Covenant Health Collective Agreement 2020-2024

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.

   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. An Employee whose position is permanently relocated to a Site beyond fifty (50) kilometres from their original Site shall have the option of accepting transfer to the new Site or exercising rights under Article 30.02.

   4. 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. 

   5. The Union will be notified at least two (2) working days (forty-eight (48) hours) in advance of the date when the notice of layoff is to be issued.  When notice of layoff is delivered to an Employee in person, the Employee shall be accompanied by a representative of the Union.

   6. Subject to operational requirements, Employees who have received layoff notice shall be allowed to access banked or vacation time for the purpose of attending job interviews during the layoff notice period. 

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, within a fifty (50) kilometer radius from the Site, the Employee may choose 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, within a fifty (50) kilometer radius from the Site; 

      2. acceptance of an available vacancy within the bargaining unit;

      3. acceptance of layoff;

      4. severance, in accordance with Letter of Understanding #2 - Severance.

      An Employee affected by layoff may elect not to displace the least senior Employee and be laid off without forfeiting recall rights.
      
      If the Employee chooses a vacancy or displacement in a different Site from which they were laid off, the Employee shall bear all applicable travel and/or relocation costs associated with such acceptance and the chosen location becomes the Employee's new Site.

   3. Where an Employer's organization is structured such that a classification is employed in more than one (1) department or program within the Site, the Employee will have the following options in advance of having to adhere to Article 30.02(b):

      1. acceptance of an available vacancy; or

      2. displacement of the least senior Employee in the classification or classification series in the Site;

      3. acceptance of layoff;

      4. severance, in accordance with Letter of Understanding #2 - Severance.

      If the Employee chooses a vacancy in a different Site from which they were laid off, the Employee shall bear all applicable travel and/or relocation costs associated with such acceptance and the chosen location becomes the Employee's new Site.

3. Recall

   1. The Employer shall maintain recall list(s) for all Employees on recall. Such list(s) shall be provided to the Union quarterly 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 within a fifty (50) kilometer radius of the vacancy, 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 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.

   4.  

      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 30.03(c)(i), casual work shall first be made available to laid off Employees of the Site 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.

   7. Notwithstanding Article 28.04(c), an Employee shall have the right to refuse a recall to a position which is located at a Site other than their current Site without adversely affecting the Employee's recall rights except at the Site to which the recall was refused. 

4. No new Regular or Temporary Employees will be hired while there are other Employees within a fifty (50) kilometer radius of the Site(s) where there are 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 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 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.