Common use of SENIORITY & LAYOFFS Clause in Contracts

SENIORITY & LAYOFFS. 11.01 Seniority of employees shall be considered as their length of employment from date of (re)hire specific to each Employer. 11.02 Seniority lists shall be maintained at all times by each Employer and shall be available to the union. 11.03 Seniority rights shall cease and an employee shall be deemed to be terminated if he: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge be not reversed through the Grievance Procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason; d. is laid off for a continuous period of more than six (6) consecutive months and has less than two (2) years of seniority; 11.04 Where a reduction in the work force is inevitable, students and temporary employees shall be laid off first. Thereafter, provided that the Employer shall retain a competent workforce and that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, layoffs shall be determined by seniority so that the last hired shall be the first laid off. Recalls shall be conducted in the same manner but in reverse. 11.05 The Employer agrees to notify the Union of any need for layoffs once reasonably known. 11.06 In case of layoff, an employee shall be given at least a one (1) hour notice or one (1) hour's pay in lieu thereof. 11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements acceptable to the Employer to return. 11.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after the layoff took place. 11.09 Whenever the Employment Insurance (EI) Record of Employment is not given to the employees at the time of layoff, they shall be sent by his Employer to the employee by registered mail to his last known address within twenty-four (24) hours from the time of layoff.

SENIORITY & LAYOFFS. 11.01 13.01 Seniority is the exclusive right of employees shall be considered as their length of employment from date of (re)hire specific to each Employer. 11.02 Seniority lists shall be maintained at all times by each Employer the Union and shall be under the jurisdiction of the Union and governed by the Local 685 By-Laws. All employees shall have their seniority with their continuous employment with the Corporation. Should the union decide whether to grant seniority to its members shall be the exclusive right of the Union. In the event there are multiple employees hired on the same date, seniority shall be based on the date and time Human Resources received the application. The Offer of Employment shall have the application date shown and a copy of the offer of employment shall be provided to the Financial Secretary of the Union. (a) The seniority of employees in these groups will commence: 13.02 The seniority list shall be compiled with each individual Full-Time employee placed in accordance with his/her term of continuous service in his/her particular group. 13.03 After discussions between the Union and the Corporation, when a Full-Time Operator has been approved for LTD benefits he/she may be placed on an inactive list and their Full-Time position shall be permanently filled from the Casual roster in accordance with article 3.04 (c). 13.04 Layoffs Should a lay-off of employees be planned, it shall be done according to job classification, according to seniority of the classification, with the last person on being the first person laid off. The president, Financial Secretary, Treasurer, Vice President, and one officer from each of the Operations and Maintenance departments, shall be the last laid off in the said classification. 13.05 Full-time employees who are laid off and are qualified and capable of handling the job, and have the necessary seniority, may displace an employee, with less seniority, of another classification, and said employee shall assume the rate of pay for that classification. 13.06 Full-time Operators who are laid off shall be offered all Casual work that becomes available that they are able and available to the union. 11.03 Seniority rights shall cease perform and an employee shall be deemed to paid at the full rate of pay for the classification that they are working in, for the actual hours worked. Overtime at the rate shall be terminated if he: a. voluntarily quits the employ paid for all time in excess of the Employer; b. is discharged and such discharge eight (8) hours in one (1) day. There shall be not reversed through the Grievance Procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason; d. is laid off for a continuous period of more than six (6) consecutive months and has less than two (2) years of seniority;hour minimum guarantee. 11.04 Where a reduction in the work force is inevitable, students and temporary 13.07 No Casual employees shall be laid employed while a full-time employee is laid-off, unless the laid-off first. Thereafter, provided that the Employer shall retain a competent workforce employees have been contacted and that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, layoffs shall be determined by seniority so that the last hired shall be the given first laid off. Recalls shall be conducted choice of all available work in the same manner but in reverseOperating and Maintenance Departments. 11.05 The Employer agrees to notify the Union of any need for layoffs once reasonably known. 11.06 In case of layoff, an 13.08 No new employee shall be hired until all those laid-off full-time employees who are qualified and capable of returning to work have been given at least the opportunity of recall. Should a one (1) hour notice or one (1) hour's pay in lieu thereof. 11.07 Any full-time employee be laid off and subsequently recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalledto perform casual work, or make definite arrangements acceptable to the Employer to return. 11.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after the layoff took place. 11.09 Whenever the Employment Insurance (EI) Record of Employment is not given to the employees at the time of layoff, they shall be sent by his Employer to the employee by registered mail to his last known address within twenty-four (24) hours from the time month period shall begin again. A recall shall be a minimum of layoff.two

