Common use of and Recall Clause in Contracts

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the work

Appears in 1 contract

Samples: Part Time

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and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification paying classification in the bargaining unit ifthe if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hours of work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (IO) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the five-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. (a) In the event of layoff, the Hospital shall lay off em- ployees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article off. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employeeemploy- ee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this articleArticle, a laid-laid off employee will have the rightto right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service ice corresponding to that of the laid off employee is within of the laid-laid off employee's straight-straight time hourly rate. An employee who is subject to layoff rate provided he can perform the duties without training other than a layoff of a permanent or long-term nature orientation. Such employee so dis- placed shall have the right to accept the layoff or displace another employee in accordance with (a) and abovebe laid off. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective col- lective agreement shall not apply until the recall process proc- ess has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the work.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 2; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification paying classification in the bargaining unit ifthe if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. For the purpose of this agreement, a lay-off shall be defined as an action taken by the Employer which results in a temporary cessation of employment, except during normal annual facility maintenance in pools which shall not exceed three weeks per year and seasonal programme breaks, excluding pools, which shall not exceed four weeks per year, or on a permanent closing of a facility which results in the cessation of The Employer will notify employees one week prior to a lay-off, provided that the employee has completed his/her probationary period. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in not completed the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall probationary period will not be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laidlay-off employee have under the rightto displace another employee with lesser seniority who is of this Agreement. the least senior employee in the classification and where the straight-time hourly rate at the level scope of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available openingthis Agreement, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No no new employees shall will be hired until all those laid employees who have been laid-off have been given an opportunity of and Recall In the event of a lay-off, employees will be laid-off in the reverse order of their seniority, within their own classification. In the event of a lay-off, employees will be given the opportunity, within the bargaining unit, to return to work and have failed to do so, in accordance bump any employee with the of less seniority provision, either within their program or have been found unable within their own facility providing they are able to perform the workwork available. Employees so bumped may similarly exercise their rights as set out above. Employees on lay-off shall be recalled in the order of their seniority within classification, facility or former program on a bargaining unit wide basis, providing they able to perform the work available. It is the responsibility of every employee to notify the Employer promptly of address and telephone number. If an employee fails to make this notification to the Employer, the Employer shall not be responsible for the failure of notice of recall to the employee. Normally, upon being laid-off, an employee shall be notified of his/her date of recall, In the event that this date is moved forward, the employee(s) shall be notified by registered mail with copies sent to the Union.

Appears in 1 contract

Samples: Collective Agreement

and Recall. a) In the event of lay-off, the Hospital shall lay in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of layoff pursuant who is subject to maylay-off shall have the right to either: accept the layoff; or to receive a separation allowance as outlined in or opt to retirelay-off, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification paying classification in the bargaining unit ifthe if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article NOTE: An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this articleArticle, a laid-laid off employee will have the rightto right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid-laid off employee's straight-straight time hourly rate. An employee who is subject to layoff rate provided he can perform the duties without training other than a layoff orientation. Such employee so displaced shall be laid off. The decision of a permanent or long-term nature shall have the right employee to accept the layoff or displace another employee in accordance with choose (a) or above, shall be given in writing to the designated hospital representative within ten working days (excluding Saturday, Sunday and aboveHolidays) the notification of lay- off. Employees failing to do so will be deemed to have accepted lay-off. An employee shall have the opportunity of recall from a layoff lay-off to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job ajob posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the workARTICLE JOB SECURITY

Appears in 1 contract

Samples: negotech.labour.gc.ca

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification classification in the bargaining unit ifthe if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article ; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification classification in the bargaining unit ifthe if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall classificationshall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's ’s straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10)working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article Retraining

Appears in 1 contract

Samples: Part Time

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 9.12; or opt to retire, if eligible under the terms of the Hospitals of Hospitalsof Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit bargainingunit seniority in the same or a lower or an identical-payingclassification paying classification in the bargaining unit ifthe if the employee originally subject to layoff has the ability to meet the normal requirements of requirementsof the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the exercisethe right to displace another displaceanother employee with lesser seniority lesserseniority shall advise the Hospital of his or her intention to intentionto do so and the position claimed within seven (71 7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where includeany classificationwhere the straight-time hourly wage hourlywage rate at the level of levelof service corresponding to correspondingto that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with employeeswith lesser seniority in the inthe same or a lower or identical-paying classificationpayingclassification, as defined in this article, a laid-off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to correspondingto that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature including a full time employee whose hoursof work are, subject to Article reduced, shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from opportunityof recallfrom a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process untilthe recallprocess has been complete. In determining the determiningthe ability of an employee to employeeto perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to recalledto work in a different classification from classificationfrom which he or she was laid off shall have the privilege of returning to returningto the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on recordwith the Hospital (which notificationshall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his or her proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be requiredto accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the notice period provided for in Article 9.08."

