Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 23: Layoff, Displacement, and Recall

1.  
   1.  
      1. On any occasion where reorganization of the Employer’s operations will displace regular Employees in the bargaining unit, the Employer will endeavour to notify the Union at least twenty-eight (28) calendar days before the implementation of such change. The Employer will meet with the Union within this twenty-eight (28) calendar day period to discuss the changes how Employees may be affected, and discuss alternatives that may be considered to minimize the impact to the Employees.  Should mutually acceptable alternatives be identified, the Parties may consider entering into a written agreement setting out the alternatives.
      2. For the purposes of Article 23, "layoff" will mean:
         1. elimination of regular positions within the bargaining unit; or
         2. reduction in the number of regularly scheduled hours available to one (1) or more regular full-time Employees; or 

         3.  

            1. reduction of a regular part time employee’s full time equivalent of greater than .2 FTE for eight (8) consecutive weeks or longer, or 
            
            2. reduction of regularly scheduled hours available to one or more regular part time Employees such that the regular part time Employee would not remain benefits eligible per Article 18.

      3. Subject to the notice provision under 23.01 (a) (i), in the case of a reduction in the work force as outlined in 23.01 (a) (ii), the Employer will notify Employees who are to be laid off within that Centre/satellite site twenty-eight (28) calendar days prior to the layoff, and shall forward to the Union a copy of the notice of layoff forthwith.
      4. If the Employee laid off has not been provided the opportunity to work their regularly scheduled hours during the twenty-eight (28) calendar days after notice of layoff, the Employee shall be paid in lieu of such work for that portion of the twenty-eight (28) calendar days during which work was not made available.
      5. The twenty-eight (28) calendar days’ notice shall not be required where layoff results from an act of God, fire, or flood.  Where the layoff results from an act of God, fire or flood, the affected Employees shall receive pay for the days when work was not available up to a maximum of twenty-eight (28) calendar days pay in lieu of notice.
   2. Wherever possible, notice of layoff will be delivered in person to an Employee in the presence of a Union representative if one is available on the day the Employer intends to issue such notice to affected Employees.  If the Employer has been unable to reach an Employee by telephone for at least two (2) calendars days (excluding Saturdays, Sundays, and Named Holidays) to schedule a meeting for the purposes of providing layoff notice it may serve notice of layoff by either by double registered letter or by courier, to the Employee’s most current address on file. Layoff notices issued by registered letter or by courier shall be considered served effective the date of registration.
   3. If the Employer determines it is necessary to layoff an Employee while they are on Maternity or Parental leave of absence, Workers Compensation or absent due to illness or injury, they shall not be served with notice under this Article until they have advised the Employer of their readiness to return to work.
2. Layoff of Employees
   1. The Employer reserves the right to determine where layoffs will occur.  The Employer reserves the right to layoff Employees within a classification from a department and/or section within that Centre/satellite site subject to Article 23.02 (b)
   2. Subject to the provisions of Article 23.02 (c), layoff shall occur in reverse order of seniority within a classification, department, and/or section within that Centre/satellite site.  
   3. The Employer will have the right to retain Employees who are qualified and capable of performing the remaining work who would otherwise be laid off when layoff in accordance with Article 23.02 (b) would result in retaining Employees who are not qualified and capable of performing the work required.
3. Continuation of Collective Agreement Provisions During Layoff
   1. Upon request of the Employee in writing, one (1) week prior to the date of layoff, the Employee may request the following options:
      1. continuation of the benefits they are enrolled in prior to the date of layoff, with the same cost sharing arrangements of premiums as was in place prior to the date of such layoff, for a period of one (1) month commencing on the date of layoff.  The Employee must pay their share of premiums prior to being laid off;
      2. in addition, if requested in writing, the Employee may continue benefits coverage for an additional period of eleven (11) months, subject to the rules and regulations under the existing group insurance policy, conditional upon the Employee making prior arrangements for the payment of the full cost of the premiums (Employee’s and Employer’s share) of those insured benefit plans the Employee was enrolled in, prior to the date of layoff.  
      3. If requested, in writing, an Employee’s Pension contributions may be continued subject to the rules and regulations of the Pension Plan.
   2.  
