Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment. 14.2 When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concerned. 14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided: a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions. b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned. c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position. d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition. e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority. 14.4 When a temporary position of more than sixty (60) calendar days is to be abolished: i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off. 14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either: i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or, ii) to displace a junior employee in a lower rated classification. 14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located. 14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved. 14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Staff Reduction and Recall to Service. 14.1 15.1 When reducing forces, senior qualified employees with sufficient ability to do the work will be retained in employment.
14.2 15.2 When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' written notice prior to the abolishment, and copies a copy of the this notice shall be furnished to the President of the Local concerned with the reasons for the abolition of the position.
15.3 When a temporary position is to be abolished, the incumbent of the position shall be given ten (10) days' written notice prior to the abolishment, and Local Chairperson a copy of this notice shall be furnished to the President of the Local concerned.
14.3 15.4 When a permanent position is positions other than temporary positions are abolished, the permanent incumbent of that position, providing he has at least five employees with three (53) years' seniority, ’ or more seniority shall be retained in the employment of the Corporation Corporation, provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant Corporation positions either in or newly created position in the area of employment outside their local area, without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee Employees may be returned to their former positions from training positions.
c) Employees assigned to positions outside their local area will be entitled to removal expenses in accordance with the Corporation's Relocation Expenses Policy.
d) Employees assigned under (a) to a lower-rated position lower classifications shall retain his rate of paytheir salaries, but he they will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate their salaries until it equals these fall within the rate range of the position positions to which he has they have been assigned.
ce) An employee Employees who occupies a position occupy lower classifications under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
df) The employee Employees with five (5) years' seniority may decline an assignment under outside their local area, and they then may be assigned to any position of the Corporation in their local area, without bulletining the positions. Employees with less than five (a)5) years seniority may decline an assignment outside their local area, electing to displace a junior employee in accordance with Article 14.5, 15.5 without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolitiontheir salaries.
eg) The provisions of this Article article shall apply to employees displaced in accordance with (df) provided they have at least five (5) years' the stipulated years of seniority, except that a period of fifteen days will be allotted for the Corporation's notice of reassignment, and a subsequent fifteen days will be provided for the employee's response indicating his acceptance of the reassignment or the exercise of displacement rights.
14.4 When a temporary position of more than sixty (6015.5 a) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 An employee whose position is abolished, or who is displacedshall, shall if qualified, be entitled to exercise his seniority rights, rights provided he has the ability and he makes his choice within ten thirty (1030) days of notificationthe commencement of the three (3) months abolishment notice, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displacedabolished; or,
ii) to displace a junior employee in a lower lower-rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior qualified employees with sufficient ability to do the work will be retained in employment.
14.2 . When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' written notice prior to the abolishment, and copies a copy of the this notice shall be furnished to the President of the Local concerned with the reasons for the abolition of the position. When a temporary position is to be abolished, the incumbent of the position shall be given ten (IO) days' written notice prior to the abolishment, and Local Chairperson a copy of this notice shall be furnished to the President of the Local concerned.
14.3 . When a permanent position is positions other than temporary positions are abolished, the permanent incumbent of that position, providing he has at least five employees with three (53) years' seniority, or more seniority shall be retained in the employment of the Corporation Corporation, provided:
a) : Employees may be assigned and reassigned by the Corporation to any vacant Corporation positions either in or newly created position in the area of employment outside their local area, without bulletining the positions. In Employees may be returned to their former positions from training positions. Employees assigned to positions outside their local area will be entitled to removal expenses in accordance with the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee Corporation's Relocation Expenses Policy. Employees assigned under (a) to a lower-rated position lower classifications shall retain his rate of paytheir salaries, but he they will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate their salaries until it equals these fall within the rate range of the position positions to which he has they have been assigned.
c) An employee . Employees who occupies a position occupy lower classifications under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d. Employees with five (5) The employee years' seniority may decline an assignment under outside their local area, and they then may be assigned to any position of the Corporation in their local area, without bulletining the positions. Employees with less than five (a)5) years seniority may decline an assignment outside their local area, electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolitiontheir salaries. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' the stipulated years of seniority.
14.4 When , except that a temporary position period of more than sixty (60) calendar fifteen days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' allotted for the Corporation's notice of the abolition of his position; and
ii) the junior employee in the area of employment involvedreassignment, provided he has acquired seniority rights, and a subsequent fifteen days will be given at least ten (10) days' notice provided for the employee's response indicating his acceptance of the possibility reassignment or the exercise of his being laid offdisplacement rights.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 . When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President Chairperson and Local Chairperson an other Officer of the Local concerned.
14.3 Local. When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) : Employees may be assigned and reassigned re-assigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) . An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) . An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) . The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month Im)onth of the notice of abolition.
e) . The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 . When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the : The employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the , and The junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 . Copies of such notices shall be furnished to the Union local concerned. An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to : To displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; : or,
ii) to displace a junior employee in a lower rated classification.
14.6 , A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 . A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, increased and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, . Such employee shall be filled notified by recalling registered mail of the senior qualified date the Corporation wishes the employee on lay-off in the area of employment involved.
14.8 to report for work. A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 . When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concerned.
14.3 . When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) : Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) . An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) . An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) . The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) . The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 . When a temporary position of more than sixty (60) calendar days is to be abolished:
i) : the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) and the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10O) days' notice of the possibility of his being laid off.
14.5 . Copies of such notices shall be furnished to the union local concerned. An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (101O) days of notification, either:
i) : to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 , A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 . A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved.
14.8 . A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President Chairperson and Local Chairperson an other Officer of the Local concernedLocal.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned re-assigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-newly- created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5five-(5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the The employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; , and
ii) the The junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off. Copies of such notices shall be furnished to the Union local concerned.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to To displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower lower-rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, increased and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, . Such employee shall be filled notified by recalling registered mail of the senior qualified date the Corporation wishes the employee on lay-off in the area of employment involvedto report for work.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forcesIn instances of staff reduction, senior employees with sufficient ability to do the work not less than ten working days* advance notice will be retained in employment.
