05.01.2015 Views

collective agreement - CUPE Local 4807 - Canadian Union of Public ...

collective agreement - CUPE Local 4807 - Canadian Union of Public ...

collective agreement - CUPE Local 4807 - Canadian Union of Public ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

11.02 Lay<strong>of</strong>f and Recall<br />

An employee in the receipt <strong>of</strong> notice <strong>of</strong> lay<strong>of</strong>f pursuant to Clause 11.01 may:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

accept the lay<strong>of</strong>f; or<br />

opt to receive a separation allowance as outlined in Clause 11.06; or<br />

opt to retire, if eligible under the terms <strong>of</strong> the Hospitals <strong>of</strong> Ontario Pension Plan<br />

(HOOPP) and/or the Ontario Municipal Employees Retirement System (OMERS) as<br />

outlined in Clause 11.03; or.<br />

displace another employee who has lesser bargaining unit seniority in the same or a<br />

lower or an identical-­‐paying classification in the bargaining unit if the employee<br />

originally subject to lay<strong>of</strong>f has the ability to meet the normal requirements <strong>of</strong> the job.<br />

An employee so displaced shall be deemed to have been laid <strong>of</strong>f and shall be entitled to<br />

notice in accordance with Clause 11.01.<br />

An employee who chooses to exercise the right to displace another employee with<br />

lesser seniority shall advise the Employer <strong>of</strong> his or her intention to do so and the<br />

position claimed within seven (7) days after receiving the notice <strong>of</strong> lay<strong>of</strong>f.<br />

For purposes <strong>of</strong> the operation <strong>of</strong> Clause (d), an identical-­‐paying classification shall<br />

include any classification where the straight-­‐time hourly wage rate at the level <strong>of</strong> service<br />

<br />

straight time hourly wage rate.<br />

(e)<br />

(f)<br />

(g)<br />

(i)<br />

(h)<br />

An employee who is subject to lay<strong>of</strong>f other than a lay<strong>of</strong>f <strong>of</strong> a permanent or long-­‐term<br />

nature including a full-­‐time employee whose hours <strong>of</strong> work are, subject to Clause 21.01,<br />

reduced, shall have the right to accept the lay<strong>of</strong>f or displace another employee in<br />

accordance with (a) and (d) above.<br />

No full-­‐time employee within the bargaining unit shall be laid <strong>of</strong>f by reason <strong>of</strong> his/her<br />

duties being assigned to one or more part-­‐time employees.<br />

In the event <strong>of</strong> a lay<strong>of</strong>f <strong>of</strong> an employee, the Employer shall pay its share <strong>of</strong> insured<br />

benefits premiums for the duration <strong>of</strong> the five month notice period provided for in<br />

Clause 11.01.<br />

In determining the ability <strong>of</strong> an employee to perform the work for the purposes <strong>of</strong> the<br />

paragraphs above, the Employer shall not act in an arbitrary or unfair manner.<br />

The Employer agrees to post vacancies during the recall period, as per the job posting<br />

procedure, allowing employees on recall to participate in the posting procedure. Should<br />

the position not be filled via the job posting procedure, an employee shall have the<br />

opportunity <strong>of</strong> recall from lay<strong>of</strong>f to an available opening, in order <strong>of</strong> seniority, provided<br />

he or she has the ability to perform the work.<br />

Rainy River District Social Services Administration Board 21<br />

<strong>Local</strong> <strong>4807</strong> Collective Agreement

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!