Common use of LAYOFFS & RECALLS Clause in Contracts

LAYOFFS & RECALLS. 19.01 In the event of a proposed layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide the Union with at least six (6) weeks’ notice. This notice is not in addition to required notice for individual employees. 19.02 In the event of a layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: (a) nine weeks’ notice in writing to the employee if her period of employment is nine years or more but less than ten years; (b) ten weeks’ notice in writing to the employee if her period of employment is ten years or more but less than eleven years; (c) eleven weeks’ notice in writing to the employee if her period of employment is eleven years or more but less than twelve years; (d) twelve weeks’ notice in writing to the employee if her period of employment is twelve years or more. (a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who have the ability and qualifications as required by law to perform the work. (b) An employee who is subject to lay-off shall have the right to either: (i) Accept they lay-off; or (ii) First bump an employee with less bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical classification without training other than orientation. (iii) Chain bumping, as noted above, will be allowed with the understanding that an employee subject to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.

LAYOFFS & RECALLS. 19.01 In the event of a proposed layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide the Union with at least six (6) weeks’ weeks notice. This notice is not in addition to required notice for individual employees. 19.02 In the event of a layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: (a) nine weeks’ week's notice in writing to the employee if her period of employment is nine years or more but less than ten years; (b) ten weeks’ week's notice in writing to the employee if her period of employment is ten years or more but less than eleven years; (c) eleven weeks’ week's notice in writing to the employee if her period of employment is eleven years or more but less than twelve years; (d) twelve weeks’ week's notice in writing to the employee if her period of employment is twelve years or more. (a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who have the ability and qualifications as required by law to perform the work. (b) An employee who is subject to lay-off shall have the right to either: (i) Accept they lay-off; or (ii) First bump an employee with less bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical classification without training other than orientation. (iii) Chain bumping, as noted above, will be allowed with the understanding that an employee subject to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.

LAYOFFS & RECALLS. 19.01 In Section 1: When the event of a proposed layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide the Union with at least six (6) weeks’ notice. This notice is not in addition to required notice for individual employees. 19.02 In the event of Employer determines that a layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: (a) nine weeks’ notice in writing to the employee if her period of employment job abolishment is nine years or more but less than ten years; (b) ten weeks’ notice in writing to the employee if her period of employment is ten years or more but less than eleven years; (c) eleven weeks’ notice in writing to the employee if her period of employment is eleven years or more but less than twelve years; (d) twelve weeks’ notice in writing to the employee if her period of employment is twelve years or more. (a) In the event of lay-offnecessary, the Employer shall first lay-off employees notify the least senior Employee(s) in the reverse affected job classification and the Union at least fourteen (14) calendar days in advance of the effective date of such layoff. If the Union requests, the parties shall meet to discuss the Employer’s action. Section 2: The Employer shall determine when a layoff will occur. Affected Employees will be laid off in accordance with their bargaining unit seniority. In the event that more than one Employee has the same date of hire, seniority will be determined by alphabetical listing of their last name with “A” being the highest and “Z” being the lowest in seniority on the initial date of hire. Section 3: If a layoff occurs, full-time Emergency Dispatchers may exercise their bargaining unit seniority to bump the least senior full-time call-taker. Affected full-time Employees may also bump part-time Employees in their own job classifications. Section 4: Employees who are laid off shall be placed on a recall list for a period of twelve (12) months. If there is a recall, Employees who are still on the recall list shall be recalled in the inverse order of their seniority within their classification, providing that there remain on the job employees who have the ability and qualifications as required by law to perform the worklayoff. Seniority will terminate after twelve (12) months. (b) An employee who is subject Section 5: Notice of recall shall be sent to lay-off the Employee by certified mail. The Employer shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail with a copy of such notice to be sent to the Union, return receipt requested, to the last mailing address provided by the Employee. Section 6: The recall Employee shall have seven (7) calendar days following the right to either: (i) Accept they lay-off; or (ii) First bump an employee with less bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties date of the lower receipt of the recall notice as received by the Union or identical classification without training other than orientationEmployee to notify the Employer of their intention to return to work. The Employee shall have three (3) additional days to report for duty unless a later date for returning to work is otherwise specified in the notice. (iii) Chain bumping, as noted above, will be allowed with the understanding that an employee subject to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.