14.2 When a permanent position is given to regularly assigned employees whose positions are to be abolished, the permanent incumbent of the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concerned.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained except in the employment event of a strike or work stoppage by employees in the Corporation provided:
a) Employees railway industry, in which case, a shorter notice may be assigned and reassigned by the Corporation to given. The Local Chairman will be supplied with a copy of any vacant or newly created position notice in the area of employment without bulletining the positionswriting. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to dis may: displace a junior employee in accordance with Article 14.5his/her own seniority group, without retaining his level on a temporary or permanent position, or Such an employee shall forfeit his/her seniority if he/she does not notify the officer in charge and the Local Chairman, in writing, of pay, except that he must indicate his his/her choice in writing within two (2) months following notice ten calendar days from the date of abolitiondisplacement or abolition of his/her position. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees exercising his/her seniority on a temporary assignment. An employee completing or being displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When from a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to may displace a junior employee in any classification carrying on another temporary or permanent position for whose position he/she is qualified. apply to an employee hired on a temporary basis. When an employee is on leave of absence or vacation at the same job class (maximum rate) or annual rate of pay as the time his/her position is abolished or he/she is displaced, the time limits specified in Article will apply from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 A laid-the time he/she reports for duty. lose his/her seniority. In order that laid off employee who desires to return to the employment of the Corporation employees may be informed when work is available for himthem, must they shall keep the Regional Human Resources Officer concerned Superintendent of Train Operations, Manager Express Services and also the Director Purchasing informed of their address also the Local Chairperson concerned advised Chairman of his address in order that he may readily be located.
14.7 the seniority group. A laid-laid off employee shall, shall if qualified, be returned to employment the service in order of his seniority when staff is increased, and increased or when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, occur in his/her seniority group. Laid off employees shall be filled by recalling the senior qualified employee on lay-off in the area given preference of employment involved.
14.8 in filling new positions or vacancies in other than their own seniority groups when no qualified laid off employees are available in such groups. A laid-laid off employee who fails is employed elsewhere at the time he/she is notified to report for duty duty, may without of seniority, be allowed ninety days in which to report, providing: That other laid off employees in the same seniority group are available. That written application is made to his/her superior officer immediately on receipt of notification to resume duty, with copy to the day requiredNational Representative. Where written notice is given a laid off employee to return to work, or a copy of such notice shall be forwarded to give a satisfactory reason for not doing so by registered mail within twentythe National Representative.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces13.1 In instances of staff reduction, senior employees with sufficient ability to do the work four working days' advance notice will be retained in employment.
14.2 When a permanent position is given to regularly assigned employees whose positions are to be abolished, except in the permanent incumbent event of a strike or work stoppage by employees of the position shall Company, in which case a shorter notice may be given at least three (3) months' notice and copies given. The Local Union will be supplied with a copy of any notice.
13.2 In the event of reduction of staff, senior qualified employees will be retained. Employees laid off, or displaced, will, if qualified, have the right to exercise their seniority on their seniority territory.
13.3 When an employee's regular assignment is abolished while they are working on a temporary vacancy on completion of the notice shall temporary vacancy they will be furnished required to the President and Local Chairperson of the Local concernedexercise their displacement rights onto another regular assignment.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 13.4 A laid-off employee who desires to return to the employment of the Corporation service when work is available for him, them must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned their immediate supervisor advised of his their address and telephone number, in order that he they may be readily be located.
14.7 A laid-off 13.5 In the event of a reduction in staff, an employee unable to hold work in their own classification or group on their Income Security Eligibility Territory shall, within fifteen days, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified displace a junior employee on lay-off in the area of employment involved.next lower classification or group on their Income Security Eligibility Territory in which he has established seniority. After he has exhausted seniority rights on their eligibility territory, he may have the option of:
14.8 A (a) taking laid-off status on their eligibility territory or
(b) if qualified, displace a junior employee in the next lower classification or group in which he has established seniority on their basic seniority territory. An employee failing to exercise their seniority within 15 days, unless prevented by illness or other cause for which bona fide leave of absence has been granted, shall forfeit their seniority under this Agreement.
13.6 An employee, who is laid off on account of reduction in staff, and who is unable, in the exercise of seniority, to displace a junior employee on their own seniority territory in accordance with Article 13.5 may, within 30 days, seniority permitting:
(a) Displace the junior employee in the same seniority group from which laid off on the other seniority territory. An employee who fails elects to report for duty displace in accordance with the foregoing shall carry to the seniority territory to which he transfers only such seniority as he held in the classification from which he was laid off on the day required, or to give a satisfactory reason for not doing so by registered mail within twentytheir former seniority territory; or
(b) Elect laid-off status.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 Applicable to Groups I and III:
12.1 When reducing forces, senior as much advance notice as possible will be given the employees affected. Not less than four working days' advance notice will be given when regularly assigned positions are to be abolished, except in the event of a strike or a work stoppage by employees of the Company, in which case a shorter notice may be given. Senior employees with sufficient ability to do perform the work will be retained in employmentretained.
14.2 When a permanent position is to be 12.2 Employees whose positions are abolished, the or who are displaced, may displace junior employees on their seniority territory on temporary or permanent incumbent of the position shall be given assignments which they are qualified to fill or after exhausting their seniority rights at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concernedtheir home terminal, protect spare work at their terminal or at any terminal at which previously laid-off or displaced providing work is available at such point.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. 12.3 In the application of Article 12.2, employees must make their choice in writing within 10 days and if they fail to do so shall forfeit their seniority and their names shall be removed from the seniority list. A regularly assigned employee displaced from a permanent position while occupying a temporary assignment shall only be required to exercise seniority on completion of the temporary or subsequent temporary assignments. An employee will not be permitted to withdraw a displacement notice made under this article, Article 12.3 after it has been accepted by the Corporation Company. If a displacement notice is rejected by the Company the employee will make all reasonable efforts be permitted to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positionspresent another displacement notice.
b) An employee assigned under (a) 12.4 Employees who elect to displace junior employees shall forfeit their seniority and their names shall be removed from the seniority list if they fail or refuse to commence work on the permanent assignment chosen within 30 calendar days of making the choice, or within 5 calendar days of making the choice to a lower-rated temporary assignment. Employees completing or being displaced from temporary positions may displace junior employees on other temporary or permanent positions for which qualified.
