11.01 The parties agree to meet whenever any reduction is anticipated, with a view to seeking alternatives to lay-offs.
11.02 Lay-off Defined
(a) A job abolition/elimination, including the abolition/elimination of a part-time or casual position
(b) A reduction in the normal hours of work of a permanent, full-time Employee;
(c) A permanent reduction in the weekly hours of work of a part-time employee (for four (4) consecutive weeks) or, for a casual employee, who has worked less than eighty (80) hours, including standby hours as calculated in Article 10.01(b)(ii), in the preceding one hundred and twenty (120) calendar days, exclusive of approved leaves of absence, (after which a lay-off notice will be issued to the casual employee by the Employer).
[For clarification purposes, a permanent reduction is when the Employer notifies the part-time employee that her hours of work are permanently reduced, or the part-time hours are reduced for four consecutive weeks if nothing in writing is provided – four (4) weeks are calendar weeks.]
11.03 Discussion of Implementation
In the event the Employer is contemplating lay-offs, the Union shall be given notice as far as possible in advance of impending lay-offs. Where possible, the Employer shall meet with the Union a minimum of thirty (30) calendar days in advance of employee receiving lay-off notices.
Union and Management shall meet to discuss changes to staffing assignments and current programs resulting from lay-offs. It is recognized and agreed that both the Union and the Employer have an obligation to ensure that Employees understand their options upon receipt of a lay-off notice.
11.04 Senior Employees Retained
When the Employer considers it necessary to reduce staff, the most senior full-time and part-time employee(s) shall be retained first, and then the most senior casual employee(s), unless it can be demonstrated that the senior employee does not possess the necessary qualifications, capability and experience to perform the remaining work.
11.05 Notification of Lay-off
The minimum amount of notice shall be twenty-eight (28) calendar days (or the minimum statutory notice, whichever is more), which may be any combination of working notice and pay in lieu of notice. Seniority shall continue to accrue for the part of the notice period during which pay in lieu of notice was provided. The Employer may assign duties other than those normally connected with the classification in question during the period of working notice, provided the work is bargaining unit work.
In calculating pay in lieu of notice for casual and part-time employees, the pay in lieu of working notice shall be calculated on the basis of the average weekly hours over the preceding fifty-two (52) weeks, or since the start of employment, whichever period of time is less.
11.06 Severance Pay
An Employee who is laid off and who chooses to terminate employment will be entitled to receive severance pay in the amount of one week’s pay for each one thousand eight hundred and twenty (1820) hours worked.
Casual employees shall be automatically terminated if they have not worked a minimum of eighty (80) hours, including standby hours as calculated as per Article 10.01(b)(ii), in the preceding one hundred and twenty (120) calendar days, exclusive of approved leaves of absence, and shall be entitled to receive severance pay equivalent to one week’s average pay (calculated as the sum of the total hours worked in the preceding fifty-two (52) weeks, divided by fifty-two (52)).
In the event that a full-time or part-time employee who has been laid off accepts an offer of re-employment within twelve (12) months of the original date of lay-off, the employee must re-pay the severance pay as a condition of being re-hired, on a pro rata basis (e.g. if re-employed nine months later, then three-twelfths (3/12ths) or one quarter of the severance must be repaid). At that time, the employee will have their former seniority reinstated. Upon the repayment of severance pay, the seniority list shall be updated and posted to reflect the return of the laid off employee to employment with her reinstated seniority.
11.07 Updated Seniority
When the Employer is affecting a lay-off of an Employee(s), the seniority list posted in accordance with Article 10.05 shall be up-dated and shall be subject to appeal by the Employees for a period of fourteen (14) calendar days from the date the list is posted. This revised seniority list shall be applied to the Employees in the administration of this lay-off article.
The updated seniority list shall include the Employees’ accumulated seniority up to and including the date the Employer notifies the union of pending lay-offs in accordance with Article 11.01 or another date mutually agreed to by Union and Management. This seniority cut-off date shall apply to each Employee affected by lay-offs, displacement and placement.
11.08 Seniority Pool
Employees initially laid off shall form a pool and be ranked in order of seniority. In order of seniority, employees shall identify and exercise their preferences for future recall. As more junior employees are displaced, they will be added to the pool and ranked in order of seniority.
11.09 Placement into Vacant Position
A laid-off Employee may be placed, by mutual agreement between Union and Management, into a vacant position. The refusal by the Employer to agree to the placement of a laid off employee into a vacant position shall not be grievable.
In the event a reduction in staff becomes necessary, as set out in Article 11.02, the Employee may exercise her seniority by displacing the least senior Employee.
11.11 Work Resumption
(a) Laid off Employees shall indicate, in writing, the positions including classification, full time or part-time, and workplace for which they wish to be considered should a vacancy arise. Vacancies shall be filled in accordance with Article 19. Employees are encouraged to obtain advice from a union representative prior to indicating their preferences in writing.
(b) If a laid off Employee is successful in her application to a posted position, she shall report for duty as specified in the Letter sent by registered mail to the Employee’s last known address. A copy of the Letter will be sent to the Union. Failure to accept the position within fourteen (14) calendar days of issuance of the Letter, and to report for work on the date specified, will automatically cancel the awarding of the position to the Employee. The Employee will then be subject to Article 10.04. The Employer would then award the position in accordance with Article 19.01.
(c) Laid off Employees shall keep the Employer advised of their current address and telephone number.
(d) The Employer shall offer all temporary work of less than six (6) months in the following manner:
(i) First consideration will be given to qualified part-time or casual employees who have the ability to perform the work.
(ii) Second consideration will be given to those employees on lay-off who possess the necessary qualifications, capability and experience to perform the required work.
11.12 Return After Layoff
(a) When an employee resumes work after lay-off in the same classification as the position held prior to lay-off, the employee shall be paid at the salary step that was being paid at the time of lay-off, and the hours worked prior to lay-off will be credited towards the next increment date.
(b) When an Employee resumes work after lay-off in a different classification from the position held prior to lay-off, the Employee shall be paid at the step which provides the rate that is less than but closest to her previous rate (if a lower rated classification) or the rate is that higher than but closest to her previous rate (if a higher rated classification).
11.13 Trial Period
Except as mutually agreed between the Employer and the Union, Employees who assume a position in a different classification through placement (Article 11.09) or displacement (Article 11.10) or work resumption (Article 11.11), shall be considered on trial for a period of three (3) months. During this trial period, Employees shall be provided with orientation and such existing in-house training as required to fulfill their new duties. During this trial period the Employee may be returned to lay-off if not considered capable or may request same without further recourse to the bumping procedure.
11.14 Sick and Vacation Credits
When an employee resumes work from lay-off, the employee will retain any accumulated sick leave credits and service toward the calculation of vacation credits existing at time of lay-off.
11.15 Time Limit
Laid off employees can remain on the recall list for up to one (1) year. Thereafter, the employee shall be considered as having been permanently separated from employment.