Appears in 1 contract

Samples: Collective Agreement

and Recall. In the event of layoff, the Hospital shall layoff employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has perform the ability to meet the normal requirements of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven off. (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within one of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. shall notify the employee of recall opportunity by mail, addressed to the last address on record with the (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. reason full-time employee within the bargaining unit shall be laid off of his/her duties being assigned to one or more part-time Hospital undertakes to notify the Union in advance, so far as practicable, of any changes which the Hospital has to introduce which will significantly change the status of employees within the bargaining unit. any, Hospital agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to practical ways and means of the adverse affect, upon employees concerned. new or greater skills are required than are already possessed by affected employees under the present methods of operation, such shall be given a period of training, with due consideration being given to the employee's age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer assume the cost of tuition and travel. There shall no reduction in wage or salary rates during the training period of any such employee. Training shall be given the hours of whenever possible and may extend for up to six months. with one or more years of continuous service who are A under conditions referred to above, be I of the impending change in employment status at the earliest reasonable time in keeping with the notification to the , set forth and requirements of the applicable The Hospital shall not contract out any work usually performed by members of the bargaining unit if, as a result of such contracting a layoff of any employees other than casual part-time employees results from such contracting out. Contracting out to an who is and who will employ the employees of the unit who would otherwise be laid off with similar terms and conditions of employment is not a breach of this provision.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An In the case of a lay-off, Temporary Employees, if any, and then Probationary Employees be laid off first plant wide, with the exception of skilled tradespersons whose services are mutually deemed to be essential for the efficient operation of the Company. Laid off employees will be allowed to replace more junior employees in other departments provided the employees exercising such rights are able and willing to do the job. Employees who exercise these rights would do so for the period of lay-off only and their security in the original department would not be affected. Except in the case of extreme emergency, the Company will give permanent employees who are to be laid off notice on the bulletin boards three (3) working days prior to lay-off. If the employee is on leave of absence, or absent through sickness or on Worker’s Compensation at the time of lay-off, the employee shall be subject to the lay-off provisions the same as if were on active status. Any employee who is laid off or continues to be laid off in receipt violation of seniority must present a claim, in writing, to the Human Resources Department within three (3) working days from the date of notice of layoff pursuant to may: accept the layoff; or to receive a separation allowance as outlined in or opt to retiresuch employee’s lay-off, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced otherwise it shall be deemed to have been that compensation for time lost arising out of any wrongful lay-off is waived. The Company will promptly determine the merits of written claim and if it is found that the lay-off was unjust the affected employee will receive their straight time lost during such lay-off. When rehiring takes place in any department, the reverse of Section will be followed (i.e. laid off and shall permanent employees will be entitled to notice recalled in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser order of their seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage ratedepartment). In the event that there additional employees are no required by that department, then permanent laid off employees with lesser holding seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee department will be recalled in the classification order of their seniority. Permanent employees recalled to work in another department will not transfer their seniority rights to the department in which they are recalled except as provided for in Section Employees who hold top departmental seniority pursuant to Article and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-who are laid off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, will be recalled in order of seniority. Notification of recall shall be made by registered mail to the last address which the employee shall have recorded with the Company, provided he or she has and the ability to perform Recording Secretary of the work before such opening is filled on a regular basis under a job posting procedureUnion shall be notified thereof. The posting procedure in It shall be the collective agreement shall not apply until responsibility of the recall process has been complete. In determining the ability of an employee to perform keep the work for the purposes Company notified of the paragraphs above, the Hospital shall not act their mailing address in an arbitrary or unfair manner. An employee recalled to work order that may be contacted within seventy-two (72) hours as provided in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the workSection SECTION

Appears in 1 contract

Samples: negotech.labour.gc.ca

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; When a permanently established is displaced or to receive a separation allowance as outlined in or opt to retireposition is must, if eligible under seniority entitles thereto, displace the terms junior permanently established or the junior temporarily established or, at hidher option, work spare. When a temporarily established is displaced, or position is abolished, must, if hidher seniority entitles thereto, displace the junior temporarily established or work spare. affected by the operation of Articles and must make application to Manager of Passenger Train Services within five days of notification or forfeit the right to displace established and the Manager will, upon such application, advise affected what positions they are entitled to. If a permanent position is abolished, the who last held same, if in the service and available, will retain exclusive right to that position if reopened within two years. This is not intended to give such protection in former position in preference to senior who may have been reduced from other positions and have not been appointed to other permanent In case the number of working in any office is reduced, the or who have bid in positions, or junior permanent will in the order named, first be dispensed with, and the remaining in such office shall, to seniority take their choice of the Hospitals remaining positions. This does not apply to positions of Ontario Pension Plan Swing working less than full time in that office. A Swing or a Swing a combination of such positions) whose position is affected by a portion of swing being discontinued or changed will have the option of continuing the position as outlined changed without being bulletined, or exercising seniority as provided in Article 18.02When a portion of the swing on two positions is being discontinued, resulting in Seniority and of The right of promotion of will extend over the railway, and will be governed by merit and ability; these being sufficient the senior to have preference. The order of promotion in dispatching will be from senior Relieving to and from Trick to Chief The seniority of an will date from the time starts work as such, unless by own takes another position in the service, under which circumstances seniority will date from the time last starts work as except as provided in Regular unassigned must work as when their seniority entitles them to same or displace another employee who has lesser bargaining unit forfeit their seniority in dispatching service. will retain their senior among the same or a lower or an identical-payingclassification on the railway. If they have not worked in the bargaining unit ifthe employee originally subject capacity of to layoff has their appointment to the ability to meet position of they will not be placed or accumulate seniority on the normal requirements of the jobSeniority list. An employee so displaced shall will be deemed to have been laid off and shall be entitled to notice appointed, if available, in accordance with Article applying for bulletined vacancies in positions of Relief will be qualified or disqualified within two weeks. If disqualified (that is, not material) is to be returned to position and not paid for the time occupied in training up to two weeks. If at the end of two weeks the applicant is as satisfactory material, may be up to a month as a training period and paid at the terminal 2nd trick rate for that period. It may follow that in some cases, for instance in offices where there are two or more sets of that a longer training period is necessary, but any time in excess of one month in learning the work of under a trick must be on the employee's own time and without pay. An employee who chooses reduced from the ranks of permanent will be entitled to exercise the right relief work in preference to a Spare at the office where last held a permanent position, and in the event of no relief work being available in such office, will be entitled to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to junior Spare that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available openingnot days, in order of seniority, provided he or she has their established A be their to may be days the ability to perform the work before such opening is filled and when on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the worktheir ARTICLE