12.5 Employees who are protecting spare work at the location at which they were displaced shall forfeit their seniority if they fail or refuse to apply for a bulletined position shall retain his rate at such location or if on eight hours' notice they fail or refuse to report for duty when called unless prevented from doing so by reason of pay, but he will receive subsequent general increases in the form illness or other cause for which leave of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he absence has been assignedor is granted. The foregoing provisions will also apply to employees hired on a temporary basis at the conclusion of such temporary vacancy or subsequent temporary vacancies.
c) An employee who occupies 12.6 Senior employees allowed to displace junior employees shall receive a position under the terms full explanation of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the positionposition and must demonstrate the ability to perform the work within a reasonable probationary period up to thirty working days, the length of time dependent upon the character of the work. Any extension of time beyond thirty working days shall be locally arranged. The provisions of Article 11.1 (1) may be applied in cases when an employee is not allowed to displace.
d) The employee 12.7 Employees who have exercised seniority in accordance with this Article and fail to show necessary qualifications for the position chosen will be required to vacate such position. They may decline an assignment under (a), electing to again displace a junior employee in accordance with Article 14.5for whose position it is considered they are qualified. Employees originally displaced, without retaining his level of payand other employees displaced as a direct consequence thereof, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolitionshall return to their former positions.
e) 12.8 The provisions of time limits set forth in this Article shall will apply to employees displaced in accordance an employee who is on leave of absence or vacation at the time of displacement, from the date the employee reports for duty.
12.9 Employees who fail to comply with (d) provided they have at least five (5) years' Articles 12.4 or 12.5 because of illness, or other cause for which leave of absence has been granted, shall not lose their seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 . When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' ’ notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concerned.
14.3 . When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' ’ seniority, shall be retained in the employment of the Corporation provided:
a) : Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) . An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) . An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) . The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) . The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' ’ seniority.
14.4 . When a temporary position of more than sixty (60) calendar days is to be abolished:
i) : the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' ’ notice of the abolition of his position; and
ii) and Copies of such notices shall be furnished to the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice President and Local Chairperson of the possibility of his being laid off.
14.5 Local concerned. An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) : to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 1 contract
Sources: Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 When a permanent position is to be abolished, the permanent incumbent of the position (1) Lay-off shall be given at least three (3) months' notice and copies of the notice shall be furnished done by classification according to the President and Local Chairperson of the Local concerned.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) following: An employee assigned under (a) to in a lower-rated position shall retain his rate of payparticular job classification who is laid off and who has more seniority than an employee in another classification, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The such employee may decline an assignment under (a), electing to displace a the more junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolishedother classification, provided he has acquired seniority rightsthe skill, will be given at least ten (10) days' notice ability and experience to immediately perform the required functions of the abolition of his position; and
ii) work done by the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid offless senior employee.
14.5 (2) An employee whose position is abolished, or who is displaced, displaced shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace his/her seniority group displacing a junior employee in any classification carrying if capable of performing the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classificationwork.
14.6 (3) A laid-laid off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, shall be returned to employment work, assuming that his/her lay-off has not exceeded twelve (12) calendar months, in order of his seniority seniority, when staff is increased, or when a vacancy occurs if he/she is capable of performing the work and when vacancies occur, provided that temporary vacancies has not expected to last been laid off for more than twenty-five twelve (2512) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involvedcalendar months.
14.8 (4) A laid-laid off employee who fails to report for duty on the day requiredduty, or to give a satisfactory reason reason, in writing, for not doing so by registered mail so, within twentyfive (5) working days from the date of notification, shall forfeit his/her seniority rights; and his/her name shall be removed from the seniority list.
(5) An employee who has completed one year of continuous service and who has not been laid off for more than one (1) calendar year, shall be given preference in filling new positions or vacancies assuming that (a) no other employee with one
(1) years’ continuous service has been laid off (b) he/she is capable of performing all of the requirements of the position.
(6) Nothing in the above shall be interpreted to allow a temporary employee to exercise seniority over a regular employee.
(7) If there is a layoff or termination of temporary unionized employees due to a shortage of work, a minimum of one weeks notice (7 calendar days), or at the discretion of the Region five (5) days pay in lieu of notice, will be given to the affected employees as a notice of lay off.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces7.1 In instances of staff reduction, senior employees with sufficient ability to do the work not less than ten (10) working days' advance notice will be retained in employment.
14.2 When a permanent position is given to regularly assigned employees whose positions are to be abolished, except in the permanent incumbent event of a strike or work stoppage by employees in the position shall railway industry, in which case, a shorter notice may be given at least three (3) months' given. The Local President/Unit Chairperson will be supplied with a copy of any notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concernedin writing.
14.3 When a permanent 7.2 An employee whose position is abolished, the abolished or who is displaced from his/her permanent incumbent of that position, providing he has provided he/she is qualified to perform the work, may:
(a) displace a junior employee in his/her own seniority group on a temporary or permanent position, or
(b) after exhausting his/her seniority rights at least his/her own station or terminal, he/she may elect to protect spare and relief work at his/her present station or terminal or any station or terminal at which he/she had previously been laid off or displaced. The number of employees protecting spare or relief work in any seniority group at any one point shall not exceed one such employee for every five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the established positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position does not elect option (b) and has exhausted all rights under the terms of option (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being considered as laid off.
