Article 25 – Technological Change

Date: Wednesday, March 18, 2015 | Category: | Author:

The provisions of this Article 25 are intended to assist employees affected by a technological change as herein defined, to adjust to the effects of such change.

Sections 52, 54 and 55 of the Canada Labour Code do not apply to the Company and the Union or to any person or persons covered by the certification and/or the scope of this Agreement. 

In this section “technological change” means:

  1. The introduction by the Company into its work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by it in the operation of the work, undertaking or business; and, 
  1. A change in the manner in which the Company carries on the work, undertaking or business that is directly related to the introduction of that equipment or material. 

The procedure for dealing with technological change that is likely to affect the terms, conditions and tenure of employment of a significant number of employees is as follows: 

The Company will notify the Union of such a technological change at least one hundred and twenty (120) calendar days prior to the date on which such change is to be effected. Such notice shall be in writing and shall state:

  1. The nature of the technological change;
  1. The date upon which the Company proposes to effect the technological change;
  1. The approximate number and type of employees likely to be affected by the technological change; 
  1. The effect that the technological change is likely to have on the terms and conditions or security of employment of the employees affected; 
  1. The name of each employee likely to be affected.

Upon receipt of such notice by the Union, the parties shall arrange a meeting within three (3) weeks for the purpose of conducting discussions relating to technological change. This time period may be extended by mutual agreement. 

An employee who is displaced through technological change may:

  1. Seek to invoke any seniority job rights they hold pursuant to the Collective Agreement; or, 
  1. Avail themselves of any training program offered by the Company which provides retraining for employees so affected; or, 
  1. Accept severance pay as provided under Article 20 of this Agreement. 

Notwithstanding the provisions of 25.4.1, the 120 days notice of technological change may be reduced upon mutual agreement of the Parties.

Where an employee has been displaced by technological change and where there is a reasonable expectation that the employee would be able to perform satisfactorily in another job after a reasonable training period, the Company will provide reasonable retraining.