Siksika Health Services Collective Agreement 2023-2026

Article 17: Layoff and Recall

1.  
   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 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.
   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 17.01(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.
2.  
   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. The parties shall discuss the appropriate application of the above clause.
3. Recall
   1. When increasing the work force, recalls shall be carried out in order of seniority provided the Employee is qualified and capable 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. 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-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 16.04, 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 month. 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 one (1) month's duration, the Employer shall inform
   the Employee that they may make arrangements for the payment of their contributions to the applicable benefit plan, and that they may make prior arrangement for the payment of the full premiums for applicable Employee benefit plans contained in Article 33 subject to the Insurer's requirements.