Appears in 1 contract

Samples: negotheque.travail.gc.ca

and Recall. An employee The Company shall, in receipt its sole discretion, determine when the layoff or recall of notice employees is necessary. When the Company decides to layoff or recall employees, it shall layoff employees in reverse order of seniority and recall employees in order of seniority provided that the employees remaining after a layoff pursuant and the employees being recalled, as the case may be, have the necessary skill, ability, experience, competence and qualifications to may: accept the layoff; or available work. Notwithstandingthe foregoing, the Company may layoff employees for periods of up to receive a separation allowance five (5) working days as outlined it deems appropriate in or opt its sole discretion and without regard to retire, if eligible under the terms seniority of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit employees. The Unit Chairperson and Stewards shall, however, have super seniority within classification in the same event of a layoff. This provision can only be applied when a department and or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements contract of the jobemployers operation has been forced to cease for a period of not more than five (5) days, requiring those employees to be temporarily laid off. This provision shall not be used to lay off without a curtailment of a portion of the employer’s operation. An employee so that is being displaced as a result of a reduction in the work force shall be deemed required to have fill any open position or any temporary positions that hasn’t been laid off and shall be entitled to notice in accordance with Article An filled by a senior employee who chooses to exercise on the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoffshift that they are currently working. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that If there are no employees with lesser not open positions, then the employee may exercise their seniority in on their own shift first starting from the same or a lower or identical-paying classification, as defined in this article, a laid-off lowest seniority employee on that shift providing they have the rightto displace another employee with lesser seniority who is the least senior employee in the classification necessary skill and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform that job. Should there be no junior employee on that shift the work before such opening is filled on a regular basis under a job posting procedure. The posting above procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity repeated on another shift or elect to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the worktake a voluntary lay-off.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt a) In the event of notice of layoff pursuant to may: accept layoff, the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority Hospital shall lay off employees in the same or a lower or an identical-payingclassification in reverse order of their seniority within their classification, providing that there remain on the bargaining unit ifthe employee originally subject to layoff has job employees who then have the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rateperformthe work. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to either: accept the layoff layoff; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in accordance with a classification in the bargaining unit if the employee originally to layoff can performthe duties of the classification without training other than orientation. Such employees so displaced shall be laid off. The of the employee to choose or above shall be given in writing to the designated hospitalrepresentativewithin ten (a10) working days (excluding Saturday, Sunday and aboveHolidays) following the notification of layoff. Employees failing to do will be deemed to have accepted the layoff. Where the Employer finds !he ability required to perform the available work is equivalent among employees in different classifications, it will observe their bargaining unit-wide seniority in making layoffs and recalls from layoff. An employee shall have opportunity of recall be recalled from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work openings before such opening is filled on a regular basis under a job posting procedure. The posting procedure in Such recall shall be on the collective agreement shall not apply until basis of his seniority provided he then has the recall process has been completeability to perform the work. In determining the Indeterminingthe ability of an employee to employeeto perform the work for the purposes of the paragraphs purposesof Paragraphs and above, the Hospital Employer shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees employee shall be hired until all those laid off have been given an opportunity to return to returnto work and have failed to the Employer of their intention to do so, in accordance with the of seniority provisionbelow, or have been found unable to perform the work available. it is the sole responsibility of the employee who has been laid off to notify the Employer of his intentiin to return to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notifiedto do so by registered mail, addressed to the address on record with the Employer (which notification shall be deemed to have been received on the day following the date of mailing) and to to work within ten (10)working days after being The notification shall state the job to the employee is eligible to be recalled and the date and time at which the employee shall for work. The employee is solely responsible for his proper address being on with the Employer. Where the employee fails to notify the Employer or to return to work in with the provisions of Paragraph he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced.

Appears in 1 contract

Samples: Office Clerical Unit

and Recall. An employee in receipt of notice of layoff pursuant to may: accept (a) Whenever the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms work force departments of the Hospitals Employer having employees covered by this agreement is to be reduced, employees shall be laid off first and if more layoffs are implemented, the procedure shall One seniority per department shall be prepared and maintained which will show each employee's date of Ontario Pension Plan as outlined hire and also the employee's accumulated seniority. The accumulated seniority on such list shall determine the order of layoff, the employee with the least accumulated seniority the first to be laid off. If there is to be a reduction of work force a sub unit, the employee with the least accumulated seniority in Article 18.02; or displace another that sub unit shall be the first to be laid off. Provided, however, that the employee who has lesser bargaining unit with the least seniority in the same sub affected may displace an employee in another sub unit who has seniority if the more senior employee is able and willing to the work performed by the more junior employee. It Is that if the more senior employee Is qualified to perform the work, he or she will be allowed a lower period of orientation to acquire the necessary ability and efficiency. In the event of a layoff of a Registered Technologist in Diagnostic imaging, the least senior Registered Technologist will be subject to layoff regardless of whether or an identicalnot such employee is assigned to In each of the and departments, the employee's accumulated seniority shall determine the order of layoff. The employee with the least accumulated seniority will be the to be laid Off. No full-payingclassification time employee within the bargaining unit shall be laid off by reason of full-time duties assigned to one (1) part-time employees. in all cases with respect to the layoff procedure contained herein, a part-time employee will not be entitled to displace a full-time employee. In returning to work, the last employee laid off within the department (or sub unit) shall be the employee to be recalled providing they have the qualifications and abilities required to performthe job. The Employer agrees to supply seniority lists of all employees within each of the departments covered by this Agreement, and to post said lists every (6) months, namely on the 15th of January and July in each year, where they will be accessible to the members of the Union. of these seniority lists shall be mailed to the Union on such dates or soon thereafter. Said seniority in the case of all employees, shall contain the names of all employees the bargaining unit who are regularly employed on a schedule of not less than (15) hours per week. Such lists shall include the employee's name, date of hire, accumulated seniority hours, and the classificationof each employee. A technologist presently in the bargaining unit ifthe employee originally subject represented by the Union, who elects to layoff has transfer to a Non-Union position within the ability to meet same department with the normal requirements Hospital, of the job. An employee so displaced bargaining unit, shall be deemed to have been laid off maintain her seniority earned a member of the bargaining unit, and shall also be entitled to notice in accordance credited with Article An employee who chooses to exercise full seniority acquired during the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes she was employed outside of the operation bargaining unit providing such outside the bargaining unit does not extend for a period of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level in excess of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) calendar months of being recalledin the bargaining position. New No new employees shall will be hired until all those laid off seniority employees have been given an opportunity to return to work and have failed to do so, of re-employment (recalled). Notices of layoffs shall be in accordance with the statutory provisions of the Employment Standards Act of the Provinceof Ontario. Tie Should two (2) employees have the same number of hours for seniority provisionpurposes and it becomes necessary to break the tie. the employee who was employed shall be Subject to the provisions of this Collective Agreement, the seniority and employment of an employee shall the employee quits; the employee is discharged for just cause and not reinstated pursuant to the provisions of the Grievance Procedureherein defined; the employee fails to report for work upon termination of a leave of absence, without justifiable reason. when notified by the Employer to to work after a layoff, the employee fails to inform the Employerof intent to to work within three (3) days and/or report for duly within seven (7) days of original notificationby telegram or have been found unable registered mail at their last known address as appearing on the the employee is absent due to perform the workillness or injury for a period in excess of