14.5 An . Such an employee whose position is abolishedshall forfeit his/her seniority if he/she does not notify the officer in charge and the Local President/Unit Chairperson, or who is displacedin writing, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his of his/her choice within ten (10) calendar days from the date of notification, either:displacement or abolition of his/her position.
i) 7.3 An employee who has signified his/her intention to displace a junior employee shall forfeit his/her seniority and his/her name shall be removed from the seniority list if he/she fails or refuses to commence work on the regularly assigned position he/she has chosen within twenty (20) calendar days of making his/her choice, or within five (5) calendar days of exercising his/her seniority on a temporary assignment. An employee completing or being
7.4 An employee who has elected to remain available for spare work shall be removed from the seniority list if he/she fails to apply for a bulletined position for which qualified, or has previously worked at the station or terminal where that employee remained available for spare work, or if he/she refuses to report for local work for which qualified, or has previously performed upon eight (8) hours’ notice to do so. This provision will also apply to an employee hired on a temporary basis.
7.5 When an employee is on leave of absence or vacation at the time his/her position is abolished or he/she is displaced, the time limits specified in any classification carrying Article 7.3 will apply from the same job class (maximum rate) time he/she reports for duty.
7.6 An employee who fails to comply with Articles 7.3 or annual rate 7.4 because of pay as illness, or other cause for which leave of absence has been granted, shall not lose his/her seniority.
7.7 An employee who has exercised his/her seniority in accordance with Article 7.2 will be given a full explanation of the duties of the position abolished or from which displaced; or,
iiand necessary on-the-job training, up to fifteen (15) working days. Failing then to show the necessary qualifications for the position he/she has chosen, he/she will be required to vacate such position. He/she may again displace a junior employee. The employee in he/she originally displaced and other employees displaced as a lower rated classificationdirect consequence, thereof, shall return to their former positions.
14.6 A laid-7.8 In order that laid off employee who desires to return to the employment of the Corporation employees may be informed when work is available for himthem, must they shall keep the Regional Director of Human Resources Officer concerned and informed of their address - also the Local President/Unit Chairperson concerned advised of his address in order that he may readily be locatedthe seniority group.
14.7 7.9 A laid-laid off employee shall, if qualified, be returned to employment the service in order of his seniority when staff is increased, and increased or when vacancies occuroccur in his/her seniority group.
7.10 Laid off employees shall be given preference of employment in filling new positions or vacancies in other than their
7.11 A laid off employee who is employed elsewhere at the time he/she is notified to report for duty may, provided without loss of seniority, be allowed ninety (90) days in which to report providing:
(a) that temporary vacancies it is definitely known that the duration of the work will not expected to last more than twenty-five exceed ninety (2590) days, shall be filled by recalling the senior qualified employee on lay-.
(b) that other laid off employees in the area of employment involvedsame seniority group are available.
14.8 (c) that written application is made to his/her superior officer immediately on receipt of notification to resume duty, with copy to the Local President/Unit Chairperson. A laid-laid off employee who fails to report for duty on the day requiredduty, or to give a satisfactory reason reasons for not doing so by registered mail within twentyten (10) days from date of notification, shall forfeit his/her seniority rights under this schedule, and his/her name shall be struck off the seniority list. Where written notice is given a laid off employee to return to work, a copy of such notice shall be forwarded to the Local President/Unit Chairperson.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 . When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' ’ notice and copies of the notice shall be furnished to the President Chairperson and Local Chairperson an other Officer of the Local concerned.
14.3 Local. When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' ’ seniority, shall be retained in the employment of the Corporation provided:
a) : Employees may be assigned and reassigned re-assigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) . An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) . An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) . The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) . The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' ’ seniority.
14.4 . When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the : The employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' ’ notice of the abolition of his position; and
ii) the , and The junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' ’ notice of the possibility of his being laid off.
14.5 . Copies of such notices shall be furnished to the President and Chairperson of the Local. An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to : To displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) , to displace a junior employee in a lower lower-rated classification.
14.6 . A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Manager, Human Resources Officer concerned Services and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 . A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, increased and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, . Such employee shall be filled notified by recalling registered mail of the senior qualified date the Corporation wishes the employee on lay-off in the area of employment involved.
14.8 to report for work. A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 1 contract
Sources: Collective Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces7.1 In instances of staff reduction, senior employees with sufficient ability to do the work not less than ten (10) working days' advance notice will be retained in employment.
14.2 When a permanent position is given to regularly assigned employees whose positions are to be abolished, except in the permanent incumbent event of a strike or work stoppage by employees in the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concerned.railway
14.3 When a permanent 7.2 An employee whose position is abolished, the abolished or who is displaced from his/her permanent incumbent of that position, providing he has provided he/she is qualified to perform the work, may:
(a) displace a junior employee in his/her own seniority group on a temporary or permanent position, or
(b) after exhausting his/her seniority rights at least his/her own station or terminal, he/she may elect to protect spare and relief work at his/her present station or terminal or any station or terminal at which he/she had previously been laid off or displaced. The number of employees protecting spare or relief work in any seniority group at any one point shall not exceed one such employee for every five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the established positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position does not elect option (b) and has exhausted all rights under the terms of option (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being considered as laid off.
14.5 An . Such an employee whose position is abolishedshall forfeit his/her seniority if he/she does not notify the officer in charge and the Local President/Unit Chairperson, or who is displacedin writing, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his of his/her choice within ten (10) calendar days from the date of notification, either:displacement or abolition of his/her position.
i) 7.3 An employee who has signified his/her intention to displace a junior employee in any classification carrying shall forfeit his/her seniority and his/her name shall be removed from the same job class seniority list if he/she fails or refuses to commence work on the regularly assigned position he/she has chosen within twenty (maximum rate20) calendar days of making his/her choice, or annual rate within five (5) calendar days of pay as the exercising his/her seniority on a temporary assignment. An employee completing or being displaced from a temporary position abolished or from which displaced; or,
ii) to may displace a junior employee in a lower rated classificationon another temporary or permanent position for whose position he/she is qualified.