SENIORITY & LAYOFFS. 11.01 8.01 Seniority is recognized as the last date of hire for full time and part time is hours worked with the Home except as may be expressly provided otherwise. Where two or more full time employees have the same date of hire, the total number of hours paid, shall determine seniority. 8.02 Seniority shall operate on a bargaining unit wide basis. 8.03 A new employee will be considered on probation until after she has completed four hundred and fifty (450) hours of work. The discharge of a probationary employee shall be at the sole discretion of the Employer and shall not be done in bad faith or in an arbitrary fashion. Once the probationary period has been successfully completed, the employee will be credited with seniority in accordance with the provisions of this Agreement. 8.04 Probationary employees are covered by the Agreement excepting those provisions which specifically exclude such employees. 8.05 The Employer agrees that employees shall be considered as evaluated during their length probationary period. Except in extenuating circumstances employees will receive such evaluation before the end of employment from the probationary period. On or before the expiry date of the probationary period the Employer will notify the employee in writing that: (re)hire specific a) she will receive a permanent position; (b) her employment will be terminated. Copies of all such notices will be sent to each Employerthe Union immediately. 11.02 Seniority lists 8.06 A new employee’s name shall be maintained at all times by each Employer and added to the seniority list upon the completion of her probationary period dated back to the date on which she was last hired. 8.07 The seniority list shall be available revised in January and July of each year, copies of which will be posted in the various departments and a copy supplied to the union. 11.03 Seniority rights shall cease Chairperson and an employee the Union office. If there are no written complaints concerning the seniority list in the thirty (30) days following the posting the list shall be deemed to be accurate. In addition, the Employer will include with the seniority list sent to the Local Union every six (6) months, a list including the names and addresses of employees. 8.08 An employee’s seniority shall be lost and she shall be deemed terminated if heshe: a. (a) voluntarily quits the employ of the Employer; b. (b) is discharged and such discharge be is not reversed through the Grievance Proceduregrievance procedure; c. (c) fails to report on the first day following the expiration of a leave of absence, absence unless he she has a justifiable reason; d. (d) is laid off for a continuous period of more than six twenty-four (624) consecutive months and has less than two (2) years of senioritymonths; 11.04 Where a reduction in the work force is inevitable, students and temporary employees shall be laid off first. Thereafter, provided that (e) has been absent for three (3) consecutive working days without having notified the Employer shall retain directly unless a competent workforce and that reason satisfactory to the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, layoffs shall be determined by seniority so that the last hired shall be the first laid off. Recalls shall be conducted Employer is given; (f) retires or is retired; (g) is absent due to illness or disability for a period in the same manner but excess of twenty-four (24) months; (h) is absent while in reversereceipt of Workers’ Compensation for a period in excess of twenty-four (24) months. 11.05 The Employer agrees (i) leaves prior to notify the Union completion of any need for layoffs once reasonably knownher shift of work, without receiving prior permission from the Employer, which shall not be unreasonably withheld. 11.06 In case of layoff, (j) an employee shall be given at least a one (1) hour notice or one (1) hour's pay in lieu thereof. 11.07 Any employee laid off and recalled for to work must return within one (12) workday working days when unemployed and within seven five (75) workdays working days when employed elsewhere after being recalled, recalled or make definite arrangements acceptable to with the Employer to return. 