Appears in 1 contract

Samples: Collective Agreement

and Recall. In the event of lay-off, the Hospital shall lay-off employees the reverse order of their seniority within their classification, provided that there on the job employees who then have the ability and qualifications to perform the work. Layoff and recall in positions shall he separate and apart from those in part-time positions. An employee in receipt of notice of layoff pursuant who is subject to maylay-off shall have the right to: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other orientation. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoffoff. Such Note: (For purposes of the operation of clause above, an identical-paying identical classification shall include any classification where the straight-time straight hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a.) and above. An employee shall have the opportunity of recall from a layoff the lay-off to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was has been laid off shall have the privilege of returning to the position he held prior to the layoff lay-off should it become vacant within six (6) months of being recalledrecalled to the different classification. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of The notification shall state the job to which the employee eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address on record with the Hospital. on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead on lay-off. No full-time employee within the bargaining unit shall be laid off by reason of her duties being assigned to one or more part-time employees.

Appears in 1 contract

Samples: Agreement

and Recall. An employee in receipt In the event of notice of layoff pursuant to may: accept layoff, the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority Home shall lay off employees in the same or a lower or an identical-payingclassification in reverse order of their seniority within their classification, providing that there remain on the bargaining unit ifthe employee originally subject to layoff has job employees who then have the ability to meet perform the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly ratework. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept displace an employee who has less bargaining unit seniority and who can the layoff or displace another duties without training other than orientation. Such employee so displaced shall be laid off. Full employees will bump in accordance with (a) and abovethe full time bargaining unit. An Part time employees will bump in the part time bargaining unit. If there are no full timepositions available to bump, a full time employee laid off may bump into a part time position based on their seniority. If there are no part time positions available to bump, a part time employee laid off may bump into a full time position based on their seniority. A full time employee shall have the opportunity of recall from a layoff to an available full time opening, in order of seniority, provided he or she has the ability to perform the work work, before such opening is filled on a regular basis under ajob posting procedure. A part time employee shall have the opportunity of recall lay off to an available part time opening, in order of seniority, provided he has the ability to perform the work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Home shall not act in an arbitrary or and unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months 6)months of being recalled. No new employees Employees on layoff or notice of layoff shall be hired until all those given preference for temporary vacancies within their classification which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full time employee within thebargaining unit shall be laid off have been given an opportunity by reason of duties being assigned to return to work and have failed to do so, in accordance with the of seniority provision, one or have been found unable to perform the workmore part time employees.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee There shall be at least months notice to the Union in receipt the event of a proposed layoff of a permanent or long-term nature or in the event of a substantial bed cutback which affects or could affect the bargaining unit, unless the notice of layoff pursuant reduced funding from the Ministry to may: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under Home is given less than months from the terms end of the Hospitals fiscal year, in which case the number of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in months notice required shall be that number of months from the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements end of the job. An employee so displaced fiscal year that the notice from the Ministry was received but in no case shall be deemed less than months. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with weeks notice for each year of service to have been laid off and shall a maximum of weeks, provided that the employee has more than months service. Employees with less than months service will be entitled to notice in accordance with Article the provisions of the Employment Standards Act. A copy of any notice of layoff to an employee will be provided to the Union at the same time. In the event of a layoff, the Home shall layoff employees in the reverse order of their seniority within their classification in the respective bargaining unit i.e., full-time or part-time, providing that there remain on the job employees who then have the ability to perform the work. An employee who chooses is subject to exercise layoff shall have the right to either: accept the layoff, or displace another an employee with lesser who has less bargaining unit seniority shall advise and who is the Hospital of his least senior employee in a lower or her intention identical paying classification in the bargaining unit if the employee originally subject to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes layoff can perform the- duties of the operation of clause lower or identical classification without training other than orientation. Such employee so displaced shall be laid off subject to the layoff procedure. A full time employee may displace a part time employee and vice versa, given reasonable orientation. Note an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this articleArticle, a laid-laid off employee will have the rightto right to displace another an employee with lesser seniority less seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid-laid off employee's straight-’s straight time hourly raterated provided he can perform the duties without training other than orientation. An Such employee who is so displaced shall be laid off subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and aboveprocedure. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has possesses the qualification and ability to perform the work before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completecompleted. In determining the qualification and ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital Home shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months two years of being having been recalled. No new employees employee shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisionprovisions, or have been found unable to perform the work available. Employees on layoff or notice of layoff shall be given preference for temporary vacancies which are expected to exceed working days. An employee who has- been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee shall be laid off by reason of duties being assigned to one or more part-time employees. In the event of a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced In the event of layoff of a full-time employee, the Home shall pay its share of insured benefits premiums up to months from the end of the month in which the layoff occurs or until the laid off employee is employed elsewhere, whichever comes first. Seniority lists will be posted on the official Union Bulletin Board in the Home and a copy of the Seniority List will be supplied to the Union Office and the Chairs of the Union. The Seniority List will be posted and revised semi-annually on or before January and July of each year according to the records of the Home. Seniority as posted will be deemed to be final and binding and not subject to complaint unless such complaint is made within thirty (30) days from the first date of current posting. An employee shall lose all seniority and shall be deemed to have quit the employ of the Home after is discharged for cause and the discharge is not revoked through the Grievance Procedure; tenders resignation in writing or quits the employ of the Employer; fails to report for work within days after being notified by the Employer following a lay off or fails to advise the Employer within five (5) days (exclusive of Saturdays, Sundays or paid holidays) of intention to report for work, pursuant to notification by registered mail addressed to the last address on record with the Home. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for proper address being on record with the Home; is absent for five consecutive regularly scheduled shifts without providing proper notice of a reason satisfactory to the Employer. Any employee who is terminated in accordance with this provision will be advised by registered mail or equivalent and a copy of this notice will be sent to the Chairperson of the Bargaining Unit at the time. is laid off continuously for months or longer Where a Full-time employee transfers to the Part-time unit, or vice versa, in the same job classification, there will be no trial period. The employee will transfer at current wage rate.

