Layoff Procedure. a. In the event of layoff, the Employer shall first lay off employees in the reverse order of their seniority within their department and classification, provided that there remain on the job employees who have the skills to perform the work. b. An employee who is subject to layoff shall have the right to either. i. accept the layoff; or ii. first bump an employee within the department with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation; iii. then bump an employee within the bargaining unit with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation; iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process; v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate; vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff must be given in person or by registered mail.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer’s operations and prior to laying off any employee, the Employer parties agree to provide the following options to affected regular full-time and regular part-time employees. Where options contained in (a)(6) or (a)(7) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of their same salary level, within her seniority block, for which she is qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills her seniority block providing she is qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an (3) retraining pursuant to Clause 12.3; or
(4) to fill a vacancy, at the same or lower salary level, in another seniority block, for which she is qualified; or
(5) to displace a less senior employee within another seniority block providing she is qualified to perform the department with less seniority job functions; or
(6) to be placed on the recall list pursuant to Clause 12.6; or
(7) to claim severance pay pursuant to Clause 12.7.
(b) A regular full-time or regular part-timetime employee affected by layoff who has less than five years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(6), and 12.4(a)(7).
(c) Regular part-time employees will not be allowed to exercise their seniority to displace a regular full-time employee or to claim a regular full-time vacancy. Regular part-time employees may exercise displacement rights in a lower relation to regular part-time or identical paying classification casual work. Regular full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is regular full-time, regular part-time or part-timecasual in nature.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey her intent in writing to the Human Resources Manager within five workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clauses 12.4(a)(2) and (a)(5), the employee to be displaced will be the least senior employee in the same or lower classification in an alternate seniority block (the seniority block will be designated by the employee) or the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified, in her own seniority block.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two weeks.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff Procedure. a. In Employees who are being laid off shall receive at least two (2) weeks advance notice. The AMEA President or designee shall be notified prior to or at the event same time as the employee being laid off. After notification of layofflayoff the employee shall be provided the following options, in order:
1. The employee shall be offered a vacant position at the Employer shall first lay off employees in same pay grade within the reverse order of their seniority within their department and classification, provided that there remain on for which the job employees who have the skills to perform the workemployee qualifies.
b. An 2. The employee who is subject may elect to layoff shall have the right to either.
i. accept the layoff; or
ii. first bump an employee who has less seniority in the same classification within the department.
3. The employee shall be offered a vacant position at a lower pay grade within the department with for which the employee qualifies.
4. The employee may elect to bump an employee who has less seniority (in a lower pay grade for which the employee is qualified within the department.
5. The employee may elect to be laid off.
6. If the employee is laid off or elects to be laid off, the employee may receive severance pay in lieu of the two week notification period. The severance pay may be prorated based on the days and/or hours an employee may work in the layoff period.
7. If an employee has exhausted bumping rights or elects not to exercise bumping rights, the employee may be placed in another vacant position at the same or lower pay grade if the employee meets the minimum qualifications, successfully completes any position related examination, and has an acceptable driving record for that position. Full-time employees will first be allowed to be placed, bump, transferred, or demoted into full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iiipositions as specified above. then bump an employee within the bargaining unit with less seniority (When all full-time or part-timeoptions (as enumerated above) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bumphave been exhausted, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a employees may be placed, bump, transferred, or demoted into part-time employee as part of the above-noted procedurepositions. In these cases, the fullconsideration shall be given for part-time employee positions of 20 hours or more. Part-time employees may be placed, bumped, transferred, demoted, etc. only in part-time positions. Consideration is accepting given on part-time positions based on the part-time position only. The decision of the employee status (i.e. less than 15 hours, 15 to choose (i) or (ii) above shall be given in writing less than 20 hours, and 20 to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff must be given in person or by registered mailless than 40 hours).
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer's operations and prior to laying off any employee, the Employer parties agree to provide the following options to affected full-time and part-time employees. Where options contained in (a)(4) or (a)(5) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of their same salary level, within her seniority block, for which she is qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills her seniority block providing she is qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an employee within (3) retraining pursuant to Clause 12.3; or
(4) to be placed on the department with less seniority recall list pursuant to Clause 12.6; or
(5) to claim severance pay pursuant to Clause 12.7.
