ARTICLE 12 - LAYOFF AND RECALL

12.01 - Notice of Reduction of Work Force      12.02 - Layoff of Employees

12.03 - Notice of Layoff      12.04 - Bumping Rights      12.05 - Severance Pay

12.06 - Temporary Recall      12.07 - Recall to Regular Position

12.01 - Notice of Reduction of Work Force

(a) Notice to the Union shall be in writing and shall be received four months prior to any reduction of positions in the work force. The notice shall identify the redundant position by classification and location. This notice may be concurrent with any notice of layoff to the Union or regular employees in accordance with clause 12.03(a) and (b).

 

(b) The Employer shall also give the Union notice of its intention to delay the filling of a position. The Employer can delay the filling of a position for a maximum of four months.

 

12.02 - Layoff of Employees

In the event of layoff, the following shall apply:

1. Casual employees shall be laid off in reverse order of service seniority prior to regular employees being laid off;

2. Regular employees shall be laid off in reverse order of service seniority;

3. Employees serving apprenticeships shall not be subject to layoff or bumping until they complete their apprenticeships.

4. If insufficient notice is given, the affected employee shall be paid for the shortfall.

5. Notice to employees on STIIP, WCB, LTD or serving apprenticeship shall be effective the date of receipt. Upon receiving clearance to return to work or upon completing an apprenticeship, the employee shall have seven calendar days in which to exercise his/her right to bump, layoff, or sever employment.

 

12.03 - Notice of Layoff

(a) Notice to the Union shall be in writing and shall be five months for all regular employees.

 

(b) Notice to regular employees shall be in writing and shall be five months concurrent with (a) above.

 

(c) Upon notice being given, a regular employee shall have 14 calendar days to elect to bump, sever or lay off.

 

12.04 - Bumping Rights

(a) A regular employee receiving notice of layoff or bump may exercise his/her service seniority to bump throughout the Employer's operations, subject to his/her ability to meet the requirements of the job.

 

(b) No relocation expenses shall be paid on bumping.

 

(c) A position obtained by bumping shall be temporary in nature.

 

(d) An employee shall not be entitled to exercise his/her service seniority to bump into a position that would otherwise be a promotion, except that if an employee would otherwise be required to lay off and that employee, except for the movement being a promotion, would otherwise be entitled to bump a junior employee, said employee shall not bump and the senior qualified employee in the same classification and at that new location shall be entitled to bump into the

promotional position.

 

(e) An employee who bumps shall be required to serve a 120 working-day probationary period to determine his/her ability to meet the requirements of the job. An employee who fails to meet the requirements of the job at any time during his/her probationary period shall have a further seven calendar days in which to elect to bump, sever or lay off.

 

12.05 - Severance Pay

A regular employee receiving notice of layoff or bump may elect to sever his/her employment. A regular employee so choosing shall be entitled to severance pay of one-half month's basic pay for each year of completed service seniority and prorated for any partial year of service seniority to a maximum of twelve monthsí basic pay.

 

12.06 - Temporary Recall

(a) A regular employee who has been laid off or bumped may place his/her name on a temporary recall list at one or more points of assembly.

 

(b) A regular employee on the temporary recall list shall be paid in accordance with Article 8 and shall receive the benefits contained therein.

 

(c) A regular employee on the temporary recall list shall be recalled for temporary assignments in order of service seniority subject to his/her ability to meet the requirements of the job.

 

(d) A regular employee electing to place his/her name on temporary recall lists shall be obligated to respond to calls on the same basis as casual employees. An employee may elect to remove or reinstate him/herself from the temporary recall list by notifying the Employer before the last day of a calendar month.

 

(e) A regular employee not electing temporary recall shall be placed on the regular recall list.

 

12.07 - Recall to Regular Position

(a) A regular recall list shall be prepared for each point of assembly containing the name, service seniority, former classification and location and current classification and location for those employees who have bumped or are on layoff. Upon request, the Union shall be provided with an up-to-date copy of this list.

 

(b) All employees on the regular recall list shall return to their former classifications and locations when vacancies arise. Employees not accepting return to their former classifications and locations shall be deemed to have resigned their position with the Corporation and shall not be entitled to severance pay.

 

(c) Vacancies shall be offered first to the service senior employee on the regular recall list, subject to his/her ability to meet the requirements of the job. Employees shall not be recalled into promotions.

 

(d) If there is more than one employee available for the vacancy, the service senior employee may decline the appointment. The junior employee shall be obligated to accept the appointment to his/her classification.

 

(e) Employees receiving positions through clause 10.08 or 10.09 shall have their names removed from the regular recall list.

 

(f) An employee shall have his/her name remain on the recall list until:

1. the employee returns to his/her prior classification at his/her original point of assembly;

2. two years have passed from the last day worked by the employee;

3. s/he receives an appointment through clause 10.08 or 10.09.

 

(g) Employees receiving positions from the recall list shall not be entitled to relocation expenses.