Appears in 1 contract

Samples: Collective Agreement

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and Recall. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: accept the layoff; displace unit who has the least bargaining a lower or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; equal paying or displace another an employee who has lesser bargaining unit the least seniority in an identical classification in any department if the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the skills, ability and qualifications to meet the normal requirements work in that and requires no training other than an period of the jobno more than five days. An Such employee so displaced shall be deemed to have been laid off and shall be entitled subject to notice his or her rights under this section. In even: there are no employees with lesser in accordance with Article An lower or equal paying a laid off employee who chooses to exercise will have the right to displace another an employee with lesser seniority shall advise seniority, who is the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification lease senior in a where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at provided he has the level of service corresponding skills, ability and qualifications to perform the work in that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff position and requires no training other than an orientation period of no more than five working days. opt to receive a layoff separation allowance as in Article and ; terms opt to retire, if eligible Hospital of a permanent or long-term nature shall have the right to accept the layoff or displace another employee Ontario as outlined in accordance with (a) and above. An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, seniority provided he or she has the ability to perform the work work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completeEmployees on shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to temporary vacancy shall not be such recall and may instead be lay Employees given the opportunity to be recalled a in the same classification from which were off. Employees may also a position within another an employee shall not be recall and may instead In determining the ability of an employee to perform the work for the purposes of the paragraphs Articles above, the Hospital shall not act in an arbitrary or o r unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Hospital of their do so, in accordance with the of seniority provisionbelow, or have been found unable to perform the work available. is the responsibility of the employee who has been laid off to notify the Hospital of his intention to return to work within five working days (exclusive Saturdays, Sundays _sal= holidays) after notified to registered mail, last record with the Hospital (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to within ten working days after being notified. The notification shall state the job to which the employee shall report for work. The employee is 'solely responsible for his proper address being on record with Hospital. Where the employee fails to notify the Hospital his intention to return to work in accordance with the provisions of Article he shall lose all seniority and be deemed to have quit the employ of the Hospital. In the event that a layoff commenced on the day immediately following a paid holiday, an employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the layoff commenced. A laid off employee shall retain the rights of recall for a period of twenty-four months from the date of layoff. agreement reached between the Hospital and the Union concerning the method of implementing layoffs will take precedence over other terms of layoff in the Agreement. In the event of a lay-off of a full-time employee, the Hospital shall pay its share of insured benefits premium up to three months from the end of the month in which the lay-off occurs or until the laid off employee is employed elsewhere, which ever occurs Technological Change means the automation of equipment, or the mechanization or automation of operations, or the replacement of existing equipment or machinery with new equipment or machinery which results the employee from Where the has to a technological will the status of an employee within the unit, the Hospital undertakes to meet with Union to consider the minimizing of adverse effects (if any) upon the employees concerned. Where new or greater skills are required than are already possessed by affected employees present methods of operation, such employees shall be given a period of training, with due consideration being given to the employee’s age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the of tuition and travel. There shall be no wage or salary rates during the training of any such employee. Training shall be given during the hours of work wherever possible extend for up to six months. Employees with one or more years of continuous service who are to layoff under conditions referred above, be given notice of the impending change status at the in keeping with the as set out above and the legislation. Where a vacancy occurs in classification within the or a new position within the bargaining is established by the Hospital, such vacancy shall be posted by the Hospital for a period of sever. calendar days. The shall the qualifications, applications are posting period. department and shift. to be made in writing within the An employee may a written request for transfer by advising Hospital and filing a Request for Transfer Such requests will be considered as applications for posted vacancies as well as subsequent vacancies. Requests for transfer shall become active upon receipt and must be renewed during the of January of each year to remain so. of a Vacancies created the filling vacancy be for three and consideration for such subsequent will be given to employees in this who have a request for transfer on Employees shall be selected for under either Article or on the basis of their skill, ability, experience and qualifications. Where these factors are relatively equal the employees considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work. judgement shall be made in a fair, impartial and consistent manner. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with the Article and and selection shall be made in accordance with above. APPLICABLE TO FULL-TIME Temporary vacancies (full-time) which are not expected exceed sixty calendar days and vacancies to illness, accident, leaves of absence De filled at the discretion of the Hospital. In filling such vacancies consideration shall be all employees who have recorded their accordance with Article above, persons not employed by the In the criteria for shall apply. Employees selected to fill a vacancy under this article will continue to maintain full-time or regular part-time status and of the assignment, the employee their former position. APPLICABLE TO PART-TIME Temporary (part-time) which are not expected exceed sixty calendar days and vacancies cause to illness, accident, leaves of absence may filled at the discretion of the Hospital. In filling such vacancies consideration shall be given part-time employees who have recorded interest in accordance with Article above, t o considering persons not employed by the Hospital. In considering such part-time employees the criteria for selection in shall apply. Regular part-time employees selected to fill a vacancy under this article continue to maintain their and upon completion of the assignment, employee will return to former position. Employees may be hired for a specified exceed six months, to replace an employee leave or to perform a special task. This term may be extended a further six months on mutual agreement of the Union, employee xxx Hospital. The period of employment of such persons will not exceed the absentee's leave. The release or discharge of such persons shall not be subject of a grievance or arbitration. Any agreements which extend an employee's term shall not result in the temporary employee becoming seniority rated. The release or discharge of such persons shall not be the subject of a grievance or arbitration. This clause would preclude such employees from using posting provision under the and any successful applicant who has his probation period will be credited the appropriate seniority. The w i l l to the employees selected to vacancies and the Union, the rise to the vacancy, and the special to such employment. The have the right to fill any vacancy an basis using bargaining unit members procedure or the Request for Transfer procedure provided herein has been complied arrangements have been made to assign the employee selected to fill the vacancy to the job. The Hospital will endeavour to place the successful the position as soon as possible. No may be filed concerning such arrangements. The successful shall be placed on a trial period for a period of thirty working days and if the employee proves satisfactory, then he shall be assigned to the vacancy. If the proves unsatisfactory during that time, or the employee feels he is unable to of the vacancy to which he is posted, the employee will be returned to his former position at former salary or rate of pay, as will any other employee in the bargaining unit who was promoted or transferred by reason of such placing. Newly hired employees shall be terminated an=?such terminations be subject to grievance and Successful applicants of permanent vacancies newly hired employees will not be apply for job or any subsequent outside their department, for a period of six months unless otherwise mutually agreed. An employee who is temporarily .assigned Hospital for one or more complete shifts, to a job classification within the bargaining unit where the wage is higher than that of the job classification to which the employee is regularly assigned, ne shall receive the next highest wage rate above his regular wage rate in the job classification to which he is temporarily assigned for all hours worked in the higher classification. The shall forward a copy of all job at :he of posting, to the President of the Union. In addition the Hospital agrees to President of the Local Union of the successful candidates to the job posting. LEAVES