11.08 Any appeal (k) utilizes a leave of absence for purposes other than those for which it was granted unless for satisfactory reasons with proof. In applying g) and h) the Employer agrees to abide by the Ontario Human Rights Code. 8.09 When circumstances require a reduction in regard the working force, the Employer shall layoff employees within the affected classification in reverse order of seniority, provided that there remain on the job employees who are qualified, able and willing to perform the available work. (a) An employee who is subject to layoff in accordance with above shall have the right to: (i) accept the layoff; or (ii) bump an employee in the same classification who has lesser bargaining unit seniority; or (iii) bump an employee in an identical or lower paying classification in the bargaining unit if the employee originally subject to layoff is willing, qualified and able to perform the duties of the lower or identical paying classification. (iv) in the event that there are no employees in the bargaining unit with lesser seniority in a lower or identical paying classifications, a laid-off employee will have the right to displace an employee with less seniority in a classification where the straight time hourly rate at the level of service corresponding to that of the laid off employee is within five percent (5%) of the laid off employee's straight time hourly rate provided he or she is qualified for and able to perform the duties of the higher paying classification. (b) It is understood that an employee who is bumped in accordance with a) above has the options as set out in a) above. (c) An employee shall notify the Administrator in writing of her decision to accept the layoff or displace another employee in accordance with a) within four (4) calendar days following the notification of layoff. Where the fourth calendar day falls on a Saturday or Sunday, then the notification is required by noon on the following Monday. Employees failing to do so will be deemed to have accepted the layoff. (d) An employee shall have the opportunity of recall from a layoff must be taken up under to an available opening in order of seniority, provided that she is qualified, able and willing to perform the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after the layoff took placework that is available. 11.09 Whenever (e) No new employee shall be hired until all those who are on layoff who are qualified and able to perform the Employment Insurance work that is available have been given an opportunity of recall. (EIf) Record of Employment is not given The Job Posting Procedure applies prior to the employees at the time exercise of layoff, they shall be sent by his recall rights. (g) Employees on layoff may apply for job postings. The Employer to the employee will send by registered mail a copy of job postings to his employees on layoff to their last known address within on record with the Employer. (h) Employees shall retain recall rights for twenty-four (24) hours from months. Employees on recall are responsible for maintenance of any skills and/or license to practice required for them to return to work. An employee who is on lay-off may attend any in-services or courses offered in the time nursing home to assist in maintaining or upgrading skills while on lay-off. It is understood that such employee's attendance shall be at no cost to the employer. 8.10 In the event of a long term or permanent layoff., the Employer will meet with the Union through the Labour Management committee to review the reasons for and the expected duration of the layoff and the impact of the layoff on employees in the bargaining unit. Except in cases of emergency, the Employer shall give each employee in the bargaining unit who has acquired seniority and who is to be permanently or temporarily laid off, or suffers a reduction in regularly scheduled hours, for a period of more than twelve (12) consecutive weeks written notice of layoff in accordance with the following schedule: (a) one (1) weeks’ notice in writing to the employee if her period of employment is less than one (1) year; (b) two (2) weeks’ notice in writing to the employee if her period of employment is one (1) year or more but less than three (3) years; (c) three (3) weeks’ notice in writing to the employee if her period of employment is three (3) years or more but less than four (4) years; (d) four (4) weeks’ notice in writing to the employee if her period of employment is four (4) years or more but less than five (5) years; (e) five (5) weeks’ notice in writing to the employee if her period of employment is five (5) years or more but less than six (6) years; (f) six (6) weeks’ notice in writing to the employee if her period of employment is six

SENIORITY & LAYOFFS. 11.01 16.1 Seniority of for full-time and part-time employees shall be considered defined as their length of employment from date of (re)hire specific to each Employer. 11.02 Seniority lists shall be maintained at all times by each Employer continuous service in the bargaining unit in a full-time or part-time position, and shall be available applied on a bargaining unit wide basis. 16.2 The Employer shall establish and post a seniority list of all employees in the bargaining unit within thirty (30) days after the ratification of this Collective Agreement. The Employer shall maintain and post a seniority list of all employees in the bargaining unit, said seniority list to be posted each subsequent June 1st with a copy to be forwarded to the unionUnion. 11.03 Seniority rights shall cease and an employee shall be deemed to be terminated if he: a. voluntarily quits 16.3 In the employ event of the Employer; b. is discharged and such discharge be not reversed through the Grievance Procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason; d. is laid off for a continuous period of more than six (6) consecutive months and has less than two (2) years of seniority; 11.04 Where a reduction in the work force is inevitablenumber of employees, students and temporary employees shall be laid off firstin reverse order of their seniority by classification at the site, subject to senior employees having been fully trained previously in the remaining work required. Thereafter, provided that Employees may then bump the Employer shall retain a competent workforce and that least junior employees in the other site subject to senior employees affected have substantially