14.6 A laid-off 7.4 An employee who desires has elected to remain available for spare work shall be removed from the seniority list if he/she fails to apply for a bulletined position for which qualified, or has previously worked at the station or terminal where that employee remained available for spare work, or if he/she refuses to report
7.5 When an employee is on leave of absence or vacation at the time his/her position is abolished or he/she is displaced, the time limits specified in Article 7.3 will apply from the time he/she reports for duty.
7.6 An employee who fails to comply with Articles 7.3 or 7.4 because of illness, or other cause for which leave of absence has been granted, shall not lose his/her seniority.
7.7 An employee who has exercised his/her seniority in accordance with Article 7.2 will be given a full explanation of the duties of the position and necessary on-the-job training, up to fifteen (15) working days. Failing then to show the necessary qualifications for the position he/she has chosen, he/she will be required to vacate such position. He/she may again displace a junior employee. The employee he/she originally displaced and other employees displaced as a direct consequence, thereof, shall return to the employment of the Corporation their former positions.
7.8 In order that laid off employees may be informed when work is available for himthem, must they shall keep the Regional Director of Human Resources Officer concerned and informed of their address - also the Local President/Unit Chairperson concerned advised of his address in order that he may readily be locatedthe seniority group.
14.7 7.9 A laid-laid off employee shall, if qualified, be returned to employment the service in order of his seniority when staff is increased, and increased or when vacancies occuroccur in his/her seniority group.
7.10 Laid off employees shall be given preference of employment in filling new positions or vacancies in other than their own seniority groups when no qualified laid off employees are available in such groups.
7.11 A laid off employee who is employed elsewhere at the time he/she is notified to report for duty may, provided without loss of seniority, be allowed ninety (90) days in which to report providing:
(a) that temporary vacancies it is definitely known that the duration of the work will not expected to last more than twenty-five exceed ninety (2590) days, shall be filled by recalling the senior qualified employee on lay-.
(b) that other laid off employees in the area of employment involvedsame seniority group are available.
14.8 (c) that written application is made to his/her superior officer immediately on receipt of notification to resume duty, with copy to the Local President/Unit Chairperson. A laid-laid off employee who fails to report for duty on the day requiredduty, or to give a satisfactory reason reasons for not doing so by registered mail within twentyten (10) days from date of notification, shall forfeit his/her seniority rights under this schedule, and his/her name shall be struck off the seniority list. Where written notice is given a laid off employee to return to work, a copy of such notice shall be forwarded to the Local President/Unit Chairperson.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces7.1 In instances of staff reduction, senior employees with sufficient ability to do the work not less than ten (10) working days' advance notice will be retained in employment.
14.2 When a permanent position is given to regularly assigned employees whose positions are to be abolished, except in the permanent incumbent event of a strike or work stoppage by employees in the position shall railway industry, in which case, a shorter notice may be given at least three (3) months' given. The Local President/Unit Chairperson will be supplied with a copy of any notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concernedin writing.
14.3 When a permanent 7.2 An employee whose position is abolished, the abolished or who is displaced from his/her permanent incumbent of that position, providing he has provided he/she is qualified to perform the work, may:
(a) displace a junior employee in his/her own seniority group on a temporary or permanent position, or
(b) after exhausting his/her seniority rights at least his/her own station or terminal, he/she may elect to protect spare and relief work at his/her present station or terminal or any station or terminal at which he/she had previously been laid off or displaced. The number of employees protecting spare or relief work in any seniority group at any one point shall not exceed one such employee for every five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the established positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position does not elect option (b) and has exhausted all rights under the terms of option (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being considered as laid off.
14.5 An . Such an employee whose position is abolishedshall forfeit his/her seniority if he/she does not notify the officer in charge and the Local President/Unit Chairperson, or who is displacedin writing, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his of his/her choice within ten (10) calendar days from the date of notification, either:displacement or abolition of his/her position.
i) 7.3 An employee who has signified his/her intention to displace a junior employee shall forfeit his/her seniority and his/her name shall be removed from the seniority list if he/she fails or refuses to commence work on the regularly assigned position he/she has chosen within twenty (20) calendar days of making his/her choice, or within five (5) calendar days of exercising his/her seniority on a temporary assignment. An
7.4 An employee who has elected to remain available for spare work shall be removed from the seniority list if he/she fails to apply for a bulletined position for which qualified, or has previously worked at the station or terminal where that employee remained available for spare work, or if he/she refuses to report for local work for which qualified, or has previously performed upon eight (8) hours notice to do so. This provision will also apply to an employee hired on a temporary basis.
7.5 When an employee is on leave of absence or vacation at the time his/her position is abolished or he/she is displaced, the time limits specified in any classification carrying Article 7.3 will apply from the same job class (maximum rate) time he/she reports for duty.
7.6 An employee who fails to comply with Articles 7.3 or annual rate 7.4 because of pay as illness, or other cause for which leave of absence has been granted, shall not lose his/her seniority.
7.7 An employee who has exercised his/her seniority in accordance with Article 7.2 will be given a full explanation of the duties of the position abolished or from which displaced; or,
iiand necessary on-the-job training, up to fifteen (15) working days. Failing then to show the necessary qualifications for the position he/she has chosen, he/she will be required to vacate such position. He/she may again displace a junior employee. The employee in he/she originally displaced and other employees displaced as a lower rated classificationdirect consequence, thereof, shall return to their former positions.
14.6 A laid-7.8 In order that laid off employee who desires to return to the employment of the Corporation employees may be informed when work is available for himthem, must they shall keep the Regional Director of Human Resources Officer concerned and informed of their address - also the Local President/Unit Chairperson concerned advised of his address in order that he may readily be locatedthe seniority group.
