shall not operate so as to create an inequity for more senior employees. Thus if a Part-time employee has greater seniority than a Full-time employee, the Part-time employee may displace the more junior full time employee.
(v) No new employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee hired until all those employees who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have retain the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months recalled have been given an opportunity for to return to work.
(vi) Should a jobvacant position exist, for which they are qualified, under Article 31. Those qualified it shall be filled by an employee on layoff provided that the laid off employees employee has the qualifications and relevant experience to fill the vacancy. If no laid off employee has the qualifications and relevant experience, the vacant position shall be deemed subject to have applied for such vacanciesthe posting process as articulated in Article 13 – Job Postings.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except 7.01 In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Union will be given reasonable notice of the Employer’s intention to lack lay off Full Time employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff.
7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by this Agreement, then the Employer shall discuss the problem with Union 12R24.
(a) A Full Time employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) they have filed a letter indicating that they ▇▇- ▇▇▇▇▇ work for reasons other than contracting the period of the anticipated work shortage; in such cases they will be deemed to have taken leave of absence and to have opted out of the G.W.P. until they indicate by letter that they are again available for short time work as- signments, or
(ii) unless they have filed a letter indicating that they will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which they have indicated that they will be available, and with respect to any hours for which they have indicated that they are not available they will be deemed to be on layoff, but not eligible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time as- signments within their seniority group. An employee who refuses to accept or mergers of hospitals or services of hospitals fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will only take place after not be sched- uled for any subsequent weeks until they notify the employees affected Employer in writing that they will be available for rea- sonable short time work assignments, and until they do so they will be deemed on layoff but not eligible for benefits under the Local have been given G.W.P.
(c) A Full Time employee who is laid off shall be carried on the seniority list for a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice period equal to the Union, seniority they have accumulated at the Employer and time the Local shall meet layoff commen- ces up to discuss the layoffsa maximum of two (2) years calculated from their last day at work.
20.02 If (d) Full Time employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a Full Time employee who has filed a letter indicating that they will accept only limited work assignments, will be limited to an amount not in excess of 70% of the hours for which they have made themselves avail- able. Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of Weekly In- demnity benefits before they are actually laid off or sched- uled for short time assignments will continue to draw benefits for the duration of their illness or up to the max- imum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Weekly Indemnity and Long Term Disability Plans ceases immediately upon their lay off and is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity reinstat- ed upon their recall to work and completion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to report to work due to sickness or nonoccupational accident, shall be ▇▇▇- gible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort their recall.
7.04 When a vacancy is declared on a seniority list which is not otherwise filled, a Full Time employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) the employee must have the ability and physical fit- ness for the position that such other job is held by an employee with less seniorityopen;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must transfer voluntarily at their own expense;
(c) the requirements under employee must accept the rate that is applicable to the vacancy;
(bd) above shall be given if a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesvacancy is not filled within seven (7) days, the employee company shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from over- staffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointmentexpanding geographic basis as fol- lows:
(ai) Neighbouring Seniority Groups (ii) Provincially
(e) the Hospital shall not layoff any transferring employee for any reason other than lack will retain their existing seniority on the seniority list of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationarea to which they have been transferred.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases 7.01 In the event of emergency, layoffs due to lack the curtailment of work for reasons other than contracting out business or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of changed conditions which will cause a shortage of work, the Local Union will be given reasonable notice of the Employer’s intention to lay off regular employees or to schedule some of them for less than full time hours or for hours other than regular hours in lieu of layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected 7.02 Where such curtailment of business or changed conditions are likely to cause layoff or short time work as- signments for employees in several seniority groups cov- ered by work shortage in his department will be entitled to claim this Agreement, then the job of another employee in any department subject to Employer shall discuss the following conditions:problem with Local Union 12R24.
(a) A regular employee who is scheduled for less than regular hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless:
(i) they have filed a letter indicating that they ▇▇- ▇▇▇▇▇ work for the period of the anticipated work shortage; in such other job is held cases they will be deemed to have taken leave of absence and to have opted out of the G.W.P. until they indicate by letter that they are again available for short time work as- signments, or
(ii) unless they have filed a letter indicating that they will accept limited work assignments only, specifying days, and such an employee must ac- cept all reasonable short time work assignments for which they have indicated that they will be available, and with less seniority;respect to any hours for which they have indicated that they are not available they will be deemed to be on layoff, but not ▇▇▇- gible for G.W.P. payments for those hours.
(b) An employee who has not filed such a letter is pre- sumed to be available for all reasonable short time as- signments within their seniority group. An employee who refuses to accept or fails to report for a scheduled assignment without reasonable excuse shall be struck off the schedule for the week, and will not be sched- uled for any subsequent weeks until they notify the Employer in writing that such they will be available for reasonable short time work assignments, and until they do so they will be deemed on layoff but not ▇▇▇- gible for benefits under the G.W.P.
(c) A regular employee claiming who is laid off shall be carried on the job seniority list for a period equal to the seniority they have accumulated at the time the layoff com- mences up to a maximum of two (2) years calculated from their last day at work.
