View the CUPE Local 133 Agreement - Niagara Falls, Ontario, Canada

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- 20 - (f) (i) In cases of promotion requiring higher qualifications or certification, the Corporation shall give serious consideration to the senior employee who does not possess the required qualifications, but is preparing for final qualifications prior to the filling of a vacancy. (ii) The Corporation may give consideration to not filling a position for a period of up to six (6) months where an existing employee is preparing for qualifications. An extension of a further six (6) months may be granted if an examination has been written and the results are not known. (g) (h) An employee accepted for a posted job shall be given a trial period consisting of sixty (60) days during which he is performing the duties of the position. In the event the successful applicant proves unsatisfactory during the trial period or is displaced as a result of a bump, he shall revert to his former classification and rate without loss of seniority. Any other employee promoted or transferred as a result of the rearrangement of jobs, shall be returned to his former classification and rate without loss of seniority. If an employee fails the trial period and is returned to his former classification, the Corporation shall post the position for four (4) days in accordance with 13.02 (a). 13.03 In vacancies caused as a result of an absence due to LTD, extended illness, or disability pension, the Corporation agrees that: (a) Any posting will specify temporary vacancy caused due to LTD (extended illness or disability) and will not exceed two (2) years. (b) The filling of the vacancy will be in accordance with Article 13. (c) (d) An employee with seniority who is the successful applicant on a temporary posting, will be returned to his/her former position upon the completion of the temporary posting. If the senior employee’s position no longer exists, the employee will be allowed to exercise their bumping rights in accordance with the Collective Agreement. The Union will be notified in writing of persons accepted for LTD.
- 21 - Article 14 - Layoff - Recall 14.01 Subject to the provisions of 13.01, when layoffs are necessary, employees shall be laid off in the following order, on a City-wide basis: (1) Probationary casual employees; (2) Casual employees on the seniority list by order of seniority; (3) Seasonal employees on a seniority list by order of seniority; (4) Probationary permanent employees; (5) Permanent employees on the seniority list by order of seniority. 14.02 Employees shall be recalled after layoff in the reverse order to that in which they were laid off. 14.03 In the case of a casual employee on the seniority list in a clerical (salaried) position, such employee shall not have their employment disrupted by another casual employee unless the senior casual employee is qualified to perform the work and is familiar with the assignment or there is less than ten (10) working days left in the assignment. 14.04 The Corporation will give five (5) days’ notice to a regular employee of a layoff which exceeds five (5) days. Provided, however, that such notice of layoff shall not be deemed necessary: (a) (b) when an employee has been recalled after layoff and has worked less than five (5) days, or shall apply on an extended basis, up to thirty (30) days when it is intended to apply to the end of a project or its discontinuance due to the weather. 14.05 In the case of a casual or seasonal employee it shall only be necessary for the Union to be notified and notice to be posted, five (5) days in advance of a general seasonal layoff. 14.06 (a) A permanent employee whose position is discontinued or who is being displaced may within ten (10) working days of receipt of written notification of the elimination or displacement, displace a less senior employee only if the employee meets the stated qualifications on the job description. (b) (c) The senior employee shall notify the Human Resources Representative of his decision. Should there be two (2) identical positions in a department, the senior employee shall advise which specific position he wants to displace. A permanent employee may displace a temporary employee providing that the employee meets the stated qualifications on the job description. Upon the
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