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ARTICLE 12 - WORKFORCE ADJUSTMENT |
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WORKFORCE ADJUSTMENT Article 12 12.02 - Workforce Adjustment Process 12.04 - Notice to Regular Employees on Leave (a) The parties recognize that workforce adjustments may be necessary due to a reduction in the amount of work required to be done by the Company, the reorganization of work, contracting out, the relocation of positions, and changes in or the elimination of programs and services. (b) The Company shall provide the Union in writing with 45 calendar days notice (30 calendar days for individual or group layoffs affecting 5 or less employees) of the workforce adjustment. The notice shall identify the reason for the workforce adjustment, the classification and location of employees directly affected, whether the Company intends to implement a pre-adjustment canvass, and the nature of such canvass. This notice may run concurrent with any notice of layoff to regular employees in accordance with Clause 12.04. (c) The Company will consult with the Union regarding the workforce adjustment and shall meet within seven (7) calendar days of receipt of the notice referred to in Clause 12.01(b) in order to work cooperatively to facilitate the workforce adjustment in the best manner possible for the employees affected. 12.02 – Workforce Adjustment Processes The following processes are available to facilitate workforce adjustments: (a) Pre-Adjustment Canvass 1. At the discretion of the Company, a pre-adjustment canvass may be implemented. The pre-adjustment canvass may be general or targeted to specific employee classifications, work groups, or work locations. 2. The pre-adjustment canvass shall call for eligible employees to decide within fourteen (14) calendar days whether they want to retire, to take early retirement, or to sever their employment. A copy of the notice to employees shall be provided to the Union. 3. A decision made by an employee to retire, take early retirement or to sever his or her employment that is confirmed by the Company shall be final and binding. 4. A pre-adjustment canvass of employees wishing to accept a voluntary severance may be conducted at any time during the above process. (b) Workforce Adjustment - Regular Employees 1. Where the Company decides not to implement a pre-adjustment canvass, or where such canvass does not result in the degree of flexibility required to meet the objectives of the workforce adjustment, the Company will provide regular employees with notice of layoff in reverse order of service seniority, except where such notice is specifically related to a decision under Article 14 in which case those regular employees who are directly affected will be given notice of layoff. A copy of the notice to regular employees shall be provided to the Union. 2. The notice of layoff shall be effective 30 calendar days from the date of issuance, unless the following occurs: i) the regular employee is offered and accepts a vacant position, for which he or she is qualified, at the employee’s current point of assembly, ii) the regular employee is offered and accepts the opportunity for reasonable training and familiarization so that he or she is eligible to work in an alternate position which is vacant at his/her current point of assembly, iii) the regular employee is offered and accepts placement into a vacant position for which he/she is qualified through transfer to another point of assembly, iv) the regular employee bumps the junior regular employee in a position for which he/she is qualified at the employee’s current point of assembly, v) the regular employee bumps the junior regular employee in a position for which he/she is qualified at another point of assembly, or vi) the regular employee may elect to sever at any time during this process or be placed on re-call. With the exception of option (vi) the above options are to be followed in a cascading order such that the preceding option must be exhausted prior to considering the next option. 3. Upon notice been given pursuant to clause 12.02 (b)(2) above, an employee shall have 14 calendar days to reply to the notice of layoff options provided. A decision made by a regular employee to accept a transfer that is confirmed by the Company shall be final and binding. 4. A regular employee who is offered and accepts a vacant position or who bumps shall be salary protected until such time as their current rate of pay is equal to or exceeds their protected rate of pay. 5. Relocation expenses shall be paid when a regular employee accepts a placement into a vacant position through transfer or who bumps. A regular employee who is placed into a vacant position, including one obtained through a transfer, or who bumps shall be required to serve a 120 working day trial period to determine his/her ability to meet the requirements of the new job. An employee who fails to meet the requirements of the job at any time during his/her trial period shall be severed or placed on re-call. An employee in receipt of relocation expenses who subsequently fails the 120 day trial period must refund the relocation expenses. 6. Should a regular employee be bumped as a result of a senior employee exercising his or her seniority rights in accordance with this Article, then that employee shall have bumping rights in accordance with Clause 2 (i) through (vi). 7. If the company believes a placement, transfer or bump is impractical or that an employee is unsuitable for a placement or transfer it shall advise the Union.
(c) Workforce Adjustment Casual Employees 1. Casual employees shall be given notice of layoff in reverse order of seniority, except where such notice is specifically related to a decision under Article 14 in which case those casual employees who are directly affected will be given notice of layoff. A copy of the notice to casual employees shall be provided to the Union. 2. The notice of layoff shall be effective 30 calendar days from the date of issuance, unless the following occurs: i) the casual employee is offered the opportunity for training and familiarization for recall in another classification at his/her current point of assembly ii) the casual employee is offered and accepts the opportunity to be recalled at another point of assembly in their current classification, or iii) the casual employee elects to sever their employment. 3. Relocation expenses shall not be paid when a casual employee accepts the opportunity to be recalled at another point of assembly. 4. Upon notice been given pursuant to clause 12.02 (c) (1) above, an employee shall have 14 calendar days to reply to the notice of layoff options provided. A decision made by a casual employee to accept a transfer that is confirmed by the Company shall be final and binding. In the event of a layoff, employees shall be laid off at the point of assembly in the following order: 1. Seasonal employees shall be severed prior to casual or regular employees being laid off. 2. Casual employees shall be laid off in reverse order of service seniority prior to regular employees. 3. Regular employees shall be laid off in reverse order of service seniority.
Notice to regular employees on STIIP for more than 30 calendar days, WCB, LTD or serving an apprenticeship shall be effective the date of receipt. The employee shall provide the Company with 14 calendar days’ notice of the date upon which he/she can return to work. The Company will confirm the placement of the employee into a vacant position for which he/she is qualified at the employee’s current point of assembly, or facilitate the ability to exercise the remaining options under Clause 12.02 (b) 2 above. (a) A regular employee, or casual employee with 5 or more years of service, whose employment is severed shall be entitled to severance pay of three (3) weeks basic pay for each year of completed service and a pro-rated amount for any partial year of service to a maximum of fifty-two (52) weeks’ basic pay. (b) A casual employee with less than 5 years of service whose employment is severed shall be entitled to severance pay of one (1) week’s basic pay for each completed year of service and a pro-rated amount for any partial year of service to a maximum of twelve (12) weeks’ basic pay. (a) The Company shall create a recall list that shall indicate the name, service seniority, former classification and point of assembly and current classification and point of assembly of regular employees who are laid off. A copy of the list shall be provided to the Union. (b) Regular employees on the recall list shall return to their former classification, employment status, and point of assembly in order of service seniority when a vacancy arises. An employee on the recall list who does not accept a vacancy when offered shall be deemed to have resigned and shall not be entitled to severance pay. (c) A regular employee shall have his/her name remain on the recall list until: 1. he/she receives an appointment through Clause 10.07, 2. he/she returns to her/his former classification, employment status, and point of assembly, or 3. two (2) years have passed from the last day worked by the employee; whichever occurs first. (d) Should a regular employee on the recall list accept a casual assignment, such casual assignment shall not affect his or her recall rights under this Clause.
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