(d) Regular employees who are scheduled to work any hours in any week will continue to be eligible for Weekly Indemnity coverage except that the benefit for a regular employee who has sufficient qualifications filed a letter indicating that they will accept only limited work assignments, will be limited to perform the job. The Hospital shall an amount not assess the qualifications in excess of 70% of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, hours for which they have made themselves available. Employees who are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall and who are not layoff any employee scheduled for any reason other than lack work in a week are not eligible for Weekly Indemnity payments during any such week. However, an employee already in receipt of work; and
(b) the Hospital shall not demote any employee Weekly In- demnity benefits they are actually laid off or scheduled for short time assignments will continue to draw benefits for the sole purpose duration of replacing him with an employee their illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and partici- pation in the Weekly Indemnity and Long Term Disability Plans ceases immediately upon their lay off and is re- instated upon their recall to work and completion of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.eight
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;Accept the layoff; or
(b) that such Opt to receive a separation allowance as outlined in Article 9.12; or
(c) Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or
(d) Displace another employee claiming who has lesser bargaining unit seniority in the job same or a lower or an identical paying classification in the bargaining unit if the employee originally subject to layoff has sufficient qualifications the ability to perform meet the normal requirements of the job. The An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital shall not assess of his or her intention to do so and the qualifications position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee in an arbitrary manner. Such employees meeting is within 1% of the requirements under (b) above shall be given a reasonable period of laid off employee's straight time to demonstrate sufficient skill and ability to perform the jobhourly wage rate.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change (e) In the event that there are no employees with lesser seniority in the employee's dutiessame or a lower or identical-paying classification, the as defined in this article, a laid-off employee shall have the right to exercise his displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training.
(f) In addition, in combined full-time/part-time collective agreements, a full-time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee.
(g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with 20.04(a) and (d) above.
20.06 (h) No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new applicant employees shall be hired in a hospital in which there has been a layoff until all those laid off for less than eighteen (18) consecutive months have been given an opportunity for a jobto return to work and have failed to do so, for in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which they are qualified, under Article 31. Those qualified laid off employees notification shall be deemed to have applied for such vacancies.
20.07 Unless be received on the second day following the date of mailing). The notification shall state the job to which the employee was notified in writing is eligible to be recalled and the date and time at which the time of hiring that employee shall report for work. The employee is solely responsible for his or her proper address being on record with the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationHospital.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except An employee in cases receipt of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice layoff pursuant to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (149.08(A)(a)(ii) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditionsmay:
(a) that such other job is held by an employee with less seniority;accept the layoff; or
(b) that such opt to receive a separation allowance as outlined in Article 9.12; or
(c) opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or
(d) displace another employee claiming who has lesser bargaining unit seniority in the job same or a lower or an identical-paying classification in the bargaining unit if the employee originally subject to layoff has sufficient qualifications the ability to perform meet the normal requirements of the job. The An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(A)(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital shall not assess of his or her intention to do so and the qualifications position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee in an arbitrary manner. Such employees meeting is within 1% of the requirements under (b) above shall be given a reasonable period of laid off employee's straight time to demonstrate sufficient skill and ability to perform the jobhourly wage rate.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change (e) In the event that there are no employees with lesser seniority in the employee's dutiessame or a lower or identical-paying classification, the as defined in this article, a laid-off employee shall have the right to exercise his displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training.
(f) In addition, in combined full-time/part-time collective agreements, a full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee.
(g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with 20.04(a) and (d) above.
20.06 (h) No fulltime employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees.
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(A)(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the
(k) posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work.
(l) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(m) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(n) No new applicant employees shall be hired in a hospital in which there has been a layoff until all those laid off for less than eighteen (18) consecutive months have been given an opportunity for a jobto return to work and have failed to do so, for in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(o) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which they are qualified, under Article 31. Those qualified laid off employees notification shall be deemed to have applied for such vacancies.
20.07 Unless be received on the second day following the date of mailing). The notification shall state the job to which the employee was notified in writing is eligible to be recalled and the date and time at which the time of hiring that employee shall report for work. The employee is solely responsible for his or her proper address being on record with the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationHospital.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except A. The word layoff means a reduction in cases of emergency, layoffs the working force due to a decrease of work, a lack of work funds or the elimination of a job function.
B. If a layoff becomes necessary, the following procedure will be mandatory: Temporary employees within a department will be laid off first; probationary employees within a department will be laid off next; then seniority employees within a department will be laid off according to seniority as defined in Article VII, Section 1. Seniority employees facing layoffs shall be able to "bump" into any equal or lower classification job, based on seniority, if they can perform the job satisfactorily.
C. In proper cases, exceptions to the layoff procedure may be made. Disposition of these cases will be a proper matter for reasons other than contracting out or mergers a special conference and if not resolved, it shall then be subject to the grievance procedure.