(b) A full-time or part-timetime employee affected by layoff who has less than five years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(4), and 12.4(a)(5).
(c) Part-time employees will not be allowed to exercise their seniority to displace a full-time employee or to claim a full-time vacancy. Part-time employees may exercise their displacement rights in a lower relation to part-time work or identical paying classification casual work. Full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is full-time, part-time or part-timecasual work.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey her intent to the Human Resources Manager within five workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clause 12.4(a)(2), the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two weeks.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer’s operations and prior to laying off any employee, the Employer Parties agree to provide the following options to affected regular full-time and regular part-time employees. Where options contained in (a)(6) or (a)(7) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five (5) or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of their same salary level, within her seniority block, for which she is qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills her seniority block providing she is qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an (3) retraining pursuant to Clause 12.3; or
(4) to fill a vacancy, at the same or lower salary level, in another seniority block, for which she is qualified; or
(5) to displace a less senior employee within another seniority block providing she is qualified to perform the department with less seniority job functions; or
(6) to be placed on the recall list pursuant to Clause 12.6; or
(7) to claim severance pay pursuant to Clause 12.7.
(b) A regular full-time or regular part-timetime employee affected by layoff who has less than five (5) years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(6), and 12.4(a)(7).
(c) Regular part-time employees will not be allowed to exercise their seniority to displace a lower regular full-time employee or identical paying classification to claim a regular full-time vacancy. Regular part-time employees may exercise displacement rights in relation to regular part-time or casual work. Regular full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is regular full-time, regular part-time or part-timecasual in nature.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey her intent to the Human Resources Manager within five (5) workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed Branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three (3) workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clauses 12.4(a)(2) and (a)(5), the employee to be displaced will be the least senior employee in the same or lower classification in an alternate seniority block (the seniority block will be designated by the employee) or the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified, in her own seniority block.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two (2) weeks.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff Procedure. a. In the event of a long term or permanent layoff, the Employer shall first lay recognize the seniority standing of each employee by laying off employees within the affected classification(s) in the reverse order of their bargaining unit seniority within their department and classificationto the extent provided for below, provided that there remain on the job employees who have the skills immediate ability and qualifications to perform the workavailable work without training other than a reasonable familiarization period.
b. An A full-time employee who is subject to permanent or long-term layoff shall have the right to either.following options:
i. accept the layoff; or
ii. first bump an employee within the department with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a partwho has lesser bargaining unit seniority, is within the same classification or an identical or lower paying classification, and has regularly scheduled hours equal to or less than the employee laid off. (This bumping entitlement is subject to 10.03 d) and e); or
iii. in the event that the full-time employee as part of the has no option to bump another full-time employee pursuant to ii) above-noted procedure, the full-time employee is accepting shall have the right to bump a part-time position onlyemployee who has lesser bargaining unit seniority and is within the same classification or an identical or lower paying classification. (This bumping entitlement is subject to 10.03 d) and e). The employee’s decision of the employee to choose (i) or (ii) or iii) above shall be given in writing to the Employer General Manager within four three (43) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
c. A part-time employee who is subject to permanent or long term layoff shall have the right to either:
i. accept the layoff; or
ii. Notice of layoff must bump a part-time employee who has lesser bargaining unit seniority, is within the same classification or an identical or lower paying classification, and who has regularly scheduled hours equal to or less than the employee laid off. (This bumping entitlement is subject to 10.03 d), e) and f). The employee’s decision to choose i) or ii) or iii) above shall be given in person or by registered mailwriting to the General Manager within three (3) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
d. The parties further agree that where there is more than one (1) employee with lesser bargaining unit seniority in the same situation in which an employee seeks to bump (i.e. the same classification, the shift(s) and the same number of regularly scheduled hours), the employee must bump the least senior of these.
e. It is agreed that an employee may only exercise her options to bump if she is immediately qualified for and able to perform the work of the position into which she is bumping into without training other than a reasonable familiarization period.
f. It is agreed and understood that a part-time employee cannot bump a full-time employee under any circumstances.