Appears in 1 contract

Samples: Collective Agreement

and Recall. In the event of lay-off, the Hospital shall lay-off employees in the reverse their seniority within their classification, provided that there remain on the job employees who then have the ability and qualifications to perform the work. Layoff and recall in full-time positions shall be separate and apart from those in part-time positions. An employee in receipt of notice of layoff pursuant who is subject to maylay-off shall have the right to: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed laid off. Employees shall have five (5) working days to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise make the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoffdisplacement decision. Note: (For purposes of the operation of clause above, an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a.) and above. An employee shall have the opportunity of recall from a layoff the lay-off to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in into a different classification from which he or she was laid off an employee to a different section or floor shall have the privilege of returning to the position held prior to the layoff or displacement should it become vacant within six (6) months of being recalledtwelve months. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing) The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. No full-time employee within the bargaining unit shall be laid off by reason of her duties being assigned to one or more part-time employees. Employees shall not be considered laid off if there is a reduction in their hours of work as long as the reduction does not change the status of the employee. The Hospital shall have the right to employees into vacancies in order to avoid layoffs and when employees are in receipt of layoff notices. Employees shall not be considered laid off if they are reassigned to another position within the Hospital without interruption in their employment.

Appears in 1 contract

Samples: negotech.labour.gc.ca

and Recall. In the event of a proposed lay-off of a permanent or long-term nature, the Home will provide the Union with at least weeks notice. This notice is not in addition to required notice for individual employees. In the event of a layoff of a permanent or long-term nature, the Home will provide affected employees with notice in accordance with the Standards However, the Employment Standards will be deemed to be amended to provide notice to the affected employee as follows: if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice if her service is greater than years weeks notice Procedure In the event of lay-off, the employer shall lay-off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the ability and qualifications as required by law to perform the work. An employee in receipt of notice of layoff pursuant who is subject to maylay-off shall have the right to either: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02lay-off; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has lay-off is qualified, as required by law, for and can perform the ability to meet the normal requirements duties of the joblower or identical paying classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoffoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in lower or identical paying classifications as defined in this article, a laid-off employee will have the right to displace an employee with lesser seniority, who is the least senior employee in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage raterate provided he is qualified for and can perform the duties without training other than orientation. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off Such employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that so displaced shall be laid off. The decision of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent choose or long-term nature above shall have the right to accept the layoff or displace another employee be given in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning writing to the position held prior to administrator within one calendar week following the layoff should it become vacant within six (6) months notification of being recalledlay-off. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed Employees failing to do so, in accordance with so will be deemed to have accepted the of seniority provision, or have been found unable to perform the worklay-off.

Appears in 1 contract

Samples: Collective Agreement

and Recall. In the event of layoff, the Hospital shall lay off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of who is subject to layoff pursuant shall have the right to mayeither: Note: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoffoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent (1%) of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on layoff shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on layoff. No full-time employee within the bargaining unit shall be laid off by reason of duties being assigned to one or more part-time employees.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: accept the layoff; or opt to receive a separation allowance as outlined in Article 2; or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification paying classification in the bargaining unit ifthe if the employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 7) days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's ’s straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's ’s straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the workposting