D. Employees to be laid off for an indefinite period of hospitals or services time shall have at least ten (10) calendar days "notice of hospitals will only take place after layoff." The local UNION'S Chief ▇▇▇▇▇▇▇ shall receive a list from the EMPLOYER of the employees affected and being laid off on or about the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with same date the notice notices are issued to the Union, the Employer and the Local shall meet to discuss the layoffsemployees.
20.02 E. When the working force is increased after a layoff the employee will be recalled according to seniority in reverse order of Article VII. Notice of recall shall be sent to the employee at his last known address by first class mail. If an employee is fails to be laid off, report within the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before from the layoff is to be effective. If date of mailing of the employee is not given the opportunity to work the scheduled work days during the term notice of notice recall, he shall be paid in lieu thereof for such days. The Hospital will meet with the Local considered to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining unitshave quit.
20.03 Subject F. In order to 20.04remain on the recall list, an employee must notify the personnel office, in writing, of his availability during the event month of a layoffJUly, employees shall be laid off in the reverse order of their hospital seniorityeach year.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the jobSection 1. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.Transfers
Appears in 1 contract
Sources: Master Agreement
Layoff and Recall. 20.01 Except in cases (a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services the Employer, (including budgetary restraints), the Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been given jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. During this meeting, the Parties will determine if the lay-offs are to be handled in accordance with Article 8.01 or 8.09.
(b) The basic principle in applying layoff to any regular employee shall be last hired, first laid off within the classification at the location affected provided the retained employee can perform the job. It is understood that employees either placed in a minimum vacancy or exercising bumping rights under Article 8.02 and 8.03 shall be governed by the following:
(i) Full-time regular employees are eligible for full-time or part-time regular positions. Part-time regular employees are eligible for part-time or casual positions.
(ii) Employees who are placed or who bump into a position are only eligible for such position if, in the opinion of the Employer, the employee is qualified or will be qualified within a reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' .
(c) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of intentservice or more) will be given to affected employees before the scheduled reduction takes place. In conjunction If the written notice is not given, pay in lieu will be provided.
(d) Employees so affected will be offered the following in the following order:
1. The employee may choose to bump a junior employee within the classification or accept placement in a vacancy in accordance with Article 8.02;
2. Failing the notice to the Unionabove, the Employer and the Local shall meet employee may choose to discuss the layoffs.
20.02 If bump in accordance with Article 8.03 or elect severance pay in accordance with Article 8.04. Regardless of whether an employee is placed in a vacancy or is allowed to be laid offbump, if after thirty (30) working days the employee is unsuccessful in the position, the hospital shall notify employee is eligible for a second position through the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectivemethods set out above. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees unsuccessful in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
second position after thirty (a30) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesworking days, the employee shall have be placed on the right to exercise his seniority recall list and will fall under the provisions of Article 8.06 and may elect severance in accordance with 20.04Article 8.04.
20.06 No new applicant shall be hired in a hospital in which there has been (e) The intent of this language is to minimize the effect of a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacanciesnotice on other bargaining unit employees.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except 15.01 A layoff is defined as a reduction in cases of emergency, layoffs due to lack of the work for reasons force (other than contracting out discharge for just cause) that results in the displacement of a full-time employee, or mergers a reduction in regular hours for a full-time employee to twenty-four (24) hours or less per week or one-thousand two-hundred and forty- eight (1,248) hours or less per year.
15.02 When the College decides to lay off employees, the College will first meet with the Union to outline the reason that layoffs are required. The College will notify the Union of hospitals or services of hospitals will only take place after the employees affected and the Local positions affected, once they have been given identified, before the affected employees are notified.
15.03 For the purpose of layoffs, the following factors shall be considered: qualifications; skills; ability; experience; and seniority. It is agreed that where these factors are relatively equal between employees, seniority shall govern. It is also agreed that probationary employees performing the work in question shall be the first to be laid off.
15.04 Where an employee who has completed her probationary period is to be laid off for more than thirteen (13) consecutive weeks, the College shall provide a minimum of thirty four (304) calendar days' notice weeks notice, or salary in lieu thereof, to such employee. For employees with five (5) or more years of intent. In conjunction with the notice to the Unioncontinuous service, the Employer and the Local shall meet to discuss the layoffs.notice, or salary in lieu thereof, will be provided as follows:
20.02 If 15.05 It is agreed that where an employee with seniority is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to she will be effective. If the employee is not given the opportunity to work accept the scheduled work days during the term of notice he shall layoff and be paid in lieu thereof for such days. The Hospital will meet with the Local placed on recall or accept an assignment to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and another position in the bargaining units.unit in accordance with the following sequence:
20.03 Subject to 20.04, a) To a vacant position in the event of same pay grade which she is qualified to perform without training. If there is no such position then;
b) The employee would be given the opportunity to identify to the College a layoff, employees shall be laid off position(s) in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is same pay grade or a lower pay grade held by an employee with less seniority;
(b) that such seniority which the employee claiming the job has sufficient qualifications is qualified to perform the jobwithout training. The Hospital shall not assess employee must identify such position(s) to the qualifications College within ten (10) working days after being given notice of layoff, failing which the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall will be deemed to have applied for such vacanciesforfeited any rights to bump a junior employee.