g. Upon giving the Union notice of layoff, the Employer will meet with the Union through the Labour Management committee to review the layoff and any agreement between the parties concerning the implementation and process for the specific layoff will prevail over the terms of the Collective Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Layoff Procedure. A layoff is defined as a separation from the service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the Union shall be given written notice of layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff.
a. In The Agency shall determine the event of layoff, the Employer shall first lay off employees in the reverse order of their seniority within their department and classification, provided that there remain on the job employees who have the skills specific positions to perform the workbe vacated.
b. An Layoff lists will apply to employees in a classification. Any regular status employee shall be permitted to displace an employee in the same classification with less seniority unless that employee has been protected under 22.1.
c. A regular status employee notified of a pending layoff may elect to be laid off or has the options listed below.
(1) The employee may displace the employee in the same classification who is subject to layoff shall have the right to either.least senior trial service employee not protected in Section 22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a trial service or regular status employee, the displacing employee must:
(a) Have greater seniority than the trial service or regular status employee;
(b) Meet any special qualifications for the position as shown in the class specification and the position description; and
(c) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by:
i. accept Reviewing an application/resume submitted by the layoffemployee; orand
ii. first bump an Reviewing the employee‘s statement why the employee within is qualified for the department with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified position; and can perform if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1.
(2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or identical paying who is the least senior regular status employee not protected under 22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must first consider the most recent previously held classification, including any predecessor classification, prior to the employee‘s present classification without training other and:
(a) Have greater seniority than orientationthe employee to be displaced;
(b) Meet any minimum or special qualifications for the position;
(c) Have previously held regular status in the lower classification, including any predecessor classification; and
(d) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee‘s statement why the employee is qualified for the position; and if needed;
iii. then bump an Testing the employee within the bargaining unit with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform on the duties of the lower or identical paying classification without training other than orientation;
ivposition sought. Consistent The Agency will use the same test with the opportunity same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to chain bumpmake this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification or there are no more positions in the lower classification held by an employee with less seniority who has not been protected under 22.1.
(e) If no option is available under subsection (2) above in the most recent previously held classification, all employees who are potentially impacted including any predecessor classification, the employee will then consider their second most recent previously held classification, including any predecessor classification. The employee will follow the same process listed above in 22.2 c. (2) (a through d). If necessary, this process will continue for as many previously held classifications, including predecessor classifications, that the displaced worker has held while with the agency.
(3) For the purposes of this Article, Liquor Control Inspector, Liquor License Investigator and Liquor Regulatory Specialist will be given notice of layoff treated as a single classification.
d. No trial service or regular status employee in a particular office or duty station shall be laid off while a temporary employee in the same class is employed at the outset of the process;
v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) same particular office or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff must be given in person or by registered mailduty station.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer's operations and prior to laying off any employee, the Employer parties agree to provide the following options to affected full-time and part-time employees. Where options contained in (a)(4) or (a)(5) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order. An employee affected by layoff who has five or more years of service shall choose: to fill a vacancy, at the reverse order of their same salary level, within her seniority block, for which she is qualified; or to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills her seniority block providing she is qualified to perform the work.
b. An employee who is subject job functions; or retraining pursuant to layoff shall have Clause 12.3; or to be placed on the right recall list pursuant to either.
i. accept the layoffClause 12.6; or
iior to claim severance pay pursuant to Clause 12.7. first bump an employee within the department with less seniority (A full-time or part-time) time employee affected by layoff who has less than five years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(4), and 12.4(a)(5). Part-time employees will not be allowed to exercise their seniority to displace a lower full-time employee or identical paying classification to claim a full-time vacancy. Part-time employees may exercise their displacement rights in relation to part-time work or casual work. Full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is full-time, part-time or part-timecasual work. The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure. The employee must convey her intent to the Human Resources Manager within five workdays. Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three workdays. Approval will not be unreasonably withheld. In accordance with Clause 12.4(c) and for the purposes of Clause 12.4(a)(2), the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate;
viqualified. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two weeks.