14.7 7.9 A laid-laid off employee shall, if qualified, be returned to employment the service in order of his seniority when staff is increased, and increased or when vacancies occuroccur in his/her seniority group.
7.10 Laid off employees shall be given preference of employment in filling new positions or vacancies in other than
7.11 A laid off employee who is employed elsewhere at the time he/she is notified to report for duty may, provided without loss of seniority, be allowed ninety (90) days in which to report providing:
(a) that temporary vacancies it is definitely known that the duration of the work will not expected to last more than twenty-five exceed ninety (2590) days, shall be filled by recalling the senior qualified employee on lay-.
(b) that other laid off employees in the area of employment involvedsame seniority group are available.
14.8 (c) that written application is made to his/her superior officer immediately on receipt of notification to resume duty, with copy to the Local President/Unit Chairperson. A laid-laid off employee who fails to report for duty on the day requiredduty, or to give a satisfactory reason reasons for not doing so by registered mail within twentyten (10) days from date of notification, shall forfeit his/her seniority rights under this schedule, and his/her name shall be struck off the seniority list. Where written notice is given a laid off employee to return to work, a copy of such notice shall be forwarded to the Local President/Unit Chairperson.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' notice and copies of the notice shall be furnished to the President Chairperson and Local Chairperson another Officer of the Local concernedLocal.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned re-assigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-newly- created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5five-(5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the The employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; , and
ii) the The junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off. Copies of such notices shall be furnished to the Union local concerned.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to To displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower lower-rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, increased and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, . Such employee shall be filled notified by recalling registered mail of the senior qualified date the Corporation wishes the employee on lay-off in the area of employment involvedto report for work.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 1 contract
Sources: Collective Agreement
Staff Reduction and Recall to Service. 14.1 13.1 As much advance notice as possible will be given employees affected when reducing forces.
13.2 When reducing forces, forces senior employees with sufficient ability to do the work will be retained in employmentretained.
14.2 When a permanent 13.3 Employees whose positions are abolished or ones who are displaced may exercise their rights under the qualifications and seniority provisions of paragraph 12.1 to any position is to be abolishedin their seniority territory. Employees exercising seniority in accordance with this Article shall, within the permanent incumbent five calendar days (excluding vacation days or while on authorized leave of absence) preceding the effective date of the abolishment of their position or displacement, make their choice in writing, and must commence work on the position of their choice within 30 calendar days, failing which they shall forfeit their seniority and their names shall be given at least three (3) months' notice and copies removed from the seniority list, unless they have been granted an authorized leave for vacation or a bona fide sickness attested to by a physician. The 30 calendar days may be increased by mutual consent between the Regional Representative of the notice shall Association and the Superintendent. Employees exercising their seniority under the provisions of this Paragraph must displace or exercise seniority onto a regular position and only thereafter will such employees be furnished allowed to take temporary vacancies and/or temporary positions/ assignments. Note 1: In the President and Local Chairperson application of the Local concerned.
14.3 When a permanent position is abolished, the permanent incumbent second sentence of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. paragraph Note 2: In the application of this articleparagraph 13.3, the Corporation will make all reasonable efforts employees unable to train senior employees whose positions are abolished in order to permit hold work on their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee seniority district may decline an assignment under (a), electing to displace a junior employee assigned to the special branch from their seniority district. If, however, such employees are not suitable for work in accordance with Article 14.5the special branch, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of Company may appoint another suitable employee from the notice of abolitionseniority district for the special branch.
e) 13.4 The provisions of this Article shall paragraph 13.3 will apply to employees displaced in accordance with (d) provided they have who are on leave of absence at least five (5) years' senioritythe time of displacement or abolishment of their positions from the expiry date of such leave of absence.
14.4 When a temporary position of more than sixty (60) calendar days is to 13.5 To be abolished:
i) the employee whose position is to be abolishedeligible for recall, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, employees must keep the Regional Human Resources Officer concerned and Superintendent of CN Police of the Local Chairperson concerned advised seniority district on which they are employed informed of his address in order that he may readily be locatedtheir current addresses.
14.7 A laid13.6 Laid-off employee employees shall, if qualified, be returned to employment service in order of his seniority when the staff is increased, and increased or when vacancies occuroccur in their seniority district.
13.7 Laid-off employees who are not working for the Company must accept recall for any work within the CN Police and, non-scheduled positions, on their seniority district where a vacancy exists. A laid-off employee may refuse recall to a position, without loss of employment, provided that temporary vacancies not expected to last more than twenty-five (25) daysanother junior, shall be filled by recalling the senior qualified employee on laylaid-off in employee is available. Employees recalled to temporary non-scheduled positions away from their home location will be entitled to the area provisions of employment involvedAddendem 8.
14.8 13.8 A laid-off employee who fails to report for duty on the day requiredafter receiving notification by registered letter, or who fails to give a satisfactory reason for not doing so within five calendar days of the date of such notification, shall forfeit his/her seniority rights and his/her name shall be removed from the seniority list.
13.9 During periods of layoff, employees may be required to accept recall for CN Police related training as directed by registered mail within twentythe Company or they will sever their employment relationship with the Company.
13.10 Subject to the provisions of paragraph 22.1, two years after being laid off, employees who have not been recalled will have their benefits terminated. After three years, such employees will be removed from the seniority list and their employment relationship with the Company will end.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work will be retained in employment.
14.2 When a permanent position is to be abolished, the permanent incumbent of the position shall be given at least three (3) months' ’ notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concerned.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' ’ seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (aunder(a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' ’ seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the The employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10IO) days' ’ notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10IO) days' ’ notice of the possibility of his being laid off. Copies of such notices shall be furnished to the President and Local Chairperson of the Local concerned.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10IO) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower lower-rated classification.
