CapitalCare Collective Agreement 2020-2024

Article 30: Layoff and Recall

1. Layoff
   1. Prior to layoffs occurring, the Parties will meet and discuss the appropriate application of 30.02 to the circumstances, including but not limited to:
      1. the timing and specific process to be followed; and
      2. current seniority.

   2. In case it becomes necessary to reduce the work force by:

      1. reduction in the number of Employees; or
      2. reduction in the number of regularly scheduled hours available to 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 layoff, except that the twenty-eight (28) calendar days notice shall not apply where the layoff results from an Act of God, fire, or flood.  If the Employee laid off has not been provided with an opportunity to work their regularly scheduled hours during 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.  Where the layoff results from an Act of God, fire or flood the affected Employee shall receive pay for the days when work was not available up to a maximum of two (2) weeks pay in lieu of notice.

   3. If the Employer proposes to lay off an Employee, while they are on leave of absence, Workers’ Compensation or absent due to illness or injury, the Union and the Employer shall meet to discuss the process to be followed with respect to Employees on leaves of absence.
   4. When notice of layoff is delivered to an Employee in person, the Employee may choose to be accompanied by a representative of the Union. The availability of such representation shall not impede the notice period as identified in 30.01(b).
   5. Subject to operational requirements, Full-Time Employees who have received layoff notice shall be allowed time off for the purpose of attending job interviews during the layoff notice period. The Employer will work with Part-Time Employees who have received layoff notice to make reasonable effort to allow working hours to change to accommodate interviews.
2. Layoff shall be in reverse order of seniority within the affected classification, however, the Employer shall have the right to retain Employees who would otherwise be laid off when layoff in accordance with this Article would result in retaining Employees who are not capable and qualified of performing the work required.
3. Recall
   1. The Employer will maintain a recall list for all Employees on recall. Such listing shall be provided to the Union at the time of layoff and as changes to the list take place.
   2. 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 required.
   3. The method of recall shall be by telephone and, if such is not possible, by 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.
   4.  
      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. Notwithstanding the provisions of Article 30.03(d)(i), Casual work shall first be made available to laid off Employees of the Centre from which the Employee was laid off;
      3. A laid off Employee may refuse an offer of Casual work without adversely affecting their recall status;
      4. 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.
   5. For the purpose of this clause “Casual work” shall mean:
      1. work on a call-in 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.
   6. Notwithstanding the provisions of Article 28.04, 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.

4. 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.

5. In the case of layoff, the Employee shall accrue sick leave and earned vacation for the first thirty (30) calendar days.  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 shall not be entitled to named holidays with pay which may fall during the period of layoff.

6. In the case of layoff in excess of thirty (30) calendar days duration, the Employer shall inform the Employee that they may make arrangements, subject to the applicable Pension Board's approval, for the payment of their contributions to the applicable pension plan, and that they may make prior arrangement for the payment of the full premiums for applicable Employee benefit plans contained in Article 25 subject to the Insurer's requirements.

7. Once lay-off advice has been given, an Employee shall be allowed reasonable time off with pay to attend job interviews, if required.

8. The right to recall ends when seniority is broken, in accordance with Article 28.04.

9. The parties are directed to the CapitalCare and HSAA Joint Layoff and Recall Information Bulletin on the Employer and Union websites for further details regarding the application of this Article.