WCB – Alberta (Millard Health) Collective Agreement 2021-2024

Article 19: Position Abolishment

1. Should the Employer find it necessary to abolish a position which is covered by this Collective Agreement, the Employer shall provide written notification to the affected Employee and the Union noting what positions are being abolished and the date such abolishment is to occur. The Union and the Employer will meet and discuss reasonable measures to protect the interests of Employees so affected. Further:

   1. In the event notice of position abolishment is given under this Article and where alternate comparable employment with the Employer is not arranged, any Employees occupying such positions shall be terminated.  However, the Employees affected shall be determined by reverse order of seniority and shall receive the following termination benefits:

      1. employees shall receive one (1) month notice for each full year of continuous employment to a maximum of twelve (12) months. Partial years of service shall be prorated accordingly in the calculation of notice. At the Employer’s option, Employees may be given pay in lieu of notice. An affected Employee may resign in writing at any time during the notice period and receive termination pay in lieu of notice for any remaining portion of the notice period; and
      2. employees with less than one (1) year of continuous service shall be provided notice or pay in lieu of notice prorated based on the above noted formula.

      In the event the Employee works the notice period the Employer may, with the concurrence of the Employee, assign such Employee duties of a classification other than the Employee’s normal classification.

   2. If a job is secured at a lower paid classification the Employee’s rate of pay shall be red-circled for a period of twelve (12) months from the date the Employee is placed into the lower paid classification, after which, the Employee’s rate of pay shall be adjusted to the rate within the lower paid classification which most closely corresponds with the red-circled rate of pay.
   3. If the Employer rehires the Employee during the period of notice or severance for which the Employer has made payment of severance or in lieu of notice in accordance with this part, the Employee shall repay to the Employer the difference, if any, in money based upon the difference in time between the period of unemployment, and the length of time for which payment of severance or in lieu of notice was made.