LAYOFFS & RECALLS. 19.01 In a. For all employees, it is understood that a reduction in the event number of a proposed layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours does not constitute a layoff unless the employee has his/her hours reduced in excess of workfive (5) hours bi-weekly. Such a reduction shall be seen as a layoff. In all cases of layoff and recall from layoff, the Home will provide the Union with at least six (6) weeks’ notice. This notice is not in addition to required notice for individual employees. 19.02 In the event of a layoff of a permanent or long-term nature, which following factors shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as followsconsidered: i. Seniority; ii. Skill, efficiency and ability Where the factors in (b) are relatively equal in the judgment of the Employer, factor (a) nine weeks’ notice in writing to shall govern provided the employee if her period has the qualifications to perform the work in question. In determining the skill, efficiency and ability of employment is nine years or more but less than ten years; an employee to perform the work for the purposes of paragraph (b) ten weeks’ notice in writing to the employee if her period of employment is ten years or more but less than eleven years; (c) eleven weeks’ notice in writing to the employee if her period of employment is eleven years or more but less than twelve years; (d) twelve weeks’ notice in writing to the employee if her period of employment is twelve years or more. (a) In the event of lay-offabove, the Employer shall first lay-off not act in an arbitrary or unfair manner. The Union office shall receive advance notice of any such layoff and the names of the employees in the reverse order concerned. Copies of their seniority within their classification, providing that there remain each layoff notice will be given to a ▇▇▇▇▇▇▇ on the job employees who have same day as the ability and qualifications as required by law notice is delivered to perform the workaffected employee. (b) b. An employee who whose position is subject to lay-off layoff shall have the right at the employee’s option to either: (i) i. Accept they lay-offthe layoff or reduction; or (ii) First bump . Displace an employee with less in the bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification classification, provided the employee is qualified for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training training, other than orientation. An employee may only bump into a position which is equal or less in hours than their regularly scheduled position. (iii) Chain bumping, as noted above, will be allowed . Consistent with the understanding that an employee subject to layoff, who chooses opportunity to bump, must bump all employees who are potentially impacted will be given notice of layoff at the outset of the process. An employee will have five (5) calendar days following written notification to indicate their choice. Failure to indicate within the above time limits will be deemed to mean that the layoff or reduction is accepted. c. The Employer 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, notice in writing of her layoff in accordance with the Employment Standards Act. d. In determining the ability of an employee to perform the work for the purposes of paragraph (a) above, the Employer shall not act in an arbitrary or unfair manner. e. For short term layoffs, (one of less than thirteen (13) weeks duration) the Employer whenever possible, shall give seniority employees concerned as well as the Union, no less than one (1) week notice of the intention to lay off employees. Such notice will be included in any notice necessary should the layoff become long term. This provision shall override the posted work schedule. f. The following provisions shall apply to employees who have been laid off as provided in 15.01 (a) and (b) and who, as a result, are no longer in active employment with the Employer. i. All employees shall be recalled from a layoff to available openings before such opening is filled on a regular basis under a job posting procedure. ii. Such employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the layoff should it become vacant within six (6) months of being recalled iii. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Employer of their intention to do so, in accordance with (iv) below, or are unable to perform the work available in accordance with Article 15.01 (a). iv. It is the sole responsibility of the employee with less seniority who has scheduled hours equal been laid off to or less than notify the Employer of her intention to return to work within three (3) days (exclusive of Saturday, Sunday and paid holidays) after being notified to do so. Such notice may be by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the day of mailing). The notification shall state the job to which the employee laid off, subject is eligible to paragraph (vi) belowbe recalled and the date and time at which the employee shall report to work. The employee is solely responsible for her proper address being on record with the Employer.