20.07 Unless c) If there is no position pursuant to a) or b) above, or if the employee was notified in writing at the time of hiring that the is offered and declines to accept a position was a temporary appointment:
(pursuant to a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(or b) the Hospital above, she shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationbe laid off.
20.08 Part15.06 Severance pay will be provided to employees with five (5) years or more of service on the basis of two (2) weeks pay for every year of service to a maximum of twenty-time six (26) weeks. An employee may choose between retaining recall rights and full-time employees who are laid-off receiving severance pay. If the employee chooses to retain recall rights in accordance with article 13.03, severance pay will be held by the Director, Employment Standards. The severance pay will be paid out to the employee when recall rights expire.
15.07 A recall is defined as a request to the employee to return to work when work is again available as outlined in Article 15.08.
15.08 a) Employees shall be offered casual and/or temporary employment during their period of placed on a recall by order of seniority provided they are available and were employed for that type of worklist as per Article 13.03.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;Accept the layoff; or
(b) that such Opt to receive a separation allowance as outlined in Article 9.12; or
(c) Opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan (HOOPP) as outlined in Article 9.08(B); or
(d) Displace another employee claiming who has lesser bargaining unit seniority in the job same or a lower or an identical paying classification in the bargaining unit if the employee originally subject to layoff has sufficient qualifications the ability to perform meet the normal requirements of the job. The An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article 9.08(a). An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital shall not assess of his or her intention to do so and the qualifications position claimed within seven (7) days after receiving the notice of layoff. For purposes of the operation of clause (d), an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee in an arbitrary manner. Such employees meeting is within 1% of the requirements under (b) above shall be given a reasonable period of laid off employee's straight time to demonstrate sufficient skill and ability to perform the jobhourly wage rate.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change (e) In the event that there are no employees with lesser seniority in the employee's dutiessame or a lower or identical-paying classification, the as defined in this article, a laid-off employee shall have the right to exercise his displace another employee with lesser seniority in a higher-paying classification provided they are able to meet the normal requirements of the job, with orientation but without additional training.
(f) In addition, in combined full-time/part-time collective agreements, a full- time employee shall also be entitled to displace another full-time employee with lesser seniority in a higher-paying classification provided that they are able to meet the normal requirements of the job, with orientation but without additional training, when there are no other full-time employees in the same or a lower or similar-paying classification with lesser seniority, prior to being required to displace a part-time employee.
(g) An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article 14.01, reduced, shall have the right to accept the layoff or displace another employee in accordance with 20.04(a) and (d) above.
20.06 (h) No full-time employee within the bargaining unit shall be laid off by reason
(i) In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08(a).
(j) The Hospital agrees to post vacancies during the recall period, as per the job posting procedure, allowing employees on recall to participate in the posting procedure. Should the position not be filled via the job posting procedure, an employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work.
(k) In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner.
(l) An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled.
(m) No new applicant employees shall be hired in a hospital in which there has been a layoff until all those laid off for less than eighteen (18) consecutive months have been given an opportunity for a jobto return to work and have failed to do so, for in accordance with the loss of seniority provision, or have been found unable to perform the work available.
(n) The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which they are qualified, under Article 31. Those qualified laid off employees notification shall be deemed to have applied for such vacancies.
20.07 Unless be received on the second day following the date of mailing). The notification shall state the job to which the employee was notified in writing is eligible to be recalled and the date and time at which the time of hiring that employee shall report for work. The employee is solely responsible for his or her proper address being on record with the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classificationHospital.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except
1. When reduction in cases of emergency, layoffs forces is necessary due to lack reasons of work economic necessity or organizational efficiency or decline in enrollments and/or school closings, employees shall be laid off in accordance with District seniority within the respective category of positions; that is, the employee with the least District seniority within the respective category of positions shall be laid off first, etc. In the selections of employees for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after layoff, the School District shall retain those employees with the greatest seniority provided they demonstrate that they are properly qualified and physically and otherwise able to effectively perform the available work.
2. Whenever any employee is to be laid-off the District shall notify the Union at least two months in advance. A written notice shall be given to the employees affected and the Local have been given a minimum of by registered mail, return receipt requested, at least thirty (30) calendar days' notice of intent. In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff end of the effective date of the reduction, together with a statement of honorable dismissal and the reason for the honorable dismissal.
3. Laid-off employees shall be recalled in accordance with seniority, that is, the employee with the greatest seniority shall be rehired first, provided they demonstrate that they are qualified to perform the duties of the job that is to be effectiveopen. When recalling laid-off employees, the School District will notify them by certified mail at the last known address. If such employees do not notify the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties school District within ten (10) calendar days from the mailing date of such notice that they will report for work on the date specified, or give reasonable and every reasonable effort will be made to provide continuing employment acceptable reasons for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04unavoidable delay beyond such time, in the event of a layoff, employees they shall be laid off in considered as having quit and all recall rights shall be terminated. If the reverse order of their hospital seniority.