14.6 A laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Manager, Human Resources Officer concerned Services and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee shall, if qualified, be returned to employment in order of his seniority when staff is increased, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involved.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty (20) days from the date of notification, shall forfeit his seniority rights and his name shall be struck off the applicable seniority list. The fact that a laid-off employee is employed elsewhere shall be a satisfactory reason for not reporting for duty where:
i) the position is a temporary one and it is definitely known that its duration will not exceed ninety (90) days;
ii) other laid-off employees in the same seniority group are available, and,
iii) written application is made to the Manager, Human Resources Services immediately upon receipt of notification to report.
14.9 An employee covered by this Agreement whose name has been continued on the seniority list for two (2) years or more, and who is on lay-off for more than twenty-four (24) consecutive months, shall forfeit his seniority rights and his name shall be struck off the applicable seniority list; other employees covered by this Agreement whose names have not been continued on the seniority list for two (2) years or more, and who are on lay-off for more than twelve (12) consecutive months, shall forfeit their seniority rights and their name shall be struck off the applicable seniority list.
14.10 If a position is transferred from one area of employment to another area of employment in the same Region, the employee affected will be allowed to move with the position or exercise his seniority as provided for in Article 14.5. Employees who move with their position under this provision may be paid removal expenses as provided for in Article 15.5.
14.1 1 Part-time char-staff shall not be displaced and may only exercise their seniority by bulletin, except within there own group. Should they exercise their seniority by bulletin, they will only be permitted to return to the char-staff group by bulletin.
Appears in 1 contract
Sources: Collective Agreement
Staff Reduction and Recall to Service. 14.1 Applicable to Groups I and III:
12.1 When reducing forces, senior as much advance notice as possible will be given to the employee(s) affected. Not less than four working days' advance written notice will be given when regularly assigned positions are to be abolished, except in the event of a strike or a work stoppage by employees of the Company, in which case a shorter notice may be given. A copy of such notice will be provided to the Union. Senior employees with sufficient ability to do perform the work will be retained in employmentretained.
14.2 When a permanent position is to be 12.2 Employees whose positions are abolished, the or who are displaced, may displace junior employees on their seniority territory on temporary or permanent incumbent of the position shall be given assignments which they are qualified to fill or after exhausting their seniority rights at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concernedtheir home terminal, protect spare work at their terminal or at any terminal at which previously laid-off or displaced providing work is available at such point.
14.3 When a permanent position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. 12.3 In the application of Article 12.2, employees must make their choice in writing within 10 days and if they fail to do so shall forfeit their seniority and their names shall be removed from the seniority list. A regularly assigned employee displaced from a permanent position while occupying a temporary assignment shall only be required to exercise seniority on completion of the temporary or subsequent temporary assignments. An employee will not be permitted to withdraw a displacement notice made under this article, Article 12.3 after it has been accepted by the Corporation Company. If a displacement notice is rejected by the Company the employee will make all reasonable efforts be permitted to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positionspresent another displacement notice.
b) An employee assigned under (a) 12.4 Employees who elect to displace junior employees shall forfeit their seniority and their names shall be removed from the seniority list if they fail or refuse to commence work on the permanent assignment chosen within 30 calendar days of making the choice, or within 5 calendar days of making the choice to a lower-rated temporary assignment. Employees completing or being displaced from temporary positions may displace junior employees on other temporary or permanent positions for which qualified.
12.5 Employees who are protecting spare work at the location at which they were displaced shall forfeit their seniority if they fail or refuse to apply for a bulletined position shall retain his rate at such location or if on eight hours' notice they fail or refuse to report for duty when called unless prevented from doing so by reason of pay, but he will receive subsequent general increases in the form illness or other cause for which leave of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he absence has been assignedor is granted. The foregoing provisions will also apply to employees hired on a temporary basis at the conclusion of such temporary vacancy or subsequent temporary vacancies.
c) An employee who occupies 12.6 Senior employees allowed to displace junior employees shall receive a position under the terms full explanation of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the positionposition and must demonstrate the ability to perform the work within a reasonable probationary period up to thirty working days, the length of time dependent upon the character of the work. Any extension of time beyond thirty working days shall be locally arranged. The provisions of Article 11.1 (1) may be applied in cases when an employee is not allowed to displace.
d) The employee 12.7 Employees who have exercised seniority in accordance with this Article and fail to show necessary qualifications for the position chosen will be required to vacate such position. They may decline an assignment under (a), electing to again displace a junior employee in accordance with Article 14.5for whose position it is considered they are qualified. Employees originally displaced, without retaining his level of payand other employees displaced as a direct consequence thereof, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolitionshall return to their former positions.
e) 12.8 The provisions of time limits set forth in this Article shall will apply to employees displaced in accordance an employee who is on leave of absence or vacation at the time of displacement, from the date the employee reports for duty.
12.9 Employees who fail to comply with (d) provided they have at least five (5) years' Articles 12.4 or 12.5 because of illness, or other cause for which leave of absence has been granted, shall not lose their seniority.
14.4 When 12.10 Laid-off employees must register their names, addresses and to a temporary position maximum of more than sixty (60) calendar days is two telephone contact numbers in writing, at time of layoff with their immediate supervisor and their local representative, and indicate if they are prepared to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid offaccept work outside their terminal or outside their Income Security Eligibility Territory.
14.5 An employee whose position is abolished, or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classification.
14.6 A laid12.11 Laid-off employee who desires to return to the employment of the Corporation when work is available for him, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order that he may readily be located.
14.7 A laid-off employee employees shall, if qualified, be returned recalled to employment service in order of his seniority when staff is increaseda vacancy in the seniority group remains unfilled after having been bulletined. Employees, and when vacancies occur, provided that temporary vacancies not expected to last more than twenty-five (25) daysrecalled from layoff, shall be filled notified by recalling the senior qualified employee on lay-off in the area of employment involvedtelephone.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
Appears in 1 contract
Sources: Collective Bargaining Agreement
Staff Reduction and Recall to Service. 14.1 When reducing forces, senior employees with sufficient ability to do the work 16.1 Not less than four working days’ advance notice will be retained in employment.