LAYOFFS & RECALLS. ‌ 19.01 In the event of a proposed layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide the Union with at least six (6) weeks’ weeks notice. This notice is not in addition to required notice for individual employees. 19.02 In the event of a layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: (a) nine weeks’ week's notice in writing to the employee if her period of employment is nine years or more but less than ten years; (b) ten weeks’ week's notice in writing to the employee if her period of employment is ten years or more but less than eleven years; (c) eleven weeks’ week's notice in writing to the employee if her period of employment is eleven years or more but less than twelve years; (d) twelve weeks’ week's notice in writing to the employee if her period of employment is twelve years or more. (a) In the event of lay-off, the Employer shall first lay-off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who have the ability and qualifications as required by law to perform the work. (b) An employee who is subject to lay-off shall have the right to either: (i) Accept they lay-off; or (ii) First bump an employee with less bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification for which they are qualified, as required by law and can perform the duties of the lower or identical classification without training other than orientation. (iii) Chain bumping, as noted above, will be allowed with the understanding that an employee subject to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) below.

LAYOFFS & RECALLS. 19.01 In a. For all employees, it is understood that a reduction in the event number of a proposed layoff of a permanent or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours does not constitute a layoff unless the employee has his/her hours reduced in excess of workfive (5) hours bi-weekly. Such a reduction shall be seen as a layoff. In all cases of layoff and recall from layoff, the Home will provide the Union with at least six (6) weeks’ notice. This notice is not in addition to required notice for individual employees. 19.02 In the event of a layoff of a permanent or long-term nature, which following factors shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as followsconsidered: i. Seniority; ii. Skill, efficiency and ability Where the factors in (b) are relatively equal in the judgment of the Employer, factor (a) nine weeks’ notice in writing to shall govern provided the employee if her period has the qualifications to perform the work in question. In determining the skill, efficiency and ability of employment is nine years or more but less than ten years; an employee to perform the work for the purposes of paragraph (b) ten weeks’ notice in writing to the employee if her period of employment is ten years or more but less than eleven years; (c) eleven weeks’ notice in writing to the employee if her period of employment is eleven years or more but less than twelve years; (d) twelve weeks’ notice in writing to the employee if her period of employment is twelve years or more. (a) In the event of lay-offabove, the Employer shall first lay-off not act in an arbitrary or unfair manner. The Union office shall receive advance notice of any such layoff and the names of the employees in the reverse order concerned. Copies of their seniority within their classification, providing that there remain each layoff notice will be given to a ▇▇▇▇▇▇▇ on the job employees who have same day as the ability and qualifications as required by law notice is delivered to perform the workaffected employee. (b) b. An employee who whose position is subject to lay-off layoff shall have the right at the employee’s option to either: (i) i. Accept they lay-offthe layoff or reduction; or (ii) First bump . Displace an employee with less in the bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification classification, provided the employee is qualified for which they are qualified, as required by law and can perform the duties of the lower or identical paying classification without training training, other than orientation. An employee may only bump into a position which is equal or less in hours than their regularly scheduled position. (iii) Chain bumping, as noted above, will be allowed . Consistent with the understanding that an employee subject to layoff, who chooses opportunity to bump, must bump all employees who are potentially impacted will be given notice of layoff at the outset of the process. An employee will have five (5) calendar days following written notification to indicate their choice. Failure to indicate within the above time limits will be deemed to mean that the layoff or reduction is accepted. c. The Employer 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, notice in writing of her layoff in accordance with the Employment Standards Act. d. In determining the ability of an employee to perform the work for the purposes of paragraph (a) above, the Employer shall not act in an arbitrary or unfair manner. e. For short term layoffs, (one of less than thirteen (13) weeks duration) the Employer whenever possible, shall give seniority employees concerned as well as the Union, no less than one (1) week notice of the intention to lay off employees. Such notice will be included in any notice necessary should the layoff become long term. This provision shall override the posted work schedule. f. The following provisions shall apply to employees who have been laid off as provided in 15.01 (a) and (b) and who, as a result, are no longer in active employment with the Employer. i. All employees shall be recalled from a layoff to available openings before such opening is filled on a regular basis under a job posting procedure. ii. Such employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the layoff should it become vacant within six (6) months of being recalled iii. No new employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Employer of their intention to do so, in accordance with (iv) below, or are unable to perform the work available in accordance with Article 15.01 (a). iv. It is the sole responsibility of the employee with less seniority who has scheduled hours equal been laid off to or less than notify the Employer of her intention to return to work within three (3) days (exclusive of Saturday, Sunday and paid holidays) after being notified to do so. Such notice may be by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received on the second day following the day of mailing). The notification shall state the job to which the employee laid off, subject is eligible to paragraph (vi) belowbe recalled and the date and time at which the employee shall report to work. The employee is solely responsible for her proper address being on record with the Employer.