equal skill, competence, efficiency, ability and qualifications, layoffs having been fully trained previously in the remaining work required. Employees shall be determined recalled to work in order of seniority, subject to senior employees having been fully trained in the required work. Notification of recall of those who cannot be contacted by seniority so that telephone shall be by registered mail addressed to the last hired known address on file. It shall be the first laid offresponsibility of the employee to maintain a current phone number and address for notification purposes. Recalls Any employee so recalled must return not later than three (3) working days after being contacted. No new regular employees shall be conducted in hired by the same manner but in reverseEmployer as long as there are non-probationary employees who are on lay off status and who are able and willing to perform the work required. 11.05 16.4 The Employer agrees to will provide at least fourteen (14) calendar days’ notice when laying off employees. 16.5 Recall rights shall be forfeited if: (a) An employee does not notify the Union Employer of any need for layoffs once reasonably known. 11.06 In case of layoff, an employee shall be given at least a one (1) hour notice or one (1) hour's pay in lieu thereof. 11.07 Any employee laid off and recalled for their intention to return to work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements acceptable to the Employer to return. 11.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after days of the layoff took place.date the Employer mailed the recall letter to them; or 11.09 Whenever (b) The employee does not return to work on the Employment Insurance date specified by the Employer; or (EIc) Record of Employment is not given to Six (6) months from the employees at the time of layoff, they shall be sent by his Employer to date the employee by registered mail was laid off during which the employee was not recalled to his last known address within twenty-four a regular position; or (24d) hours from the time of layoffThe employee is recalled to work.

SENIORITY & LAYOFFS. 11.01 12.01 Seniority is the ranking of employees shall be considered as in accordance with their length of employment from with the Employer. Seniority and service shall be calculated on the basis that each one thousand nine hundred and fifty (1950) hours paid equals one (1) year. 12.02 The Employer shall maintain a seniority list and post copies in the workplace each January and July showing the date of (re)hire specific to each Employerhire and hours paid for all staff. 11.02 Seniority lists shall be maintained at all times by each Employer and shall be available to the union. 11.03 Seniority 12.03 An employee's seniority rights shall cease to exist and an employee employment shall be deemed to be terminated if hean employee: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge be is not reversed through the Grievance Proceduregrievance procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reasonreason is given; d. is laid off for a continuous period of more than six twelve (612) months; e. has been absent for three (3) consecutive months and has less than two (2) years of seniorityworking days without having notified the Employer, unless a justifiable reason is given; 11.04 Where f. retires or is retired (as per ▇▇▇▇ 211 – Ending Mandatory Retirement Statute Law Amendment Act, 2005); g. is off work due to illness or accident for a reduction in the work force is inevitable, students and temporary employees shall be laid off first. Thereafter, provided that the Employer shall retain a competent workforce and that the employees affected have substantially equal skill, competence, efficiency, ability and qualifications, layoffs shall be determined by seniority so that the last hired shall be the first laid off. Recalls shall be conducted in the same manner but in reverse. 11.05 The Employer agrees to notify the Union period of any need for layoffs once reasonably known. 11.06 In case of layoff, an employee shall be given at least a one (1) hour notice or one (1) hour's pay in lieu thereof. 11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements acceptable to the Employer to return. 11.08 Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) workdays after the layoff took place. 11.09 Whenever the Employment Insurance (EI) Record of Employment is not given to the employees at the time of layoff, they shall be sent by his Employer to the employee by registered mail to his last known address within twenty-four (24) hours months. It is agreed and understood that the twenty-four (24) month period stated in (g) means the date from the first day of illness or accident, and any time the employee may work as a means of layoffrehabilitation will not disturb the original date of illness or accident. 12.04 In case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of the work permits. Ability to perform available work being relatively equal, seniority (by classification) shall prevail so that the employee having the highest seniority shall be laid off last and recalled first. An employee who is laid off shall have the right to displace an employee in a position within the same classification provided: a. she has more seniority; b. is qualified to perform the duties of the position; c. the displacement does not result in more hours per pay period. For clarity, a more senior employee can recover hours lost from a layoff to a maximum of their previously scheduled hours through a displacement, provided they are qualified to perform said work.