CUPE Health Care Workers' Council of Unions

ARTICLE 24 - LAYOFF AND RE-EMPLOYMENT

24.01 Reduction of Hours

In the event that notice has not already been provided in accordance with Article 23.04 - Workplace Reorganization, when the Employer(s) is considering changes which will result in the layoff of Employees, the Employer(s) will notify the Local of the Union at least fourteen (14) calendar days in advance of issuing layoff notices to Employees.

The Employer(s) and the Local of the Union shall meet to discuss the implications of such lay-off.

24.02 Layoff Defined

A layoff shall be defined as an Employer(s) initiated reduction in the workforce, a reduction of hours of work of a full time Employee, the reduction in the hours identified in a part time Employee's Letter of Appointment or in the case of a relief Employee, as a result of downsizing or facility closure and no shifts are offered within one hundred and twenty (120) days within the bargaining unit.

24.03 Employment Rights

The provisions of Article 23 - Employment Strategy shall be fulfilled prior to the abolishment of the position of any Employee with five (5) or more years of seniority.

24.04 Role of Seniority in Layoffs

Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, Employees shall be laid off in the reverse order of their bargaining-unit-wide seniority. An Employee about to be laid off may bump any Employee with less seniority, subject to their qualifications and ability to perform the duties required. The right to bump shall include the right to bump up.

24.05 Notice of Layoff

The Employer shall serve notice of layoff to the most junior Employee(s) in the affected positions within the classification where it is deemed the reduction is required.

Notice of layoff shall be in accordance with the Labour Standards Act provided, however, that the minimum amount of notice shall be four (4) weeks.

If the Employee laid off has not had the opportunity to work his/her scheduled shifts during the notice period, the Employee shall be paid in lieu of those scheduled shifts not worked. If regular duties are unavailable, the Employer may assign duties other than those normally connected with the classification in question at the Employee's regular rate of pay.

After the Employee has received layoff or displacement notice, the Employer(s) and the Local of the Union shall, in order of seniority, arrange a private interview in the presence of a shop steward with each Employee to explain the various alternatives and the Employee shall elect one of the following:

a) to exercise their seniority rights in accordance with Article 24.06;

b) to accept the reduced hours of work (if applicable);

c) to accept layoff and be placed on re-employment for a period not to exceed three (3) years. At any time while on re-employment, an Employee may resign and accept severance;

d) to resign employment with the Employer(s);

e) to retire (if applicable).

An Employee who has been laid off or whose employment has been abolished who elects to retire on immediate pension, or resign, shall be entitled to severance pay in accordance with Article 25 - Severance Pay.

The Employee will be provided with reasonable and sufficient information which will include work schedules in effect at that time, job descriptions, work site tours and meetings with the Department Head or designate, if required. The Employee shall have a Local of the Union representative present. Provided that all alternatives have been explained the Employee will have up to seventy-two (72) hours from the conclusion of the meeting (exclusive of weekends and Designated Holidays) to make an election. This period may be extended by mutual agreement.

Employees who do not elect one of the above options within seventy-two (72) hours will be automatically laid off and placed on re-employment in accordance with Article 24.07 - Re-employment.

Every reasonable effort will be made to contact an Employee regarding their options, however, in the event the Employer(s) is unable to contact a laid off or displaced Employee, the Local of the Union and the Employer(s) shall meet to discuss a mutually agreed resolution to the matter. If there is not mutual agreement, the Employer(s) shall proceed with the layoff procedure and place the Employee in an appropriate position. A mutually agreeable or Employer(s) initiated placement will replace the Employee's right to exercise their seniority displacement rights.

Notice of Layoff for Employees in Temporary Positions

i) in the event an Employee is filling a temporary position when the Employee's permanent position is abolished or reduced, the Employee will be issued a layoff notice and will have access to the provisions of Article 24 - Layoff and Re-Employment;

ii) in the event the Employee reverts back during a trial period to a position which has been affected as defined in Article 24.02 - Layoff Defined, the Employee will be issued a layoff notice at the time of the reversion and will have access to the provisions of Article 24 - Layoff and Re-Employment.

24.06 Displacement of Employees

Laid off or displaced Employees may exercise seniority, subject to their qualifications and ability being sufficient to perform the duties, into a higher paid classification, a lower paid classification or same paid classification within the bargaining unit.