20.04 An employee who person recalled is affected by work shortage in his department will be entitled to claim not readily available within a twenty-four (24) hour period, the job of another School District may recall the next employee in any department subject to the following conditions:
line. He (ashe) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall will be given a reasonable period minimum of time five (5) days' work, after which the previously recalled person could come in to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee shall have the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Negotiated Agreement
Layoff and Recall. 20.01 Except in cases (a) If a reduction of emergency, layoffs regular employees is necessary due to lack of work insufficient work, for reasons other than contracting out or mergers beyond the control of hospitals or services the Employer, (including budgetary restraints), the Employer shall meet with, and advise the Union of hospitals will only take place after the employees affected proposed reduction and the Local have been jobs affected as soon as possible and no reduction in staff shall occur until the following procedures are applied. The basic principle in applying layoff to any regular employee shall be last hired, first laid off provided the retained employee can perform the job.
(b) Not less than ten (10) working days written notice (twenty (20) working days for employees with five (5) years of service or more) will be given to affected employees before the scheduled reduction takes place. If the written notice is not given, pay in lieu will be provided.
(c) The Employer will endeavor to place regular employees so affected in other vacant positions within the Division or Employer for which, in the opinion of the Employer, they are qualified or will be qualified within a minimum reasonable period of training and orientation. Such period of orientation is not to exceed thirty (30) calendar working days' notice of intent. In conjunction with such cases the notice Union agrees to waive the Unionrequirement to post. Where placement in an equal level job in the employee’s Regional Transit Service Area is made available to an employee the employee shall not have any bumping rights under this Article, provided that the Employer and the Local shall meet to discuss the layoffsplacement would not require payment of moving expenses as outlined in Article 17.
20.02 If an 8.02 A regular employee who is subject to be laid offlayoff, the hospital shall notify the employee and the Localnot eligible for placement under 8.01(c), may elect to exercise his/her bumping rights, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If Regional Transit Service Area where the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to currently employed on the following conditionsbasis:
(a) that such other job is held by an An employee with less seniority;seniority in the same job classification, or failing that, either:
(bi) An employee with less seniority in a job which the employee subject to layoff held as a regular employee, or
(ii) Bumping is also allowed to an equal or lower group that such the displaced employee claiming has not previously held but which, in the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications opinion of the Employer, the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall is qualified or will be given qualified within a reasonable period of time training and orientation. Such period of orientation is not to demonstrate sufficient skill and ability exceed thirty (30) working days. If after thirty (30) working days the bump is unsuccessful the employee may choose a second bumping subject to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in above criteria. If the employee's dutiessecond bump is also unsuccessful after thirty (30) working days, the employee shall have be placed on the right recall list and will fall under the provisions of Article 8.06. This type of bumping is limited to the Service Area in which the employee is currently employed.
(c) Regular employees who are bumped under the foregoing provisions may in turn exercise his their seniority to bump other employees in accordance with 20.04this Article.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except in cases of emergency, layoffs due to lack of work for reasons other than contracting out or mergers of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. 15:01 In conjunction with the notice to the Union, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effective. If the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of a layoff, employees shall will be reduced in an inverse order of the Seniority List on which their names appear, provided there are more senior employees who can satisfactorily perform the work from which the junior employees are removed.
15:02 In the event of a layoff due to lack of work the Company agrees to give every employee who is to be laid off in one clear working days notice of such proposed layoff. This clause shall not apply if the reverse order employee’s failure to receive such notice is due to his/her absence from work on the day on which he/she would have otherwise received such notice, unless the absence is due to a scheduled lack of their hospital senioritywork day. In this circumstance the company must provide one clear working day notice.
20.04 An employee who is affected by work shortage in his department 15:03 No probationary employees will be entitled allowed to claim the job of another employee work while there is a layoff in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications effect, except if those on layoff are unwilling to perform the job. The Hospital shall not assess work in question or if in the qualifications opinion of management, they are incapable of performing the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the jobwork.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in 15:04 In the employee's duties, event of recalling employees from layoff the employee shall have recall will be based on the right to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available the senior employee can satisfactorily perform the work for which he/she is being recalled.
15:05 Any employee’s reinstatement after sick leave will be conditional on his/her supplying, when requested a certificate from a physician that he/she
15:06 The Company will schedule a number of towmotor drivers required for inventory and were employed then schedule additional help in order of department seniority.
15:07 In the event of a layoff, the Union Committee shall be notified in advance.
15:08 Once a layoff has been in effect for a minimum of one week, employees who run out of work may be transferred into a department to perform work normally performed by laid off employees provided that type the duration of workany one transfer is no longer than one shift.