14.2 When a permanent position is given to the employees affected when regularly assigned positions are to be abolished, except in the permanent incumbent event of a strike or a work stoppage by employees in the position shall railway industry, in which case a shorter notice may be given at least three (3) months' notice and copies of the notice shall be furnished to the President and Local Chairperson of the Local concernedgiven.
14.3 When (i) Employees affected by a staff reduction shall exercise their seniority to occupy a permanent or temporary position is abolished, the permanent incumbent of that position, providing he has at least five (5) years' seniority, shall be retained in the employment of the Corporation provided:
a) Employees may be assigned and reassigned on their Region or by the Corporation to any vacant or newly created position in the area of employment without bulletining the positions. In the application of this article, the Corporation will make all reasonable efforts to train senior employees whose positions are abolished in order to permit their assignment to vacant or newly-created positions where the rate of pay is the closest to that of their abolished positions.
b) An employee assigned under (a) to a lower-rated position shall retain his rate of pay, but he will receive subsequent general increases in the form of a lump sum at year-end without affecting his rate until it equals the rate of the position to which he has been assigned.
c) An employee who occupies a position under the terms of (a) shall be deemed to bid on future bulletined positions, provided it is not higher-rated than his abolished position and he is able to fulfill the duties of the position.
d) The employee may decline an assignment under (a), electing to displace displacing a junior employee in accordance with Article 14.5, without retaining his level of pay, except that he must indicate his choice in writing within two (2) months following notice of abolition. The Corporation will specify the proposed assignment within one (1) month of the notice of abolition.
e) The provisions of this Article shall apply to employees displaced in accordance with (d) provided they have at least five (5) years' seniority.
14.4 When a temporary position of more than sixty (60) calendar days is to be abolished:
i) the employee whose position is to be abolished, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the abolition of his position; and
ii) the junior employee in the area of employment involved, provided he has acquired seniority rights, will be given at least ten (10) days' notice of the possibility of his being laid off.
14.5 An employee whose position is abolished, their group or who is displaced, shall be entitled to exercise his seniority rights, provided he has the ability and he makes his choice within ten (10) days of notification, either:
i) to displace a junior employee in any classification carrying the same job class (maximum rate) or annual rate of pay as the position abolished or from which displaced; or,
ii) to displace a junior employee in a lower rated classificationseniority group. If they elect to displace in a lower seniority group, they must displace to a permanent position and shall forfeit their seniority in all higher groups than the one in which they elected to displace. When the permanent assignment of employees filling a temporary assignment is abolished or filled by a senior employee in the exercise of displacement rights, they must declare the permanent position on which they will exercise their displacement rights. Employees who have exhausted their displacement rights in their classifications will be permitted to fill a bulletined position in the next lower classification until an appointment is made. Such employees will be required to exercise their displacement rights if a more senior employee bids the position, otherwise they will be appointed to fill the position. Similarly, employees affected by a staff reduction will be permitted to fill a bulletined permanent vacancy in their own classification until the appointment is made. Such employees will be required to exercise their displacement rights if a more senior employee bids the position, otherwise they will be appointed to fill the position.
14.6 (ii) Employees shall forfeit their seniority if they do not notify the officer in charge and the Local Representative in writing of their choice within 10 calendar days of the date notified of displacement or abolition of their position.
(iii) Unless otherwise mutually agreed by the employee affected and his or her immediate superior, an employee who has given notice of intent to displace a junior employee shall forfeit his or her seniority and his or her name shall be removed from the seniority list if he or she fails to or refuses to commence work on the position he or she has chosen within 20 calendar days of making the choice. An employee who is unable to hold work on his or her Region shall be laid off.
16.2 Employees reduced to a lower seniority group through staff reduction shall continue to accumulate seniority in the group or groups from which reduced. Such employees must return in order of seniority to advertised permanent positions in such higher group or groups or forfeit seniority in such higher group or groups. Such employees will be given preference in order of seniority in filling temporary positions or temporary vacancies in such higher seniority group or groups, but failure to accept same will not result in forfeiture of seniority.
16.3 Employees laid off on account of reduction in forces shall be returned to the service in order of seniority. Employees desiring to avail themselves of this rule must file their names and addresses with the proper officer. Employees who have performed no service under this Agreement during the preceding calendar year, may be removed from the seniority list by agreement between the System General Chairman and the General Supervisor - Engineering or appropriate officer. Employees must report for duty within seven days of notification by registered mail or they will be considered as having severed their employment relationship. Employees who have responded to recall may have up to 30 days to report for duty if they have a satisfactory reason for so doing. Such employees will be eligible to take the next vacancy but will not have the right to displace the employee who accepted the recall.
16.4 A laid-off employee who desires is working elsewhere when recalled may, without loss of seniority, elect to return decline to the employment recall to vacancies or positions of the Corporation when work is available for himless than 45 days, must keep the Regional Human Resources Officer concerned and the Local Chairperson concerned advised of his address in order provided that he may readily be located.
14.7 A another laid-off employee shallin the same classification is available and written application is made to the recalling officer within three days of receiving the notification to resume duty.
16.5 CN employees must exercise all their seniority rights at CN in accordance with the applicable collective agreement and face layoff before being able to displace NQISL employees.
16.6 NQISL employees must exercise all their seniority rights at the NQISL in accordance with the applicable collective agreement and face layoff before being able to displace CN employees.
16.7 Laid-off employees must keep the appropriate officer advised of their address and telephone number, if qualified, be returned to employment in order of his seniority when staff is increasedthat they may be readily located. In order to be recalled, and when vacancies occur, provided that temporary vacancies not expected employees must have paid their assessment directly to last more than twenty-five (25) days, shall be filled by recalling the senior qualified employee on lay-off in the area of employment involvedUnion.
14.8 A laid-off employee who fails to report for duty on the day required, or to give a satisfactory reason for not doing so by registered mail within twenty
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Sources: Memorandum of Agreement