Mosaic Primary Care Network Collective Agreement 2023 - 2027

Article 30: Layoff and Recall

1.  

   1. Prior to layoffs occurring, the Parties will meet and discuss the appropriate application of Article 30.02 to the circumstances, including but not limited to: 

      1. the timing and specific process to be followed;
      2. any other issue the parties deem appropriate. 

      At the time of this meeting the Employer may also discuss the possibility of offering voluntary severance to Employees who wish to leave the work force.  Employees who elect voluntary severance will be eligible for severance but will not be eligible for rehire for a period of at least two (2) years.

   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 fourteen (14) calendar days prior to layoff, except that the fourteen (14) 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 fourteen (14) calendar days after notice of layoff, the Employee shall be paid in lieu of such work for that portion of the fourteen (14) 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 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.
   4. When notice of layoff is delivered to an Employee in person, the Employee may be accompanied by a representative of the Union.
   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 work assignments to change to accommodate interviews.
2. 1. Layoff shall be in reverse order of seniority within the affected classification and site, 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. If an Employee who is subject to layoff in accordance with Article 30.02(a) is not the least senior Employee in the classification, the Employee may choose, within ninety-six (96) hours (exclusive of weekends and holidays) of the notice provided for in Article 30.01 (b), one of the following options subject to being capable and qualified to do the work:

      1. displacement of the least senior Employee in the classification or classification series;
      2. acceptance of an available vacancy within the bargaining unit;
      3. acceptance of layoff;
      4. severance, in accordance with Letter of Understanding #1 - Severance. 

      An Employee affected by layoff may elect not to displace the least senior Employee and be laid off without forfeiting recall rights. 

3. Recall
   1. The Employer shall maintain recall list(s) for all Employees on recall. Such list(s) shall be provided to the Union monthly when there are Employees on recall.
   2. When increasing the work force, recalls shall be carried out in order of seniority from the laid off Employees from all sites, provided the Employee is capable and qualified of performing the work required.
   3. When increasing the work force, recalls shall be carried out in order of seniority from the laid off Employees from all sites, provided the Employee is capable and qualified of performing the work required.
      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. 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 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-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.
   5. 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 on layoff, as long as the 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 (1st) month. The Employee’s anniversary date shall also be adjusted by the same amount of time as the layoff and the new anniversary date shall prevail thereafter. Employees shall not be entitled to Named Holidays with pay which may fall during the period of layoff.