Appears in 1 contract
Sources: Union Agreement
Layoff and Recall. 20.01 Except 2701 When a reduction in cases the working force becomes necessary, nurses will be laid off in reverse order of emergencyseniority within their occupational classification, layoffs due subject only to lack more senior nurses being qualified, competent and willing to perform the required work. 2702 Notice of work for reasons other than contracting out intention of layoff or mergers equivalent pay thereof shall be given by personal service or by registered mail to the nurse(s) concerned and a copy of hospitals or services of hospitals will only take place after the employees affected and the Local have been given a minimum of thirty (30) calendar days' notice of intent. In conjunction with the notice forwarded to the Union, the Employer and the Local . Notice shall meet be as follows: -- Layoffs of six (6) weeks or less - two (2) weeks notice; -- Layoffs of longer than six (6) weeks - four (4) weeks notice. A nurse who is on layoff shall not be entitled to discuss the layoffs.
20.02 If an employee is to be laid off, the hospital shall notify the employee and the Local, in writing, at least fourteen (14) calendar days before the notice of layoff is to be effective. If the employee is not given the opportunity when she/he comes back to work on an incidental basis. 2703 No layoff of full-time or part-time nurses shall occur when casual nurses are being employed, unless no full-time or part-time nurse on staff is qualified, competent and willing to fill the scheduled work days during the term of notice he position(s) in question. Notwithstanding Article 3402, additional available shifts shall be paid in lieu thereof for such daysoffered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the required work. The Hospital will meet with During the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten first three (103) calendar days of such notice and every reasonable effort will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event years of a layoff, employees the nurse on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular EFT commitment. During the period between three (3) to five (5) years, a laid off nurse may indicate availability for additional available shifts but will not receive preferential consideration over part-time nurses. Notwithstanding 1405, during the period between three (3) to five (5) years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not applicable to the base EFT of a term position occupied by a laid off in nurse. In the reverse order event the nurse accepts additional available shifts, the provisions of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will the Collective Agreement shall be entitled to claim the job of another employee in any department subject to the following conditionsapplicable, except as modified hereinafter:
(a) that such other job is held by an employee vacation pay shall be calculated in accordance with less seniority;section 2103 and shall be paid at the prevailing rate for the nurse on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay,
(b) that such employee claiming income protection accumulation shall be calculated as follows: Additional available hours worked by the laid-off nurse Entitlement X of Full-time Full-time hours Nurse
(c) in the event the layoff is longer than twenty-six (26) weeks, seniority shall be calculated in accordance with regular hours worked,
(d) the nurse shall be paid four point six two percent (4.62%) of the basic rate of pay in lieu of time off on Recognized Holidays. Such holiday pay shall be calculated on all paid hours and shall be included in each pay cheque,
(e) participation in benefit plans is subject to the provisions of each plan. Any period of time during the layoff when the nurse works additional available shifts or works in a term position shall not extend the five (5) year period referenced in Article 25. However, a nurse on layoff who agrees to work in a term position shall retain her/his right to be recalled into a permanent position while working in the term position. 2704 No new nurses will be hired when other nurses are on layoff except for reasons of a special skill requirement. 2705 All nursing job has sufficient qualifications vacancies, permanent and term, shall be posted in accordance with the terms of this agreement. Nurses on layoff shall be entitled to apply for these vacancies. 2706 Nurses shall be recalled in seniority order to available positions in equal or lower paid occupational classifications provided they are qualified to perform the jobrequired work. Such recall shall be made by registered mail or by personal service and shall provide for at least one (1) week's notice to report back to work. The Hospital nurses affected will contact the Senior Nursing Leader by telephone not later than four (4) days, excluding Saturdays, Sundays and Recognized Holidays following the notice of recall being delivered. Failure to notify as above shall not assess result in the qualifications nurse being placed last on the recall list. A nurse being placed last on the recall list who is subsequently recalled to work and who fails to report for duty as scheduled without valid reason shall have her/his employment terminated. 2707 In the event of the employee in a deletion of an arbitrary manner. Such employees meeting the requirements under (b) above occupied position, as much notice as possible shall be given to the incumbent who will be entitled to exercise her/his seniority rights, subject to her/his ability, performance and qualifications, to displace a reasonable nurse in a position of equal or lower classification. Any nurse thus displaced shall also be entitled to a like exercise of seniority rights. 2708 Laid off nurses shall be entitled to apply for nursing job vacancies other than those to which they have recall rights. Copies of job postings will be sent to the President of the Local during the period when any nurses are on layoff. 2709 Accumulated vacation entitlement shall be paid out at time of time layoff except where, prior to demonstrate sufficient skill and ability to perform the job.
20.05 When date of layoff, a Hospital arbitrarily assigns an employee to another department/facility, nurse has been awarded a term or to another permanent position which constitutes commences within four (4) weeks of date of layoff. 2710 Nurses who are absent from work due to a major change in the employee's duties, the employee leave of absence for any reason shall have the right to exercise his seniority be advised of layoff or deletion of their position in accordance with 20.04.
20.06 No new applicant this Agreement and shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which required to comply with all provisions of this Agreement except that they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack be expected to return to work prior to the expiry of work; and
(b) the Hospital shall not demote any employee for the sole purpose their leave of replacing him with an employee of a higher paid classificationabsence.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.