Appears in 1 contract

Samples: Collective Agreement

and Recall. a) In the event of lay-off, the Hospital shall lay off employees in the reverse order of their seniority within their Classification, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of who is subject to layoff pursuant have the right to mayeither: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements of the jobother than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article NOTE: An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-identical paying classification, classifications as defined in this article, a laid-laid off employee will have the rightto right to displace another an employee with lesser seniority seniority, who is the least senior employee in the a classification and where the straight-straight time hourly rate at the level of service corresponding to that of the laid off employee is within of the laid-laid off employee's straight-employees straight time hourly rate. An employee who is subject to layoff rate provided he can perform the duties without training other than a layoff orientation. Such employee so displaced shall be laid off. The decision of a permanent or long-term nature shall have the right employee to accept the layoff or displace another employee in accordance with choose (a) or above shall be given in writing to the designated hospital representative within ten working days (excluding Saturday, Sunday and aboveHolidays) following the notification of lay-off. Employees failing to do so will be deemed to have accepted An employee shall have the opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work work, before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the work.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An No employee in receipt covered by this Agreement shall suffer loss of notice seniority due to a layoff absence resulting from leave of layoff pursuant absence officially granted, injury or sickness, PROVIDED, HOWEVER, that these provisions shall not apply to may: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another any such employee who has lesser bargaining unit seniority in the same voluntarily resigned or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage ratedischarged for cause. In the event that there are no of a layoff, employees with lesser seniority shall be laid off in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in reverse order of their bargaining seniority, provided he or she has that an employee may bump a junior employee only in cases where the ability senior employee is qualified to perform fill the work before such opening is filled on a regular basis under a job posting procedurelower position. The posting procedure Recall Employees shall be recalled to vacated positions for which they are qualified, in the collective agreement order of their seniority, provided however, seniority for recall purposes shall not apply until the recall process has been complete. In determining the ability only be maintained for a period of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) calendar months from the date of being recalledlayoff. New Em No new employees shall be hired following a layoff until all those who were laid off have been given reasonable opportunity of recall as follows. The Employer shall make every reasonable attempt to contact employees in order of their seniority, and employees shall be recalled in such order providing that they respond within the stipulated time limits. Upon making contact with an employee, the Employer shall specify the time when the employee shall report for work. An employee who does not respond within hours of the Employer's initial attempt to make contact or who refuses to report for work shall be removed from the respective seniority list. An employee shall report to work at the time specified by the Employer or, in extenuating circumstances and with the approval of the Employer, within two weeks or such other time as may be agreed by the Employer, of the Employer's initial attempt to make contact. Each employee on layoff will be responsible for keeping the Employer notified of a current contact point through which the employee can be reached. Advance Notice of Except in cases of inclement weather, strikes, lockouts or other circumstances beyond the control of the Employer, the Employer shall notify employees who are to be laid off at least ten working days prior to the effective day of layoff. If an employee has not had the opportunity to return work during the ten (10) days referred to above, the employee shall be paid for those days for which work and have failed to do so, in accordance with the of seniority provision, or have been found unable to perform the workwas not made available.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff lay-off pursuant to (a) (ii) may: accept the layoff; lay-off, or opt to receive a separation allowance as outlined in Article or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan plan as outlined in Article 18.02; or displace another employee who has lesser bargaining unit seniority in the same or a lower or an identical-payingclassification paying classification in the bargaining unit ifthe if the employee originally subject to layoff lay-off has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or his/her intention to do so and the position claimed within seven (71 days after receiving the notice of layofflay-off. NoteFNoortep: For purposes urposes of the operation of clause Clause an identical-paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-laid off employee shall have the rightto right to displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-straight time hourly rate at the level of service corresponding to that of the employee is within of the laid-laid off employee's straight-’s straight time hourly rate. An employee who is subject to layoff lay-off other than a layoff lay-off of a permanent or long-term nature shall have the right to accept the layoff lay-off or displace another employee in accordance with (a) and above. d he/she has ability to p An employee shall have opportunity of recall from a layoff lay-off to an available opening, in order of seniority, provided he or she has the ability to perform provide erform the work before such Page IO of pages Board of Governors opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement Collective Agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee employee. to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or he/she was laid off shall have the privilege of returning to the position held prior to the layoff lay-off should it become vacant within six (6) months of being recalled. No new employees shall shalt be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and and time at which the employee shall report for work. The employee is solely responsible for his/her proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten (IO) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. No full-time employee within the bargaining unit shall be laid off by reason of his/her duties being assigned to one or more part-time employees. In the event of a lay-off of an employee, the Hospital shall pay its share of insured benefits premiums for the duration of the six-month notice period provided for in Article

Appears in 1 contract

Samples: Collective Agreement

and Recall. An employee in receipt of notice of layoff pursuant to may: accept (a) Whenever the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms work force within departments of the Hospitals Employer having employees covered by this collective agreement is to be reduced, probationary employees shall be laid off first and if more layoffs are implemented, the following procedure shall apply: One seniority list per department shall be prepared and maintained which will show each employee's last date of Ontario Pension Plan as outlined hire and also the employee's accumulated seniority. The accumulated on such list shall determine the order of layoff, the employee with the least accumulated seniority being the first to be laid If there is to be a reduction of work force in Article 18.02; or displace another a sub unit, the employee who has lesser bargaining with the least accumulated seniority in that sub unit shall be the first to be laid off. Provided, however, that the employee with the least seniority in the same sub unit affected may displace an employee in another sub unit who has less seniority if the more senior employee is qualified, able and willing to perform the work performed by the more junior employee. It is understood that if the more senior employee qualified to perform the work, he or she will be allowed a lower reasonable period of orientation to acquire the necessary ability and efficiency. In the event of a layoff of a Technologist in Diagnostic Imaging, the senior Registered Technologist be to layoff regardless of whether or an identicalnot such employee is assigned to In each of the and departments, the employee's seniority shall determine the order of layoff. The employee with the least accumulated seniority will be the first to be laid Off No full-payingclassification time employee within the bargaining unit shall be laid off by reason of full-time duties being assigned to one (1) or more part-time employees. In all cases with respect to the layoff procedure contained herein, a part-time employee will not be entitled to displace a full-time employee. In returning to work, the last employee laid off within the department (or sub unit) shall be the first employee to be recalled providing they have the qualifications and abilities required to perform the job. The Employer agrees tu supply seniority lists of all employees within each of the departments covered by this Agreement, and to post said lists every six (6) months, namely on the 15th of January and July in each year, where they will be accessible to the members of the Union, Copies of these seniority lists shall be mailed to the Union office on such dates or soon thereafter, Said seniority lists, in the case of all employees, shall contain the names of all employees within the bargaining unit who are regularly employed on a schedule of not less than fifteen (15) hours per week. Such lists shall include the employee’s name, date of hire, accumulated seniority hours, and the classification of each employee. A technologist presently in the bargaining unit ifthe employee originally subject represented by the Union, who elects to layoff has transfer to a Non-Union position within the ability to meet same department with the normal requirements Hospital, outside of the job. An employee so displaced bargaining unit, shall be deemed to have been laid off maintain her seniority earned while a member of the bargaining unit, and shall also be entitled to notice in accordance credited with Article An employee who chooses to exercise full seniority acquired during the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving the notice of layoff. Note: For purposes time she was employed outside of the operation bargaining unit providing such position outside the bargaining unit does not extend for a period of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level in excess of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the ability of an employee to perform the work for the purposes of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position held prior to the layoff should it become vacant within six (6) calendar months of being recalled. in the non- bargaining unit position, New E s No new employees shall be hired until all those laid off qualified seniority employees have been given an opportunity to return to work and have failed to do so, of re-employment (recalled). Notices of layoffs shall be in accordance with the statutory provisions of seniority provision, or have been found unable to perform the workEmployment Standards Act of the Province of Ontario.

