Good Samaritan Society Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #1

BETWEEN

THE GOOD SAMARITAN SOCIETY
(A Lutheran Social Service Organization)
(hereinafter referred to as the Employer)

AND

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the Union)

RE: SEVERANCE
 

   Purpose:

1. The Parties agree that the primary purposes of the Severance Program (the Program) are to recognize the contribution of Employees, to allow Employees to leave the system with dignity, to minimize disruption, and to ensure quality and continuity of services.  Severance is one of many human resource management tools to assist with restructuring the organization.
   
   Severance Offering and Eligibility:

2. The Program will be offered in accordance with the provisions of this Letter of Understanding, over a period of time beginning the date on which the Parties exchange notice of ratification for this Collective Agreement and ending March 31, 2020, or upon ratification of a new Collective Agreement, whichever is later.

3.  

   1. Severance will be offered only as a result of organizational changes that result in the permanent elimination of regular positions occupied by Regular Employees.

   2. The timing and extent of application periods and of the offering of severance will be determined by the Employer.

   3. Program transfers affecting other bargaining units may be taken into account when assessing the extent of the permanent reduction of regular positions occupied by the Union certified regular Employees.

4. The Program, when offered by the Employer, will be open to all eligible Regular Part-time and Full-time Employees employed and working in a regular position as of the date of the Program offering.
    

   Severance Calculation

5. Where the Employer offers severance, it will be calculated as follows:

   1. The equivalent of two (2) weeks’ regular salary for each full year of continuous service to a maximum payout of forty (40) weeks.

   2. For the purposes of the Program, “regular salary” shall be calculated as follows. 
      
                                               Employee's                                         Employee's
                                              Regularly Scheduled                          Basic Rate of Pay
      Regular             =            Hours of Work as of            X             as of the date of
      Salary                             the date of application                       application to the
                                             to the Program                                    Program 

   3. For the purposes of the Program, “continuous service” will be calculated from Employee’s the last date of hire recognized by the Employer.

6. The Employee will have the option of receiving an approved severance through a payout of monies described in point 5 or working notice equivalent to two (2) weeks for each full year of continuous service to a maximum notice period of forty (40) weeks.  If the Employee chooses notice rather than a severance payout, the Employee will be entitled to take reasonable time off without loss of earnings during the notice period to attend job interviews and to pursue retraining opportunities.
    

   Severance Approval:

7.  

   1. The Employer shall have the right to accept or reject any application for severance based on operational requirements.  If there are more Employees wishing to take severance than there are positions to be eliminated, severance will be granted in order of seniority where operationally possible.

   2. Severance will not be approved if termination of the Employee does not directly result in the permanent elimination of the Employee’s full time equivalency.

   3. The Employer reserves the right to determine the date of termination, and once approved, the decision to take severance and terminate employment is irrevocable.

8. The Employer will only consider a severance application from an Employee on sick leave, WCB, or LTD where the Employee has provided medical evidence to the Employer that they are fit to return to work.
    

   Operation of the Program:

9.  

   1. Employees whose applications for severance are approved will terminate their employment and shall have no right to recall under Article 26: Layoff and Recall.

   2. Employees whose application for severance are approved will not be eligible for rehire by the Employer or any employer who is Party to an agreement containing a similar provision regarding severance, or any employer or agency funded directly or indirectly by Alberta Health Services, or Alberta Health Services itself, for the period of the severance. Employees who are co-employed by an employer funded directly or indirectly by the Alberta Health Services, or Alberta Health Services itself, at the time of the severance approval will not have their severance reduced.

   3. The Employee may be considered for re-hire by the Employer or by an employer referred to in point 9(b) provided they repay to the Employer the difference, if any, between the time they were unemployed and the length of time for which the severance was paid.

10. Severance paid under this Letter of Understanding shall be deemed to be inclusive of any and all legislative requirements for termination notice.

This Letter of Understanding shall expire on March 31, 2024, or upon the date of ratification of the next Collective Agreement, whichever is later.