Appears in 1 contract
Sources: Collective Agreement
Layoff and Recall. 20.01 Except In the event of the curtailment of business or in cases the event of emergencychanged conditions which will cause a shortage of work, layoffs due the Local Union be given reasonable notice of the Employer’s intention to lack lay off regular employees or to schedule some of work them for reasons less than full time hours or for hours other than contracting out or mergers regular hours in lieu of hospitals or services layoff. This notice will permit discussion of hospitals will only take place after the employees affected problem and pro- vide an opportunity for either the Local have been given Union or the Em- ployer to make suggestions which could eliminate or reduce the extent of the layoff or short time situation anticipated, such as a minimum change in the system of thirty (30) calendar days off or additional paid vacation days' notice , in lieu of intentvacation bonus. In conjunction with the notice to the UnionFollowing such meeting, the Employer and the Local shall meet to discuss the layoffs.
20.02 If an employee is promptly ad- vise those employees who are likely to be laid offoff or sched- uled for short time or for other than regular hours. Where such curtailment of business or changed con- ditions are likely to cause layoff or short time work assign- ments for employees in several seniority groups covered by this Agreement, then the hospital Employer shall notify discuss the prob- lem with the Provincial Board.
(a) A regular employee who is scheduled for less than regu- lar hours or for assignments other than normal hours in a week must accept all reasonable short time work assignments in the seniority group unless: has filed a letter indicating that ▇▇- ▇▇▇▇▇▇ work for the period of the anticipated work shortage; in such cases will be deemed to have taken leave of absence and to have opted out of the Localuntil indicates by letter that is again available for short time work as- signments, or unless has filed a letter indicating that he/ she will accept limited work assignments only, specifying days and locations, and such an em- ployee must accept all reasonable short time work assignments for which has indicated that will be available, and with respect to any hours for which has indicated that is not available will be deemed to be on layoff, but not eligible for payments for those hours. An employee who has not filed such a letter is presumed to be available for all reasonable short time assignments within seniority group. An employee who refuses to accept or fails to report for a scheduled as- signment without reasonable excuse shall be struck off the schedule for the week, and will not be scheduled for any subsequent weeks until notifies the Em- ployer in writingwriting that will be available for rea- sonable short time work assignments, and until does so will be deemed on layoff but not eligi- ble for benefits under the A regular employee who is laid off shall be carried on the seniority list for a period equal to the seniority he/ she has accumulated at least fourteen (14) calendar days before the time the layoff is commences up to a maximum of two (2) years calculated from her last day at work. Regular employees who are scheduled to work any hours in any week will continue to be effectiveeligible for Weekly In- demnity coverage except that the benefit for a regular employee who has filed a letter indicating that will accept only limited work will be limited to an amount not in excess of of the hours for which has made available. If Employees who are laid off and who are not scheduled for any work in a week are not eligible for Weekly In- demnity payments during any such week. However, an employee already in receipt of Weekly Indemnity benefits before is actually laid off or scheduled for short time assignments will continue to draw benefits for the employee duration of illness or up to the maximum allowed by the Plan. An employee’s eligibility for personal leave and par- ticipation in the Weekly Indemnity and Long Term Dis- ability Plans ceases immediately upon lay off and is not given the opportunity reinstated upon recall to work and com- pletion of eight (8) hours’ work in the scheduled work days during Bargaining Unit. Notwithstanding the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet above, an employee with the Local to discuss the disposition of staff so affected. Discussion will commence between the parties within ten (10) calendar days or more years’ seniority who is laid off, and who, if recalled within two (2) weeks or less, is unable to re- port to work due to sickness or non-occupational acci- dent, shall be eligible for participation in the Weekly Indemnity and Long Term Disability Plans effective the date of such notice and every reasonable effort recall. When a vacancy is declared on a seniority list which is not otherwise filled, a regular employee on layoff or who has been scheduled for less than the regular work week will be made to provide continuing employment for employees in the hospital and in the bargaining units.
20.03 Subject to 20.04, in the event of offered a layoff, employees shall be laid off in the reverse order of their hospital seniority.
20.04 An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to transfer under the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting must have the requirements under ability and physical fitness for the position that is open; the employee must transfer voluntarily at own expense; the employee must accept the rate that is applicable to the vacancy; if a vacancy is not filled within seven (b7) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's dutiesdays, the employee com- pany shall have the right offer transfers to exercise his seniority in accordance with 20.04.
20.06 No new applicant shall be hired in a hospital in which there has been a layoff until those laid off for less than eighteen (18) consecutive months have been given employees from overstaffed areas on an opportunity for a job, for which they are qualified, under Article 31. Those qualified laid off employees shall be deemed to have applied for such vacancies.