Appears in 1 contract

Samples: Collective Agreement

and Recall. An a) The Employer shall give each employee in receipt of notice of layoff pursuant to may: accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02; or displace another employee Bargaining Unit who has lesser bargaining unit acquired seniority in the same or a lower or an identical-payingclassification in the bargaining unit ifthe employee originally subject and who is to layoff has the ability to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to for a period of more than eight (8) weeks', notice in writing of her layoff in accordance with Article An following schedule: Up to one (1) year service One (1) week's notice More than one (Iy)ear but less than three (3) years' service Two (2) weeks' notice Three (3) years or more of service One (1) week for each year of service to a maximum of eight (8) weeks notice. provided the circumstances causing the layoff are not beyond the control of the Employer (i.e., fire, flood, Ministry requirement, etc.) Such notice will be handed to the employee who chooses to exercise and a signed acknowledgement requested if the right to displace another employee with lesser seniority shall advise is at work at the Hospital of his or her intention to do so and the position claimed within seven (71 days after receiving time the notice of layoff. Note: For purposes of the operation of clause an identical-paying classification shall include any classification where the straight-time hourly wage rate at the level of service corresponding to that of the laid off employee is within of the laid off employee's straight time hourly wage rateready for delivery. In the event that there are no alternative] it shall be mailed by registered mail. All employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature qualify under Article shall have the right to accept the layoff or displace another employee in accordance with (a) and above. An employee shall have opportunity of recall be recalled from a layoff to an available opening, in order of seniority, provided he or she has the ability to perform the work openings before such opening is filled on a regular basis under a the job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been complete. In determining the determiningthe ability of an employee to perform the work for the purposes of the paragraphs paragraph above, the Hospital Employer shall not act in an arbitrary or unfair manner. An In the event of a lay-off, the Employer shall lay off employees in the reverse order of seniority provided that the employee has the skill, ability and qualifications necessary to perform the available work. Employees shall be recalled from lay-off to work available openings in a different classification from which he or she was laid off shall have order of seniority providedthe employee has the privilege of returning skill, ability and qualifications to perform the position held prior to the layoff should it become vacant within six (6) months of being recalledavailable work. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to notify the Employer of their intention to do so, in accordance with the of seniority provisionbelow, or do not have the skill, ability and qualifications to immediately perform the available work. Prior to any general reduction in hours affecting all or a majority of employees, the Employer will consult with the Union to determine their preferences and suggestions as to laying employees off instead of reducing hours. An employee recalledto work in a different classification from which he was laid off shall have the privilege of returning to the position she held prior to the lay off should it become vacant within six (6) months of being recalled. It is the sole responsibility of the employee who has been laid off to notify the Employer of her intention to return to work within three (3) days (exclusive of Saturdays] Sundays and paid Holidays) after being notified to do so. Such notice may be by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been found unable received on the second day following the date of mailing). The notification shall state the job to perform which the employee is eligible to be recalled and the date and time at which the employee shall report to work. The employee is solely responsible for her proper address being on record with the Employer.

Appears in 1 contract

Samples: Collective Agreement

and Recall. In the event of lay-off, the Hospital shall lay-off employees in the reverse order of their seniority within their classification, providing that there remain on the job employees who then have the ability to perform the work. An employee in receipt of notice of layoff pursuant who is subject to may: lay-off shall have the right to either accept the layoff; or to receive a separation allowance as outlined in or opt to retire, if eligible under the terms of the Hospitals of Ontario Pension Plan as outlined in Article 18.02lay-off; or displace another an employee who has lesser bargaining unit seniority and who is the least senior employee in the same or a lower or an identical-payingclassification of identical paying classification in the bargaining unit ifthe if the employee originally subject to layoff has lay-off can perform the ability to meet the normal requirements duties of the joblower or identical classification without training other than orientation. An Such employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with Article An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Hospital of his or her intention to do so and the position claimed within seven off. (71 days after receiving the notice of layoff. Note: For purposes of the operation of clause an identical-identical paying classification shall include any classification where the straight-straight time hourly wage rate at the level of service corresponding to that of the laid off employee is within one percent of the laid off employee's straight time hourly wage rate. In the event that there are no employees with lesser seniority in the same or a lower or identical-paying classification, as defined in this article, a laid-off employee have the rightto displace another employee with lesser seniority who is the least senior employee in the classification and where the straight-time hourly rate at the level of service corresponding to that of the employee is within of the laid-off employee's straight-time hourly rate. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a.) and above. An employee shall have the opportunity of recall from a layoff lay-off to an available opening, in order of seniority, provided he or she has the ability to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the collective agreement shall not apply until the recall process has been completecompleted. In determining the ability of an employee to perform the work for the purposes purpose of the paragraphs above, the Hospital shall not act in an arbitrary or unfair manner. An employee recalled to work in a different classification from which he or she was laid off shall have the privilege of returning to the position he held prior to the layoff lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an the opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. The Hospital shall notify the employee of recall opportunity by registered mail, addressed to the last address on record with the Hospital (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Hospital. Employees on lay-off shall be given preference for temporary vacancies which are expected to exceed ten working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. “The Hospital undertakes to notify the Union in advance, so far as practicable, of any technological changes which the Hospital has decided to introduce which will significantly change the status of employees within the bargaining unit. The Hospital agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse affect, if any, upon employees concerned. Where new or greater skills are required than are already possessed by affected employees under the present methods of operation, such employees shall be given a period of training, with due consideration being given to the employee’s age and previous educational background, during which they may perfect or acquire the skills necessitated by the new method of operation. The employer will assume the cost of tuition and travel. There shall be no reduction in wage or salary rates during the training period of any such employee. Training shall be given during the hours of work whenever possible and may extend for up to six months. Employees with one or more years of continuous service who are subject to lay-off under conditions referred to above, will be given notice of the impending change in employment status at the earliest reasonable time in keeping with the notification to the Union as above set forth and the requirements of the applicable law.

Appears in 1 contract

Samples: Collective Agreement

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