Canadian Blood Services (Transport Unit) Collective Agreement 2017-2021

Article 22: Layoff

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) day period to discuss the changes and how the Employees may be affected.
      2. For the purposes of Article 22, “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 point two (0.2) FTE for eight (8) consecutive weeks or longer, or
            2. reduction of regularly scheduled hours available to one (1) or more regular part-time Employees such that the regular part-time Employee would not remain benefits- eligible per Article 17.
      3. Subject to the notice provision under 22.01 (a)(i), in the case of a reduction in the work force as outlined in 22.01 (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 at the workplace in the presence of an 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) calendar 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 lay off Employees within a classification at the Centre/satellite site, subject to Article 22.02(b).
   2. Subject to the provisions of Article 22.02(c), layoff shall occur in reverse order of seniority within a classification, 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 22.02(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 insured 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, subject to the rules and regulations of the insured benefit plan, 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 insured benefits coverage for an additional period of eleven (11) months, conditional up 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, in accordance with the rules and regulations of the insured benefits plan.

      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 month of layoff.

      2. Commencing with the first day of layoff, the Employee shall cease to accrue vacation and anniversary increments.  Employees will also lose all rights provided for in this Agreement with the exception of discipline, grievance and arbitration rights, and rights under Article 22.04.  Seniority for regular Full-time Employees will continue to accrue 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. Recall Rights

   1. When increasing the work force, recall shall be carried out in order of seniority within that Centre/satellite provided the Employee has the ability to perform the available work.  Driver 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 22.04(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. Notwithstanding other provisions of this Article, 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.

   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 on recall.  In layoff situations, an initial recall list and changes to such list will be communicated to the union.

5. Regular Vacancies

   1. A laid off Employee at the time of notice pursuant to Article 22.01 shall be offered a regular vacant driver position within that Centre/satellite site.

   2. 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.

6. Reinstatement of Collective Agreement Provisions
   
   An Employee who accepts a vacant driver 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 and as set out under Article 22.03(b)(i).  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 22.03, 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.

7. Casual/Temporary Work

   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. A laid off Employee may refuse an offer of casual/temporary 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.

8. Subject to 22.07 (a), no new regular or Temporary Employees will be hired while there are other Employees in the same classification in the Centre/satellite site who still possess the right to be recalled, until the Employer has determined such Employees on recall would not be available.

9.  

   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 and or re‑certification period shall be returned to layoff status and henceforth only Article 22.04 shall apply to such Employee.

10. Severance
    
    A regular Employee who is laid off and who does not displace another employee may, instead of being placed on recall, 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.