20.07 Unless the employee was notified in writing at the time of hiring that the position was a temporary appointment:
(a) the Hospital shall not layoff any employee for any reason other than lack of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Part-time and full-time employees who are laid-off shall be offered casual and/or temporary employment during their period of recall by order of seniority provided they are available and were employed for that type of work.expanding geographic basis as follows: The same Union Local Neighbouring Union Locals Provincially
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff and Recall. 20.01 Except The Hospital shall give each employee in cases the bargaining unit who has acquired seniority and who is to be laid off for a period of emergencymore than eight weeks, layoffs due notice in writing his lay-off in accordance with the following schedule: year but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years but less than years' service years' service or more week's weeks ' weeks weeks' weeks weeks weeks weeks notice notice notice notice notice notice notice notice Such notice will be handed to lack the employee and a signed acknowledgement requested the employee is at work at the time the notice is ready for delivery. In the alternative, it shall be mailed by registered 'mail. An employee on layoff and recalled to a temporary position shall not be entitled to further notice of work for reasons other layoff. In the event of a proposed layoff of more than contracting out or mergers of hospitals or services of hospitals will only take place after eight weeks' duration, the employees affected and Hospital will: Provide the Local have been given a minimum of Union with no less than thirty (30) calendar days' days notice of intent. In conjunction such layoff, and meet with the notice Union through the Labour Management Committee to review the Union, following: the Employer reason causing the layoff the service the Hospital will undertake after the layoff the method of implementation including the areas of and the Local shall meet to discuss the layoffs.
20.02 If an employee is employees to be laid off. In the event of a substantial bed or in service, the hospital shall notify Hospital will provide the employee and the Local, in writing, at least fourteen (14) calendar days before the layoff is to be effectiveUnion with reasonable notice. If requested, the employee is not given the opportunity to work the scheduled work days during the term of notice he shall be paid in lieu thereof for such days. The Hospital will meet with the Local Union through the Labour Management Committee to discuss review the disposition reasons and expected duration of the bed or in service, any realignment service or staff so affected. Discussion will commence between the parties within ten (10) calendar days of such notice and every reasonable effort will be made to provide continuing employment for its effect on employees in the hospital and bargaining unit. In all other cases of lay-off, the Hospital shall give each employee in the bargaining units.
20.03 Subject to 20.04unit who has acquired seniority one week's notice, in provided however, such notice shall not be required the occurs because of emergencies (for example fire, act of God, power failure or equipment In the event of a layofflay-off, the Hospital shall lay off employees shall be laid off in the reverse order of their hospital seniority.
20.04 seniority within their providing that there remain on the job employees who then have the ability to the work. An employee who is affected by work shortage in his department will be entitled to claim the job of another employee in any department subject to the following conditions:
(a) that such other job is held by an employee with less seniority;
(b) that such employee claiming the job has sufficient qualifications to perform the job. The Hospital shall not assess the qualifications of the employee in an arbitrary manner. Such employees meeting the requirements under (b) above shall be given a reasonable period of time to demonstrate sufficient skill and ability to perform the job.
20.05 When a Hospital arbitrarily assigns an employee to another department/facility, or to another position which constitutes a major change in the employee's duties, the employee lay-off shall have the right to exercise either: Accept the lay-off or; Displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bar- gaining unit if the employee originally subject to lay-off can perform the duties of the lower or iden- tical classification without training other than orientation. Such employee so displaced shall be laid off subject to his or her rights under this section. The decision of the employee to choose (a) or above shall be given in writing to the designated Hospital representa- tive within working days (excluding Saturday, Sunday and Holidays) following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. An employee shall have opportunity of recall from a lay- off to an available opening, in order seniority provided he has the ability to perform the work, before such opening is on a regular basis under a job posting procedure. The posting procedure in accordance with 20.04.
20.06 the Collective Agreement shall not apply until the recall process has been completed. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. In determining the ability of an employee to perform the work for the purposes of Paragraphs and above, the Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classifica- tion from which he was laid shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new applicant employees shall be hired in a hospital in which there has been a layoff until all those laid off for less than eighteen (18) consecutive months have been given an opportunity for a job, for which they are qualified, under Article 31to return to work and have failed to notify the Hospital of ’their intention to do accord- ance with or have been found unable to perform the work available. Those qualified It is the sole responsibility of the employee who has been laid off employees to notify the Hospital his intention to return to work within five working days (exclusive of Saturdays, Sundays and paid Holidays) after being to do so by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to have applied for such vacancies.
20.07 Unless been received on the second day following the date of and to return to work within ten working days after being notified. The notification shall state the job to which the employee was notified in writing is eligible to be recalled and the date and time at which the time of hiring that employee shall report for work. The employee is solely responsible for his proper address being on record with the position was a temporary appointment:
(a) Hospital. Where the employee fails to notify the Hospital of his intention to return to work in accordance with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a lay-off commenced on the day immedi- ately following a paid holiday, an employee otherwise qualified for holiday pay shall not layoff any be disentitled thereto solely because of the day on which the lay-off commenced. A laid off employee shall retain the rights of recall for any reason other than lack a period eighteen months from the date of work; and
(b) the Hospital shall not demote any employee for the sole purpose of replacing him with an employee of a higher paid classification.
20.08 Partlay-time and off. No full-time employees who are laid-off employee within the bargaining unit shall be offered casual and/or temporary employment during their period laid by reason of recall by order of seniority provided they are available and were employed for that type of workduties being assigned to one or more part-time employees.
Appears in 1 contract
Sources: Collective Agreement