Subject to the following:

a) Employees shall choose a classification in a department (including departmental unit if vacancies and new positions are posted by departmental unit) and in a facility, agency or geographic area in which they wish to exercise their seniority.

b) Employees shall choose to exercise their seniority into either a full time or part time position within the classification specified in a) above.

c) As per a) above, the Employee shall displace the least senior full time Employee in the classification or the least senior part time Employee whose number of hours of work contained in their letter of appointment most closely approximates the number of hours of work the Employee has chosen. Upon completion of the displacement process, the Employees may request an assignment within their department or classification as per Article 21.09 - Request for a Transfer. The supervisor shall assign rotations on the basis of seniority as per the requests.

d) Where an Employee bumping has been regularly scheduled on a continuing basis to work a twelve (12) hour shift and holds greater seniority, the Employee may choose to displace the least senior Employee in the classification who is working a twelve (12) hour schedule in that classification. Where an Employee bumping has been regularly scheduled on a continuing basis to work an eight (8) hour shift and holds greater seniority, the Employee may choose to displace the least senior Employee in the same classification who is working an eight (8) hour schedule in that classification.

24.07 Re-Employment

Laid off Employees shall be subject to the following in respect to re-employment:

a) Employees shall be counseled by the Employer(s) in the presence of a Local of the Union representative. Employees may choose any or all of the following re-employment options:

i) laid off Employees shall indicate, in writing, the positions they wish to be considered for in a geographic area and/or facility/agency should a vacancy arise. Should any of these positions become vacant, the Employee's name will automatically be entered with the names of other applicants from within the bargaining unit. The position will be filled in accordance with Article 21.02 - Posting and Filling of Vacancies and New Positions;

ii) the Employee shall remain on layoff and may elect to work in relief or temporary positions, if available, in which they have the qualifications and ability to perform the duties required for the position to be filled, without prejudicing their right to re-employment.

b) If a laid off Employee is successful in their application to a posted position in i) above, they shall report for duty as specified in the letter of offer sent by registered mail to the Employee's last known address, within ten (10) calendar days of being notified by the Employer(s) that they have been awarded the position. Failure to report for duty within this period will automatically cancel the awarding of the position to the Employee. The Employee will remain on layoff status. The Employer(s) will then award the position to the next qualified applicant (as per Article 21.02 - Posting and Filling of Vacancies and New Positions). If the next or subsequent successful applicants are also on layoff, this clause will continue to apply until the position has been filled.

c) If a laid off Employee is awarded a posted position through the application of this article, they shall only be allowed three (3) occasions in which to decline a position or fail to respond to an offer of employment. If the Employee again fails to respond to a third offer of employment or declines the awarding of the position on the third occasion by failing to report for duty within ten (10) calendar days of being notified they have been awarded the position, the Employee shall lose all seniority as per Article 19.02 - Loss of Seniority and be terminated. It is understood that the ten (10) calendar day period referred to in this Article shall constitute that ten (10) calendar days notification by the Employer(s) to return to work incorporated in Article 19.02 - Loss of Seniority.

d) It shall be the responsibility of all Employees, including those laid-off, to keep the Employer(s) and the Local of the Union advised of their current address and telephone number.

24.08 Orientation and Trial Period on Re-Employment

Employees who are re-employed shall be entitled to a trial period in accordance with Article 22.02 - Trial Period. The Employees shall be given reasonable orientation. Employees who are not considered capable or who wish to relinquish their position shall have access to Article 24.05 b), c), d), e) - Notice of Layoff.

24.09 No New Employees Hired

No new Employees shall be hired until those laid off have been given an opportunity for re-employment to positions for which they possess the qualifications and ability sufficient to perform the required duties.

24.10 Salary Rate

An Employee who displaces or is re-employed after a layoff, shall be paid in accordance with Articles 21.07 - Lateral Transfers within the Same Pay Grade, Article 21.04 - Pay Upon Promotion and Article 21.08 - Demotion. When an Employee is re-employed after layoff, the Employee will retain his or her accumulated sick leave credits, if any, and service towards calculation of vacation existing at such time of layoff.

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CUPE Health Care Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5

Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President