Common use of RESTRICTED AVAILABILITY Clause in Contracts

RESTRICTED AVAILABILITY. (a) A regular employee, who wants to restrict his/her availability as to when he/she can work for the Employer for a reason other than an illness or injury suffered by the employee, must provide the Employer with a minimum of two (2) weeks written notice setting out the days and hours that the employee will be available to accept a work assignment from the Employer. The restriction shall remain in effect and may be lifted on June 1st and December 1st in each calendar year with two (2) week’s written notice. (b) During these periods of restriction, an employee may serve two (2) week’s written notice to lift their restriction but will only be entitled to available shifts and hours after regular employees have been scheduled as per (c) below. (c) Notwithstanding Article 8.03(a), the Employer shall only be required to schedule hours of work to an employee, who has restricted his/her availability to work for the Employer, after it has scheduled all available regular hours of work to those employees in the same classification who have not so restricted their availability. (d) Once a work schedule has been posted pursuant to Article 8.06, additional work assignments that may arise (such as the replacement of a scheduled employee who does not report due to illness) shall be assigned by the Employer on the basis of seniority and availability from amongst all of the regular employees in the classification who have not restricted their availability, then to restricted employees who have indicated availability for the particular shift in question, provided that such assignment of work does not result in overtime rates being paid to the employee. (e) An employee who restricts his/her availability pursuant to paragraph (a) above shall lose his/her seniority and his/her employment will be terminated when the employee: (i) is requested to work by the Employer, with as much notice as possible but with a minimum of two (2) hours’ notice on the day when the employee had indicated to the Employer that he/she would be available for work, and declines such work without establishing a legitimate reason on three (3) occasions within any period of three (3) months; or (ii) has not worked for the Employer for a period of six (6) consecutive months unless absent under any of the leave provisions in the Collective Agreement. (f) Employees hired by the Employer on or after May 1st, 2014 shall not have the right to restrict their availability to work under Article 8.11 of the Collective Agreement unless it is for the purpose of enrolling in education courses or programs, or caring for their family members.