      1. A laid off Employee shall continue to accrue sick leave service credits for future entitlement during the first (1st) month of layoff.
      2. Commencing with the first day of layoff, the Employee shall cease to accrue all benefits and rights provided for in this Agreement with the exception of seniority, discipline, grievance and arbitration rights and rights under this Article which will continue during the period of layoff.
      3. The Employee’s increment date shall also be adjusted by the same amount of time as the layoff and the new increment date shall prevail thereafter.  Employees will not be entitled to named Holidays with pay which may fall during the period of layoff.  
4. Displacement
   1.  
      1. An Employee who has been given a layoff notice shall have up to four (4) days following the date of notice (excluding Saturdays, Sundays and Named Holidays) to provide the Employer with written notification of their decision to displace the least senior Employee in the bargaining unit within that Centre/satellite site with the same full-time equivalency (FTE) in the same classification providing they are qualified and capable of performing the work and provided they have greater seniority.
      2. If such position is not available, the Employee will displace the least senior Employee in the same classification within that Centre/satellite site, whose FTE is nearest to the Employee exercising displacement rights providing the Employee exercising displacement rights is qualified and capable of performing the work and provided they have greater seniority.  
      3. If displacement in the same classification is not available, the Employee will have the right to displace the least senior Employee within that Centre/satellite site in a lower classification whose regular earnings level is nearest to, but not greater than, the Employee exercising displacement rights provided the Employee exercising displacement rights is qualified and capable of performing the work and provided they have greater seniority.
      4. The Employer will identify the affected position and Employee pursuant to this clause and will advise the Employee being laid off of their displacement option.
      5. For the purposes of Article 23, "lower classification" will mean another classification in Article 25.02 with a lower pay range.
      6. The effective date of such displacement shall be determined by the Employer.
   2.  
      1. Wherever possible, notice of layoff as a result of displacement will be delivered in person to an Employee in the presence of a Union representative if one is available on the day the Employer intends to issue such notice to an affected Employee.  If the Employer has been unable to reach an Employee by telephone for at least two (2) calendars days (excluding Saturdays, Sundays, and Named Holidays) to schedule a meeting for the purposes of providing layoff notice as a result of displacement it may serve notice of layoff by either by double registered letter or by courier, to the Employee’s most current address on file. Such layoff notices issued by registered letter or by courier shall be considered served effective the date of registration.  Copies of all such layoff notices will be provided to the Union.
      2. An Employee who will be displaced pursuant to (b) above shall have up to four (4) days following the date of notice of being laid off (excluding Saturdays, Sundays and Named Holidays) to provide the Employer with written notification of their decision to displace an Employee in accordance with the displacement methods specified in (a) above.  The effective date of such displacement shall be as determined by the Employer.
   3. An Employee who displaces into a position with a lower pay scale shall be placed on the step in the lower pay scale that is equivalent to their basic hourly rate of pay or the next higher step in the pay scale if no equivalent hourly rate is found. If such placement in the new scale is not possible the Employee shall be placed on the last step of the new scale.
   4. An Employee who is laid off or is displaced and who does not have the opportunity to displace another Employee will be considered to be laid off and will be entitled to recall rights under Article 23.06 and all other applicable provisions pursuant to Article 23.
   5. An Employee who exercises their displacement rights under this Article shall lose their recall rights and the provisions of Article 23 shall no longer apply.
   6. Exercising displacement right under this Article will not result in a promotion.
   7. Employees failing to exercise their displacement rights within the time limits stated above, will be laid off and placed on recall.
   8. For the purposes of Article 23.04, “displacement” shall mean the movement of Employees between positions under the conditions outlined in 23.04 (a) or (b) as applicable.  
5. Severance
   A regular Employee who is laid off and who does not displace another employee may, instead of being placed on the recall list, elect to receive a severance payment of two (2) weeks of regular earnings per year of service, to a maximum of forty (40) weeks. Regular earnings for regular part time Employees shall be based on the Employee’s average regular weekly earnings in the twenty-six (26) weeks immediately preceding the layoff.
   