Appears in 1 contract
Sources: Collective Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer's operations and prior to laying off any employee, the Employer parties agree to provide the following options to affected regular full-time and regular part-time employees. Where options contained in (a)(6) or (a)(7) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of same salary level, within their seniority block, for which they are qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills seniority block providing they are qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an (3) retraining pursuant to Clause 12.3; or
(4) to fill a vacancy, at the same or lower salary level, in another seniority block, for which they are qualified; or
(5) to displace a less senior employee within another seniority block providing they are qualified to perform the department with less seniority job functions; or
(6) to be placed on the recall list pursuant to Clause 12.6; or
(7) to claim severance pay pursuant to Clause 12.7.
(b) A regular full-time or regular part-timetime employee affected by layoff who has less than five years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(6), and 12.4(a)(7).
(c) Regular part-time employees will not be allowed to exercise their seniority to displace a regular full-time employee or to claim a regular full-time vacancy. Regular part-time employees may exercise displacement rights in a lower relation to regular part-time or identical paying classification casual work. Regular full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is regular full-time, regular part-time or part-timecasual in nature.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey their intent in writing to the Human Resources Manager within five workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clauses 12.4(a)(2) and (a)(5), the employee to be displaced will be the least senior employee in the same or lower classification in an alternate seniority block (the seniority block will be designated by the employee) or the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified, in their own seniority block.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two weeks.
Appears in 1 contract
Sources: Collective Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer's operations and prior to laying off any employee, the Employer parties agree to provide the following options to affected regular full-time and regular part-time employees. Where options contained in (a)(6) or (a)(7) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of their same salary level, within her seniority block, for which she is qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills her seniority block providing she is qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an (3) retraining pursuant to Clause 12.3; or
(4) to fill a vacancy, at the same or lower salary level, in another seniority block, for which she is qualified; or
(5) to displace a less senior employee within another seniority block providing she is qualified to perform the department with less seniority job functions; or
(6) to be placed on the recall list pursuant to Clause 12.6; or
(7) to claim severance pay pursuant to Clause 12.7.
(b) A regular full-time or regular part-timetime employee affected by layoff who has less than five years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(6), and 12.4(a)(7).
(c) Regular part-time employees will not be allowed to exercise their seniority to displace a regular full-time employee or to claim a regular full-time vacancy. Regular part-time employees may exercise displacement rights in a lower relation to regular part-time or identical paying classification casual work. Regular full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is regular full-time, regular part-time or part-timecasual in nature.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey her intent in writing to the Human Resources Manager within five workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clauses 12.4(a)(2) and (a)(5), the employee to be displaced will be the least senior employee in the same or lower classification in an alternate seniority block (the seniority block will be designated by the employee) or the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified, in her own seniority block.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two weeks.
Appears in 1 contract
Sources: Collective Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer’s operations and prior to laying off any employee, the Employer Parties agree to provide the following options to affected full-time and part-time employees. Where options contained in (a)(4) or (a)(5) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five (5) or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of their same salary level, within her seniority block, for which she is qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills her seniority block providing she is qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an employee within (3) retraining pursuant to Clause 12.3; or
(4) to be placed on the department with less seniority recall list pursuant to Clause 12.6; or
(5) to claim severance pay pursuant to Clause 12.7.
(b) A full-time or part-timetime employee affected by layoff who has less than five (5) years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(4), and 12.4(a)(5).
(c) Part-time employees will not be allowed to exercise their seniority to displace a lower full-time employee or identical paying classification to claim a full-time vacancy. Part-time employees may exercise their displacement rights in relation to scheduled or unscheduled part-time work. Full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is full-time or and/or part-timetime in nature, both scheduled and unscheduled.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey her intent to the Human Resources Manager within two (2) workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed Branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three (3) workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clause 12.4(a)(2), the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two (2) weeks.
Appears in 1 contract
Sources: Collective Agreement
Layoff Procedure. a. In the event of a long term or permanent layoff, the Employer shall first lay recognize the seniority standing of each employee by laying off employees within the affected classification(s) in the reverse order of their bargaining unit seniority within their department and classificationto the extent provided for below, provided that there remain on the job employees who have the skills immediate ability and qualifications to perform the workavailable work without training other than a reasonable familiarization period.
