Carewest Collective Agreement 2020-2024

Article 30: Layoff and Recall

Intent:    Layoff and displacement provisions are designed to minimize the loss of trained professionals within the specific programs.  Both parties recognize the Employer’s requirement of provision of service and continuity of care to residents within a program-based structure.

1. Definitions

   1. For the purposes of this Article, "Partial Recall" shall mean when an Employee accepts a recall offer which is lesser than their regular position prior to layoff in terms of classification level, permanency of the position, or hours of work designation.

   2. For the purposes of this Article, "Relatively Whole" shall mean when an Employee has been Partially Recalled into a position which has the following characteristics:

      1. The position has the equivalent classification level as their position prior to layoff; and

      2. The position is permanent in nature; and

      3. If the Employee was full-time prior to the layoff, the position must entail no greater than a .2 Full-time Equivalency (FTE) decrease from full-time; or

      4. If the Employee was part-time prior to layoff the position must adhere to the following criteria:

         Former Position       Maximum Decrease
         .7 to .9 FTE               no greater than a .15 FTE decrease
         .4 to .6 FTE              no greater than a .10 FTE decrease or no decrease that results in the position becoming benefit ineligible
         less than .4 FTE       no greater than .10 FTE decrease

   3. For the purposes of this Article, “Whole” shall mean that, as a result of the layoff/recall process, an Employee is restored to a position which is equivalent to the position that they held prior to layoff in terms of classification level, permanency of the position, and hours of work designation.

2.  

   1. 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 and meet with the Union and affected Employees prior to issuing layoff notice(s) to discuss options to minimize the impact on staff and residents. Employees who are to be laid off shall be provided at least twenty-eight (28) calendar days' notice 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 four (4) weeks’ pay in lieu of notice.

   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. When notice of layoff is delivered to an Employee in person, the Employee may be accompanied by a representative of the Union, if one is available.

3.  

   1. Layoff shall be in reverse order of seniority. 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.

   2. When it becomes necessary to eliminate or reduce the FTE of a position within the bargaining unit, the affected Employee will, subject to (c) below, be offered the first available option in the following order, provided that they are capable and qualified to perform the work associated with the position:

      1. Select a vacant position within the bargaining unit which will make them Whole;

      2. Displace the least senior Employee in their program within the bargaining unit and same classification;

      3. Displace the least senior Employee within the bargaining unit and same classification;

      4. Assume a position within the bargaining unit which will bring the Employee closest to Whole by either selecting a vacant position or displacing a less senior Employee in the bargaining unit. If two (2) or more positions are equal (in terms of classification, permanency and hours of work designation), the Employee will be offered the first available option in the following order:

         1. Vacant position;

         2. Displacement of least senior Employee in their program within the bargaining unit and same classification.

         3. Displacement of least senior Employee at another site within the bargaining unit.

      5. Accept layoff with recall rights.

   3. In circumstances where an Employee’s position will sustain a reduction in FTE only, the Employee may elect to remain in the position and retain the layoff/recall rights specified in (e) below.

   4. An Employee selecting a vacant position or displacing into a position which does not make them whole shall have access to recall rights as provided in the Collective Agreement.

   5. An Employee who elects to stay in their own position, and thereby sustaining a reduction in hours of work (a “Partial Layoff’), shall be entitled to the following layoff/recall rights:

      1. If no layoff/recall opportunity exists at the time of Partial Layoff which would make the Employee Relatively Whole or which would bring the Employee closer to Whole than their current position, full layoff/recall rights;

      2. If a layoff/recall opportunity exists at the time of Partial Layoff which would make the Employee Relatively Whole and bring them closer to Whole than their current position, the Employee will be deemed to have rejected one (1) recall offer pursuant to Article 30.09(d) but will otherwise retain normal layoff/recall rights;

      3. If a layoff/recall opportunity exists at the time of Partial Layoff which would make the Employee Whole, the Employee will forfeit all layoff/recall rights in accordance with Article 30.09(c).

4. Recall

   1. When increasing the workforce, recalls shall be carried out in order of seniority provided the Employee is capable and qualified of performing the work required.

   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.  

      1. The Employer shall endeavor 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 30.04(c)(i), where the Employer has a multi-site facility, casual work shall first be made available to laid off Employees of the specific location 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.

   4. 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.

5. The Employer shall maintain a recall list which includes the names of Employees on full layoff and those on Partial Layoff.

6.  

   1. 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.

   2. Rather than being posted, vacancies shall be offered (in accordance with Article 30.04(b)) to Employees on the recall list who are capable and qualified, on the basis of seniority, provided that the vacancy does not constitute a promotional opportunity for them relative to the position that they held prior to layoff in terms of classification level, or hours of work designation.

7. In the case of layoff, the Employee shall accrue sick leave and earned vacation for the first (1st) month. The Employee’s increment date shall also be adjusted by the same amount of time as the lay-off 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.

8. In the case of layoff in excess of one (1) month’s 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.

9. Layoff/recall rights will terminate as a result of one (1) of the following:

   1. Upon acceptance of a position which makes the Employee Whole;

   2. Upon the expiry of twenty-four (24) months from the date of layoff regardless of whether the Employee has remained on full layoff or Partial Layoff or Partial Recall;

   3. By the rejection of a recall offer which would render the Employee Whole;

   4. By the rejection of a second recall offer which would render the Employee Relatively Whole.