Date: Wednesday, March 18, 2015 | Category: Collective Agreement | Author: UniforAdmin
Where lay-offs are to be made, the Company shall determine what jobs are to be left vacant or abolished, and the number of employees to be laid off.
When lay-offs are to be made, such lay-offs shall proceed in reverse order of Union seniority within those job classifications affected.
Any employee scheduled for layoff from one job classification who can meet the qualifications of another job classification, as established by the Company, may apply their Union seniority and bump to such classification.
The qualifications shall, amongst other relevant factors, include experience, skill, ability, and training/education. The qualifications shall be established in a bona fide, non-arbitrary and non-discriminatory manner.
An employee who wishes to apply their Union seniority and bump to another job classification, shall give notification of the same in writing to the Company within seven (7) calendar days of lay-off notice having been received. The notification shall state the job classification to which the employee wishes to bump.
The right of an employee to bump as set out in Article 20.2 shall include the right to bump to a part-time job classification, provided the employee scheduled for lay-off has at least as much seniority as the part-time employee whom the full-time employee seeks to displace. The employee wishing to bump must be able to meet the qualifications as established by the Company.
When seeking to apply their seniority to bump/recall to part-time status, subject to meeting the qualifications as established by the Company, the laid-off full-time employee may seek to apply their seniority to available part-time hours to the extent as defined in Article 4.3.
The right of an employee as set forth in Article 20.2.2 shall only be available to a qualified employee who has elected to retain their seniority rights. Such an employee shall not accumulate full time seniority while employed on a part-time basis pursuant to this Article.
The Company shall provide layoff notice to an employee and the Union as follows:
- An employee who has less than one (1) year of seniority at time of lay off shall receive two (2) weeks notice, or pay in lieu thereof; or
- An employee with one (1) but less than five (5) years of seniority at time of lay off shall receive four (4) weeks notice, or pay in lieu thereof; or
- An employee with five (5) but less than ten (10) years of seniority at time of lay off shall receive five (5) weeks notice, or pay in lieu thereof; or
- An employee with ten (10) or more years of seniority at time of lay off shall receive six (6) weeks notice, or pay in lieu thereof.
The Company agrees that it will not consistently schedule overtime in an effort to bring about or extend a layoff.
20.5 – Salary Administration
- An employee who has exercised their rights under Article 20.2 and who is to be placed in a lower salary classification, shall continue to receive their former salary for a period of six (6) months, and then such employee shall be placed in the new classification salary scale at the step which is closest to but not greater than their previous salary step. Should an employee’s anniversary date fall within the six month period, salary advancement shall take place on the former salary scale in accordance with the provisions of Article 45 of this Agreement. Where no equivalent step is available in the new classification, the employee shall be placed at the top level in the new classification.
- An employee who has exercised their rights under Article 20.2 and who is to be placed in an equivalent or higher salary classification shall be placed at the closest salary step, provided that it is not higher than the employee’s former salary.
An employee who has been laid-off and who has been employed for a continuous period of twelve (12) months or more, shall be paid severance pay at a rate of three (3) weeks pay for each full year of continuous Union seniority.
Severance pay shall be limited to an amount represented by sixty eight (68) weeks times the employee’s basic weekly pay.
For regular part-time employees severance will be a factor of their full time equivalent seniority and a full time equivalent weekly rate.
(For clarity: a regular part-time employee hired in January 2008 working in a position as described in Article 26.4, working 20 hours a week, earning twenty five (25) dollars per hour, and who was laid off in January 2018 would receive severance calculated using five (5) years seniority and a weekly rate of one thousand ($1,000.00) dollars.
The above severance payment shall be deemed to include any severance payment required pursuant to any statute. Acceptance of severance pay will be deemed termination of employment.
While an employee is laid off, the Company will provide an extension of medical and group insurance, with the exception of Short Term Disability and Long Term Disability, benefit coverage for a period of six (6) months and will pay 100% of the costs of the employee’s medical and insurance benefits contained in Article 44 for a period of six (6) months. In the event the employee secures alternative employment within this six (6) month extension period, the aforementioned benefits will cease. It is the responsibility of the employee to advise the Company promptly when they secure other employment.
Employees will retain seniority and have recall rights for a period of twelve (12) months.
When vacancies occur within a job classification, the Company agrees to re-engage employees who have been laid off within the job classification in order of Union seniority, provided the senior employee is then qualified to perform the work to be performed.
Where a full-time employee is on lay-off and a part-time position or casual work becomes available, the Company will give first consideration to offering the opportunity to the full-time employee on lay-off, providing the full-time employee can meet the qualifications as established by the Company. Such employee’s seniority, and right to re-engagement to a full-time position shall not be affected by the employee accepting a part-time position or casual work.
If an employee is recalled or re-engaged within six months of layoff, seniority shall be considered unbroken.
For all posted vacancies, the Company’s responsibility will be considered to be fulfilled if the Company gives notice in writing, delivered to the employee’s last known address. Once recalled, the employee must return to work within seven (7) calendar days from the date the notice was delivered, or such longer period as may be agreed to in writing between the Company and the employee