LAYOFF AND Clause Samples

LAYOFF AND. When a reduction in the working force becomes necessary, nurses will be laid off in reverse order of seniority within their occupational classification, subject only to more senior nurses being qualified, competent and willing to perform the required work. Notice of intention of or equivalent pay thereof shall be given by personal service or by registered mail to the nurse(s) and a copy of the notice forwarded to the Union. Notice shall be -- Layoffs of six weeks or less two weeks notice; -- Layoffs of longer than six weeks four weeks notice. A nurse who is on layoff shall not be entitled to notice of layoff when she/he comes back to work on an incidental basis. No layoff of full-time or part-time nurses shall occur when casual nurses are being employed, unless no full-time or part-time nurse on staff is qualified, competent and willing to the position(s) in question. Notwithstanding Article additional available shall be offered to a nurse on layoff, before part-time and casual nurses, provided she/he is qualified, competent and willing to perform the required work. During the first three years of a layoff, the nurse on layoff will receive preferential consideration for the assignment of such shifts provided that this will not result in her/him working in excess of her/his regular commitment. During the period between three to five years, a laid off nurse may indicate availability for additional available shifts but will not receive preferential consideration over part-time nurses. Notwithstanding during the period between three to five years where a nurse does not work all or part of said additional available shift(s), for any reason, payment shall be made only in respect of hours actually worked; this is not applicable to the base of a term position occupied by a laid off nurse. vacation pay shall be calculated in accordance with section and shall be paid at the prevailing rate for the nurse on each pay cheque, and shall be prorated on the basis of hours paid at regular rate of pay, income protection accumulation shall be calculated as follows: Additional available hours worked by the laid-off nurse Full-time hours Entitlement

LAYOFF AND. RECALL PROCEDURE 9 ARTICLE 8 JOB POSTING AND BIDDING PROCEDURE 10 ARTICLE 9 DISCIPLINARY PROCEDURE 13 ARTICLE 10 NO STRIKES OR LOCKOUTS 15 ARTICLE 11 HOURS OF WORK 15 ARTICLE 12 OVERTIME 17 ARTICLE 13 HOLIDAYS 18 ARTICLE 14 PAID LUNCH PERIODS 19 ARTICLE 15 JOB DESCRIPTIONS 19 ARTICLE 16 BUS DRIVERS 19 ARTICLE 17 COOKS 25 ARTICLE 18 CUSTODIANS 26 ARTICLE 19 SECRETARIES 26 ARTICLE 20 ABSENCE 27 SECTION 27 ARTICLE 22 LEAVE OF ABSENCE 29 ARTICLE 23 PERSONAL LEAVE POLICY 31 ARTICLE 24 SICK LEAVE 33 ARTICLE 25 VACATIONS 35 ARTICLE 26 JURY DUTY 36 ARTICLE 27 PAY PERIODS 37 ARTICLE 28 PERMIT PAY 37 ARTICLE 29 SEVERANCE PAY UPON RETIREMENT 38 ARTICLE 30 LONGEVITY PAY 39 ARTICLE 31 SCHOOL CALENDAR 39 ARTICLE 32 NEW EMPLOYEES 40 ARTICLE 33 COMPLETE AGREEMENT 40 ARTICLE 34 ILLEGALITY 41 ARTICLE 35 INSURANCE 41 ARTICLE 36 TUITION WAIVER 44 ARTICLE 37 45 ARTICLE 38 SUMMER VOLUNTARY 4-DAY WORK WEEK GUIDELINES FOR IMPLEMENTATION 45 ARTICLE 39 SUPPORT STAFF SALARY SCHEDULE 47 ARTICLE 40 OAPSE RETIRE- REHIRE 48

LAYOFF AND. 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 who is subject to lay-off shall have the right to either: accept the lay-off; or displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to lay-off can perform the duties of the lower or identical classification without training other than orientation. Such employee so displaced shall be laid off. Note: For purposes of the operation of clause an identical paying classification shall include 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. An employee shall have opportunity of recall from a lay-off to an available 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 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 was laid off shall have the privilege of returning to the position he held prior to the lay-off should it become vacant within six months of being recalled. No new 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).

LAYOFF AND. “Short Term Layoff’ is a layoff which does not exceed thirteen (1 3) consecutive weeks. “Long Term Layoff’ is a layoff which exceeds thirteen (13) consecutive weeks. Notice or pay in lieu of notice is not required for:

LAYOFF AND. If a regular full-time employee receives a position elimination notice in accordance with Article such employee, may, within seventy-two (72) hours and in consultation with the Employer, choose a position from among the available vacant full-time positions, identified by the Employer, for which the employee has the required qualifications to perform the duties of the position. An employee who chooses not to accept a placement in a vacant full-time position within the classification not be eligible to displace another employee. If a vacancy does not exist within the Employee's classification, or the employee does not accept another vacancy outside of their the employee within seventy-two (72) hours and in consultation with the Employer, exercise one of the following options: displace the least senior full-time employee in the same classification for which the employee has the required qualifications to perform the duties of the position; displace the least senior full-time employee in an equal or lower pay grade for which the has the required qualifications to perform the duties of the position, or displace the least senior part-time employee the same classification or in an equal or lower pay grade for which the employee has the qualifications to perform the duties of the position. An employee who chooses not to displace in accordance with this clause shall be laid off. The employee shall not displace any employee in a position that be deleted within sixty (60) calendar days. Where more than one full-time position is eliminated within a classification, the number of full-time employees to be displaced shall be identified. The provisions of Article and shall then be exercised in order of seniority. Employees with less than one year seniority may not displace, and are subject to layoff.

LAYOFF AND. (The following clauses will appear in all collective agreements replacing any provisions related to Layoff and Recall that existed in the Hospital's expiring NOTE: Article applies to Full-Time and Regular Part-Time Employees only. In the event of a proposed layoff at the Hospital of a permanent or long (in excess of weeks) nature, the Hospital will:

LAYOFF AND. Seniority lists and layoff and recall rights for full-time employees shall be separate from seniority lists and layoff and recall rights for part-time employees.

LAYOFF AND. 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 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

LAYOFF AND. The Company when laying employees off shall lay them off in reverse order of seniority. employee subject to a layoff through a reduction of the work force shall have the right to exercise his seniority to continue to work in a position held by a less senior man. When filling a position through this procedure, the employee must be reasonably competent to perform the duties of the position into which he bumps. Any employee obtaining a classification as outlined above must return to his regular classification when required. It shall be the responsibility of the Company to notify a laid off employee, where junior men to him are working. When a laid off employee has been properly notified, he then has no right to claim wages for time periods that he did not choose to work in at that specific job. If no work is available for their classification at their own depot or plant, employees shall be entitled to work at their classification at another depot or plant, or to work at another classification where reasonably competent, in any plant or depot that junior men are working. When vacancies occur, the Company shall laid off employees according to their seniority with the Company, beginning with the most senior employee and proceeding in turn thereafter. Job Posting: Any employee, however, who previously worked at the classification as a posted employee and is capable of performing the job or a trained employee who posted for a training position may be given preference.