LAYOFFS & RECALLS. 19.01 In 16.1 The Employer shall notify the event of a proposed layoff of a permanent employee who is to be laid off or long-term natureterminated, according to The Ontario Employment Standards Act and Regulations, which shall include a permanent includes the following quoted Sub-Section 1 of Section 57 pertaining to layoff or long-term reduction termination of hours more than thirteen (13) weeks in an employee’s regularly scheduled hours any period of work, the Home will provide the Union with at least six twenty (620) weeks’ notice. This notice is not in addition to required notice for individual employees. 19.02 In Section 57 (1) No Employer shall terminate the event employment of a layoff of a permanent an Employee who has been employed for three months or long-term nature, which shall include a permanent or long-term reduction of hours in an employee’s regularly scheduled hours of work, more unless the Home will provide affected employees with notice in accordance with the Employment Standards Act. However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as followsEmployer gives: (a) nine weeks’ one weeks notice in writing to the employee Employee if his/her period of employment is nine less than one year; (b) two weeks notice in writing to the Employee if his/her period of employment is one year or more but less than three years; (c) three weeks notice in writing to the Employee if his/her period of employment is three years or more but less than ten four years; (bd) ten weeks’ four weeks notice in writing to the employee Employee if his/her period of employment is ten four years or more but less than eleven five years; (ce) eleven weeks’ five weeks notice in writing to the employee Employee if his/her period of employment is eleven five years or more but less than twelve six years; (df) twelve weeks’ six weeks notice in writing to the employee Employee if his/her period of employment is twelve six years or more but less than seven years; (g) seven weeks notice in writing to the Employee if his/her period of employment is seven years or more but less than eight years; (h) eight weeks notice in writing to the Employee if his/her period of employment is eight years or more; and such notice has expired". (a) In 16.2 For the event purposes of lay-off, the Employer shall first lay-off employees a layoff and recall to work following a layoff temporary Employees in the impacted job classification shall be laid off first. Thereafter, Employees in the impacted job classification shall be laid off in reverse order of their seniority within their classificationseniority, providing that there remain on the job employees who have the ability and qualifications as required by law is to perform the work. (b) An employee who is subject to lay-off shall have the right to either: (i) Accept they lay-off; or (ii) First bump an employee with less bargaining unit seniority within her bargaining unit (full time or part-time) in a lower or identical paying classification for which they are qualifiedsay, as required by law and can perform the duties of the lower or identical classification without training other than orientation. (iii) Chain bumping, as noted above, will be allowed Employees with the understanding that an employee subject least seniority shall be laid off first and called back to layoff, who chooses to bump, must bump the employee with less seniority who has scheduled hours equal to or less than the employee laid off, subject to paragraph (vi) belowwork last.