Bonnyville Health Centre Collective Agreement 2020-2024

Article 35: Layoff/Displacement/Recall Procedure

1. Prior to the implementation of the provisions of this Article, the Employer will meet with the Union to inform the Union of the Employer’s intentions, discuss the appropriate application of this Article under the circumstances, and provide the Union with current seniority lists and any other relevant information.
2. 1. In case it becomes necessary to reduce the workforce by reduction of the number of Employees or the reduction in the number of regularly scheduled hours available for one (1) or more Employees, the Employer will notify the Union and all Employees who are to be laid off at least twenty-eight (28) calendar days prior to the layoff, except that the twenty-eight (28) calendar days’ notice shall not apply where the layoff results from an Act of God, fire, flood, or work stoppage by Employees not covered by this Collective Agreement. If the Employee being laid off is not provided with an opportunity to work their scheduled hours during the twenty-eight (28) calendar days after notice of position removal, the Employee shall be paid their Basic Rate of Pay in lieu of such work for that portion of the twenty-eight (28) calendar days during which work was not made available. In any event, the Employee will be paid no less than that which is provided for in the Employment Standards Code.
   2. 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 under sub-article (a) until they have advised the Employer of their readiness to return to work.
3. 1. Layoff shall be in reverse order of seniority within the affected classification and department.
   2. At the time of providing written notice of layoff a consultation meeting will be arranged by the Employer, between the Employee, the Employer and the Union, at which time the Employer shall advise the Employee of their retention options according to Articles 35.04 and 35.05, provided the Employee has the requisite job-related skills, training, knowledge and ability to perform the work required in the retention options.
4. The Employee shall be presented with the following vacancy options:
   1. vacant position(s) within their same occupational group and comprised of:
      1. the same FTE and pay grade;
      2. the same FTE and lower pay grade; and
      3. a lower FTE and same or lower pay grade.
   2. vacant position(s) within the bargaining unit. Such vacant position(s) shall be comprised of the:
      1. same or lower FTE; and
      2. same or lower pay grade.
   3. An Employee who declines a vacant position pursuant to Article 35.04(a)(i) shall not be eligible for another vacant position, or to displace into an occupied position within the bargaining unit pursuant to Article 35.05 and shall be laid off and forfeit their recall rights.
5. Subject to Article 35.04(c), an Employee who is not placed in a vacant position pursuant to Article 35.04 shall be presented with the following displacement options:
   1. an occupied position within their same occupational group. Such displacement shall affect the least senior Employee within their same occupational group in a position comprised of:
      1. the same FTE and pay grade; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such Employee shall exercise displacement options under 35.05(a)(ii).
      2. the same FTE and lower pay grade; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such Employee shall exercise displacement options under 35.05(a)(iii).
      3. a lower FTE and same or lower pay grade; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such Employee shall exercise displacement options under 35.05(b).
   2. an occupied position within the bargaining unit. Such displacement shall affect the least senior Employee within their same occupational group in a position comprised of the:
      1. same or lower FTE; if the least senior Employee in this category is not less senior than the Employee exercising displacement rights, then such Employee shall exercise displacement options under 35.05 (b) (ii).
      2. same or lower pay grade.
   3. An Employee who declines displacement under Article 35.05(a)(i) shall not be eligible to displace into another occupied position within the bargaining unit pursuant to Article 35.05(b) and shall be laid off and forfeit their recall rights.
   4. The Employer and the Union shall discuss the order in which displacement options should be exercised to ensure minimal impact to more senior Employees.
6. The Employee shall have seventy-two (72) hours from the date of the consultation meeting in Article 35.03 to advise the Employer of their decision under Articles 35.04 and 35.05.
7. Subject to Articles 35.04(c) and 35.05(c), an Employee who elects to not exercise their rights under Articles 35.04 and 35.05 shall be laid off with recall rights.
8. An Employee who is displaced as a result of another Employee exercising their rights under Article 35 shall be entitled to exercise their rights in accordance with Articles 35.03 to 35.07.
9. Recall
   Employees on layoff or who have had their normal hours of work reduced shall have priority for additional hours up to their normal hours of work.
10. 1. Recall shall occur in order of seniority and shall be to a position in the Employee's previous or lower pay grade and FTE within their previous occupational group, provided the Employee has the requisite job-related skills, training, knowledge and ability to perform the work.
    2. Recall rights shall be forfeited:
       1. if an Employee refuses recall to a position within the same occupational group, pay grade, and FTE for which the Employee had the requisite job-related skills, training, knowledge and ability to perform the work;
       2. if an Employee accepts recall and returns to a position in their previous occupational group, pay grade and FTE;
       3. if an Employee applies on, and is the successful applicant, on a position posted pursuant to Article 32;
       4. when twenty-four (24) calendar months from the date of an Employee's initial lay off has passed, inclusive of any periods of casual or temporary employment.
    3. A Regular Employee on layoff shall not be deemed to have abandoned their recall rights to their pre-layoff position by virtue of accepting recall to a temporary position, or position with a lower FTE or pay grade.
11. The method of recall shall be by telephone, Covenant Health email address or the Employee’s personal email; as chosen by the Employee. Where the Regular Employee chooses to be contacted via telephone or personal email address, the onus is on the Employee to keep their information up to date. The Employee so notified, will return to work as soon as possible but not later than five (5) days, or other mutually agreed date, following the date of the telephone call or the date of the email.
12. Subject to the terms and conditions of policies and contracts entered into with the underwriters of the Plans:
    1. the Employer shall make payment for its share of the full premium of the benefits referred to in Article 26: Employee Benefits on behalf of the laid off Employee, for a maximum of one (1) month's premium.
    2. Employees laid off for more than one (1) month may, with the assistance of, or through the Employer, make prior arrangements for payment of the full premiums of the benefits referred to in Article 26: Employee Benefits.
13. Other than for the continuance of seniority, grievance and arbitration rights, and rights and benefits arising under this Article, an Employee's rights while on layoff shall be limited to the right of recall.
14. No new Employees will be hired into a classification within an occupational group while there are other Employees on layoff who were employed in that or a higher classification within that occupational group who have the requisite job-related skills, training, knowledge and ability to perform the work required, and who are prepared to accept recall pursuant to Article 35.10.
15. If several Employees will be affected by layoff from several positions, the Employer and Union may mutually agree to an alternate process that minimizes the impact to affected Employees and the Employer.
16. In the event an Employee will be laid off from their position due to technological change, the Employer will notify the Union with as much advance notice as possible of such change and will meet and discuss reasonable measures to protect the interest of an affected Employee.
17. When an Employee has been given notice of layoff in accordance with the notice provisions of this Article, and the Employee is actively seeking replacement employment, the Employer will grant the Employee reasonable time off without loss of pay for the purpose of attending an employment interview on the following conditions:
    1. The Employee notifies the Employer at least twenty-four (24) hours prior to the interview;
    2. The Employee will be allowed a maximum of fourteen (14) hours off for the purpose of attending job interviews during the notice period; and
    3. The Employee provides the Employer with written confirmation that the Employee attended the job interview.
18. For the purpose of Article 35:
    1. "partial layoff' shall mean a Regular Employee who has, due to the application of Article 35:
       1. suffered a reduction in regularly scheduled hours in their current classification; or
       2. been placed in a different classification in their current paygrade, either at the same or a lower FTE as their current position; or
       3. been placed in a classification in a lower paygrade, either at the same or a lower FTE as their current position.
    2. "full layoff' shall mean a Regular Employee who does not hold a regular position due to the application of Article 35.
    3. "layoff' shall mean a Regular Employee who is either on partial layoff or on full layoff.