   The employment of an employee who elects severance shall be terminated.
6. Recall Rights
   1. When increasing the work force, recall shall be carried out in order of seniority within that Centre/satellite site provided the Employee has the ability to perform the available work.  Vacancies within the Employee’s Centre/satellite site shall be offered to Employees on recall who are qualified and capable to perform the available work on the basis of seniority within that Centre/satellite site, provided the vacancy is in the same classification with the same or smaller FTE as the Employee’s pre-layoff FTE within that Centre/satellite site.
   2. The method of recall shall be by telephone and, if such is not possible, by courier or double registered letter sent to the Employee’s last known place of residence in the Employer’s records. The Employee so notified shall return to work as soon as possible but not later than five (5) working days following the date of the telephone call or the date the letter was registered.
   3. Subject to 23.06 (b) and (d), if the Employee does not report within this five (5) working day period, or if in the case of a registered letter such registered letter is returned to the addressee (the Employer), the recall shall be deemed to have been carried out and henceforth such Employee shall be deemed to have voluntarily terminated their employment with the Employer.
   4. Rights to recall shall continue until the Employee has been recalled to a regular position in their former classification and FTE or upon the expiry of twelve (12) months following layoff, whichever occurs first.  An Employee who refuses recall under this article shall be considered to have voluntarily terminated their employment
   5. If an Employee accepts a temporary assignment pursuant to this Article then that Employee’s period of recall rights shall be extended by the same duration as the temporary assignment.
   6. The Employer shall maintain a recall list for all employees including classification and pre-layoff full time equivalency (FTE) on recall. In layoff situations, an initial recall list and changes to such list will be communicated to the Union.
7. Regular Vacancies
   1. A laid off employee at the time of notice pursuant to Article 23.01 shall be offered a regular vacant position in any classification for which they are qualified and capable (as per Article 23.11) within that Centre/satellite site, in the bargaining unit.  
   2. Pursuant to Article 23.07 (a), an Employee who accepts a position in a classification with a lower pay scale, shall be placed on the step in the lower pay scale that is equivalent to their basic hourly rate of pay at the time of their layoff or, on the next higher step in the pay scale if no equivalent hourly rate is found. If such placement on the new scale is not possible, the Employee shall be placed on the last step of the new scale. The Employee’s increment date will be adjusted by the same amount of time as the layoff and the new increment date will prevail after that.
   3. An Employee who accepts a position under (a) above shall maintain residual right of recall to their pre-lay off classification and FTE during the recall period.
8. Reinstatement of Collective Agreement Provisions
   An Employee who accepts a vacant position or who is recalled from layoff pursuant to this article will have their sick leave bank reinstated to the balance they had accrued prior to the date of layoff.  The Employee’s anniversary increment date, sick leave and vacation increment date shall be adjusted by the same amount of time as the layoff and the new increment date shall prevail thereafter.  Where an Employee opted not to continue to participate in the Benefits program, pursuant to article 23.03, such Employee’s insured Benefits Plan and Pension Plan shall also be activated in accordance with the rules and regulations of these plans, where applicable.
9. Casual/Temporary Work
   1.  
      1. The Employer shall endeavor to offer opportunities to laid off Employees for casual or temporary work in order of their seniority within that Centre/satellite site before assigning the work to a part time Employee seeking additional hours or a casual Employee, providing the laid off Employee is qualified and capable of performing the work required.
      2. An Employee who is performing temporary work pursuant to Article 23.09 (a) shall not be eligible for subsequent temporary work opportunities during that initial period of temporary work.   Upon conclusion of such initial period of temporary work, such Employee will become eligible for subsequent temporary work opportunities as they may arise thereafter.
   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/temporary work shall be governed by the Collective Agreement provisions applicable to a casual/temporary Employee, however, such Employee’s recall status and seniority standing upon recall shall not be affected by the period of casual/temporary employment.
   4. For the purpose of this Article “Casual Work” shall mean: work as outlined in article 2.07.
   5. For the purpose of this Article “Temporary Work” shall mean:  work as outlined in article 2.06.
10. No new regular or temporary Employees will be hired while there are other Employees in the same classification in the Centre/satellite site on recall who are capable and qualified of performing the work required, until the Employer has determined such Employees on recall would not be available.
11.  
    1. For the purposes of this Article, “qualified and capable of performing the work” shall be assessed by the Employer recognizing the need to provide a period of familiarization and orientation of the duties and responsibilities required of the position.
    2. An Employee who in the opinion of the Employer fails re-certification or is found to lack the ability to perform the work following the orientation or re-certification period shall be placed on recall status and the provisions of Articles 23.03, 23.05, 23.06, 23.07, 23.08, and 23.10 shall continue to apply henceforth.  Such Employee will not be eligible to displace another Employee pursuant to Article 23.04
12. The operation of this Article shall not be considered a violation of the provisions of Article 12.
13. For the purposes of Article 23, a classification shall be defined as set out in Article 25.02.