Bethany Care Society Collective Agreement 2020-2024

Article 31: Layoff and Recall

1. It is the exclusive right of the Employer to:
   1. establish, and vary from time to time; the job classifications and the number of Employees if any, to be employed in any classification, or in any work place of the Centre; and
   2. assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unit when Employees from within this Bargaining Unit are not available.
2. The Employer and the Union shall meet fourteen (14) days prior to a layoff process occurring. The purpose of this meeting is to discuss the process of how layoffs will take place, review the current seniority list and discuss other relevant factors the parties agree upon.
3. When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to reduction of the work force, or reduction in regularly scheduled hours of work, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee and the Union at least fourteen (14) calendar days prior to the date of layoff. Such displacement shall be in reverse order of seniority within the Employee's classification in the affected work area.   However, the Employer shall have the right to retain Employees who would otherwise be displaced when displacement in accordance with this Article would result in retaining Employees who are not capable and qualified to perform the work required.
4. Where the layoff results from an act of God, fire, flood or work stoppage by Employees not covered by this Collective Agreement, the fourteen (14) calendar days notice is not required.
5. A consultation meeting will be arranged by the Employer between the Employee, the Employer Representative(s) and the Union Representative(s) and will occur after the layoff notice is served on the Employee.  The consultation process will not be delayed as a result of the unavailability of the Union Representative.  When notice of layoff or displacement is delivered to an Employee in person, the Employee may be accompanied by a representative of the Union, if one is available.
   
   An Employee whose position is being eliminated or whose regularly scheduled hours are being reduced or who is being displaced by a more senior Employee shall have up to twenty-four hours (excluding Saturdays, Sundays and Named Holidays) from the consultation meeting to provide the Employer with written notification of their choice to displace the least senior Employee in the bargaining unit who does not have a larger FTE in the same or lower classification provided they are qualified and capable of performing the work remaining and provided they has greater seniority than the least senior Employee in the bargaining unit who does not have a larger FTE in the same or lower classification.
6. To assist the Employee in indicating a preference of alternate positions, the Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the consultation with the Employer.  Consultation meetings shall not proceed until Employees have had access to such information.

7. Employees who:

   1. refuse an offer by the Employer of alternate work in the bargaining unit for which they are qualified and capable to perform the work; or
   2. are not capable or qualified to perform the remaining work; or
   3. are not able to displace a less senior Employee,

   shall be provided with not less than fourteen (14) calendar days notice specifying the date on which they will be laid off.

8. If the Employer proposes to layoff an Employee, while they are on leave of absence, Workers’ Compensation or absent due to illness or injury, they shall not be served with notice of layoff until they have advised the Employer of their readiness to return to work.
9. Employees affected by temporary layoff may elect to maintain coverage of contributory plans specified in the Employee Benefit Article of this Collective Agreement, provided that the Employee makes prior arrangements to pay the full premium costs.  In the event the Employee works casual shift(s) the Employee shall remain responsible for the payment of the full premium costs and their recall status shall not be adversely affected.
10. 1. The Employer shall endeavour to offer opportunities for casual work to laid off Employees in order of their seniority before assigning the work to a casual Employee, providing the laid off Employee is qualified and capable of performing the work required.
    2. A laid off Employee may refuse an offer of casual work without adversely affecting their recall status.
    3. An Employee who accepts an offer of casual work shall be governed by the Collective Agreement provisions applicable to a Casual Employee.  However, such Employee’s recall status and seniority standing upon recall shall not be affected by the period of casual employment.
11. For the purpose of this clause, “Casual Work” shall mean:
    1. work on a call-basis which is not regularly scheduled;
    2. regularly scheduled work for a period of three (3) months or less for a specific job; or
    3. work to relieve for an absence the duration of which is anticipated to be three (3) months or less.
12. No new regular or temporary Employees will be hired while there are other Employees within the bargaining unit on layoff as long as laid off Employees are qualified and capable of performing the work required.
13. Recall
    1. When increasing the work force, recalls shall be carried out in order of seniority provided the Employee is capable and qualified of performing the work available.  Vacancies shall be offered to Employees on recall who are capable and qualified to perform the available work on the basis of seniority, provided the vacancy is in the same classification with the same or smaller FTE as the Employee’s pre-layoff FTE.
    2. The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence.  The Employee so notified will return to work as soon as possible but, in any event, not later than five (5) days following either the date of the telephone call or the date the letter was registered.
    3. Rights to recall shall continue until an Employee has been recalled to a position in their pre-layoff/displacement classification whose hours of work are at least fifty percent (50%) of their pre-layoff/displacement hours of work or until the expiry of twelve (12) months following the layoff, whichever occurs first.
    4. If an Employee, who has not accepted recall to work, declines an offer of recall of at least 50% of the hours of their pre-layoff position, they shall be deemed to have voluntarily terminated their employment.
    5. If an Employee, who has accepted a recall to work, declines a further offer of recall, they shall forfeit any remaining recall rights.
14. The operation of this Article, including revision to shift schedules caused by lay-off or displacement, shall not constitute a violation of the terms of this Collective Agreement.
15. Notwithstanding the provisions of this Article, if an Employee is recalled for any length of time, other than for Casual Work, then that Employee’s period of recall rights starts anew.