b. An A full-time employee who is subject to permanent or long-term layoff shall have the right to either.following options:
i. accept the layoff; or
ii. first bump an employee within the department with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a partwho has lesser bargaining unit seniority, is within the same classification or an identical or lower paying classification, and has regularly scheduled hours equal to or less than the employee laid off. (This bumping entitlement is subject to 10.03 d) and e); or
iii. in the event that the full-time employee as part of the has no option to bump another full-time employee pursuant to ii) above-noted procedure, the full-time employee is accepting shall have the right to bump a part-time position onlyemployee who has lesser bargaining unit seniority and is within the same classification or an identical or lower paying classification. (This bumping entitlement is subject to 10.03 d) and e). The employee’s decision of the employee to choose (i) or (ii) or iii) above shall be given in writing to the Employer General Manager within four three (43) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
c. A part-time employee who is subject to permanent or long term layoff shall have the right to either:
i. accept the layoff; or
ii. Notice of layoff must bump a part-time employee who has lesser bargaining unit seniority, is within the same classification or an identical or lower paying classification, and who has regularly scheduled hours equal to or less than the employee laid off. (This bumping entitlement is subject to 10.03 d), e) and f). The employee’s decision to choose i) or ii) or iii) above shall be given in person or by registered mailwriting to the General Manager within three (3) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.
d. The parties further agree that where there is more than one (1) employee with lesser bargaining unit seniority in the same situation in which an employee seeks to bump (i.e. the same classification, the shift(s) and the same number of regularly scheduled hours), the employee must bump the least senior of these.
e. It is agreed that an employee may only exercise their options to bump if they are immediately qualified for and able to perform the work of the position into which they are bumping into without training other than a reasonable familiarization period.
f. It is agreed and understood that a part-time employee cannot bump a full-time employee under any circumstances.
g. Upon giving the Union notice of layoff, the Employer will meet with the Union through the Labour Management committee to review the layoff and any agreement between the parties concerning the implementation and process for the specific layoff will prevail over the terms of the Collective Agreement.
Appears in 1 contract
Sources: Collective Agreement
Layoff Procedure. A layoff is defined as a separation from the service for involuntary reasons, other than resignations, not reflecting discredit on an employee. An employee and the Union shall be given written notice of layoff at least fifteen (15) calendar days before the effective date stating the reasons for the layoff.
a. In The Agency shall determine the event of layoff, the Employer shall first lay off employees in the reverse order of their seniority within their department and classification, provided that there remain on the job employees who have the skills specific positions to perform the workbe vacated.
b. An Layoff lists will apply to employees in a classification. Any regular status employee shall be permitted to displace an employee in the same classification with less seniority unless that employee has been protected under 22.1.
c. A regular status employee notified of a pending layoff may elect to be laid off or has the options listed below.
(1) The employee may displace the employee in the same classification who is subject to layoff shall have the right to either.least senior trial service employee not protected in Section 22.1 or who is the least senior regular status employee not protected in Section 22.1 if there are no trial service employees. To displace either a trial service or regular status employee, the displacing employee must:
(a) Have greater seniority than the trial service or regular status employee;
(b) Meet any special qualifications for the position as shown in the class specification and the position description; and
(c) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by:
i. accept Reviewing an application/resume submitted by the layoffemployee; orand
ii. first bump an Reviewing the employee’s statement why the employee within is qualified for the department with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified position; and can perform if needed;
iii. Testing the employee on the duties of the position sought. The Agency will use the same test with the same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not meet these criteria for the position held by the least senior employee in the same classification, the Agency will continue to make this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the same classification or there are no more positions in the same classification held by an employee with less seniority who has not been protected under 22.1.
(2) If no option is available in subsection (1) above, the employee may demote and displace the employee in a lower classification who is the least senior trial service employee not protected in Section 22.1, or identical paying who is the least senior regular status employee not protected under 22.1 if there are no trial service employees. To demote and displace either a trial service or regular status employee in a lower classification, the displacing employee must first consider the most recent previously held classification, including any predecessor classification, prior to the employee’s present classification without training other and:
(a) Have greater seniority than orientationthe employee to be displaced;
(b) Meet any minimum or special qualifications for the position;
(c) Have previously held regular status in the lower classification, including any predecessor classification; and
(d) Be capable of performing the specific requirements of the position within three (3) weeks. The agency will determine this by:
i. Reviewing an application/resume submitted by the employee; and
ii. Reviewing the employee’s statement why the employee is qualified for the position; and if needed;
iii. then bump an Testing the employee within the bargaining unit with less seniority (full-time or part-time) in a lower or identical paying classification for which they are qualified and can perform on the duties of the lower or identical paying classification without training other than orientation;
ivposition sought. Consistent The Agency will use the same test with the opportunity same answers for all eligible candidates for the specific position. Tests questions and answers shall be confidential. If the displacing employee does not satisfy the above requirements for the position held by the least senior employee in the relevant lower classification, the Agency will continue to chain bumpmake this determination for the position held by the next least senior employee until the displacing employee meets the requirements for a position in the lower classification or there are no more positions in the lower classification held by an employee with less seniority who has not been protected under 22.1.
(e) If no option is available under subsection (2) above in the most recent previously held classification, all employees who are potentially impacted including any predecessor classification, the employee will then consider their second most recent previously held classification, including any predecessor classification. The employee will follow the same process listed above in 22.2 c. (2) (a through d). If necessary, this process will continue for as many previously held classifications, including predecessor classifications, that the displaced worker has held while with the agency.
(3) For the purposes of this Article, Liquor Control Inspector, Liquor License Investigator and Liquor Regulatory Specialist will be given notice of layoff treated as a single classification.
d. No trial service or regular status employee in a particular office or duty station shall be laid off while a temporary employee in the same class is employed at the outset of the process;
v. 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 one percent (1%) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) same particular office or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff must be given in person or by registered mailduty station.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Layoff Procedure. a. In So as to minimize the event of layoffdisruption on the bargaining unit and the Employer's operations and prior to laying off any employee, the Employer parties agree to provide the following options to affected full-time and part-time employees. Where options contained in (a)(4) or (a)(5) below are not the preference of the affected employee then all other options set out below shall first lay off employees be available to the employee in sequential order.
(a) An employee affected by layoff who has five or more years of service shall choose:
(1) to fill a vacancy, at the reverse order of same salary level, within their seniority block, for which they are qualified; or
(2) to displace a less senior employee within their department and classification, provided that there remain on the job employees who have the skills seniority block providing they are qualified to perform the work.
b. An employee who is subject to layoff shall have the right to either.
i. accept the layoffjob functions; or
ii. first bump an employee within (3) retraining pursuant to Clause 12.3; or
(4) to be placed on the department with less seniority recall list pursuant to Clause 12.6; or
(5) to claim severance pay pursuant to Clause 12.7.
(b) A full-time or part-timetime employee affected by layoff who has less than five years of service may select from the options contained in Clauses 12.4(a)(1), 12.4(a)(2), 12.4(a)(4), and 12.4(a)(5).
(c) Part-time employees will not be allowed to exercise their seniority to displace a full-time employee or to claim a full-time vacancy. Part-time employees may exercise their displacement rights in a lower relation to part-time work or identical paying classification casual work. Full-time employees may exercise their seniority to displace employees or claim available work for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iii. then bump an employee within the bargaining unit with less seniority (that is full-time, part-time or part-timecasual work.
(d) The employee may request the assistance of a ▇▇▇▇▇▇▇ at any time during this procedure.
(e) The employee must convey their intent to the Human Resources Manager within five workdays.
(f) Where applicable, the Human Resources Manager will review the displacement option selected in conjunction with the manager of the proposed branch into which the employee chooses to displace. The Human Resources Manager and/or Branch Manager will respond to an employee's displacement option within three workdays. Approval will not be unreasonably withheld.
(g) In accordance with Clause 12.4(c) and for the purposes of Clause 12.4(a)(2), the employee to be displaced will be the least senior employee, in a lower or identical paying classification for which they are qualified and can perform the duties of the lower or identical paying classification without training other than orientation;
iv. Consistent with the opportunity to chain bump, all employees who are potentially impacted will be given notice of layoff at the outset of the process;
v. 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 one percent qualified.
(1%h) of the laid off employee’s straight time hourly wage rate;
vi. If a full-time employee bumps a part-time employee as part of the above-noted procedure, the full-time employee is accepting the part-time position only. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Employer within four (4) calendar days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Notice of layoff This procedure must be given in person or by registered mailcompleted within two weeks.
Appears in 1 contract
Sources: Collective Agreement