Article 12 - Layoff

12.1.1 General

Should any permanent position be eliminated because of financial reasons or because of the amalgamation, consolidation or elimination of departments or work units, the affected permanent incumbent will be dealt with in the following manner.

12.1.2 Notice of Layoff

Permanent employees, if their positions are to be eliminated, will be given as much written notice as possible and as required by law, but in no case less than thirty (30) calendar days, with a copy to the Union. If notice is not given as required, employees will receive pay in lieu, pro-rated.

The employment of an employee with term status, in a term position, ends automatically upon the expiration of the stated term date, without notice.

An employee with term status whose term position ends prior to its stated expiration date shall be provided notice or pay in lieu of notice in accordance with the provisions of the Saskatchewan Employment Act except that the minimum amount of notice or pay instead of notice shall be two (2) weeks.

A permanent employee in a term position (excluding secondment agreements and those on leave of absence from a permanent position) has reversion rights under Article 8.5.

Beyond the reversion period under Article 8.5, when the posted term position ends either automatically or prior to its stated expiration date, a permanent employee holding the position will have the protection of Article 12.1.6.

12.1.3 Options Available to Laid Off Employees

A permanent employee who has received notice that their permanent position has been eliminated shall have the right to elect, within fourteen (14) calendar days of a written notice of a position being eliminated, one of the following options:

1. Termination and Severance, per Article 12.1.4; or
2. Continued Employment at the University through appointment into a vacant position within the bargaining unit per Article 12.1.5; or
3. Continue Employment at the University with Bumping Options, per Article 12.1.6; or
4. (d) Any other option to which the parties might agree.

This fourteen (14) calendar day period may be extended by the Employer for good and sufficient reason. If the employee fails to provide Human Resources with the election of one of the options available under this Article within the fourteen (14) calendar day period, the Employer reserves the right to proceed with termination and severance as outlined by Article 12.1.4.

12.1.4 Termination and Severance

Within fourteen (14) calendar days of a written notice of a permanent (not term) position being eliminated, a permanent employee who signs an agreement to terminate employment as per Article 12.1.3 will be entitled to severance pay.

The severance amount will be based on length of service as follows:

Length of Service	Severance pay Entitlement
0 up to 20 years	2 weeks’ pay
20 years or over	3 weeks’ pay

 

Severance will be calculated at the employee's current rate of pay for every year or partial year of service to a maximum of fifteen (15) months' pay. The payment will be calculated to the date the employee leaves the position.

In all cases, upon receipt of the severance pay, an employee will be terminated and will forgo any further rights under the Collective Agreement. Severance pay is provided on the condition that the employee will not seek or gain further employment at the University, nor will accept funds from the University for any services provided during the period covered by the severance pay and pay received in lieu of notice. However, should employment with the University recommence prior to the conclusion of the period covered by the severance pay, the employee will be required to repay the remaining severance amount prior to recommencing employment.

12.1.5 Continue Employment at the University through Appointment into a Vacant Position

Within twenty-one (21) calendar days, a permanent employee laid off from a permanent position, who chooses to continue employment as per Article 12.1.3 (a), will be eligible to be appointed into a vacant permanent position at the University and in accordance with Article 8.4 and Article 9.3. The twenty-one (21) calendar day period may be extended by the parties through mutual agreement.

The appointment will be into a permanent vacant position. Positions will be considered in the following order:

1. First, vacancies in the employee's own Job Family and Phase; 
2. Second, vacancies in any position in the same Phase; or
3. Third, any other position, in any Phase, with mutual agreement by the parties.

An employee appointed into a vacant position, other than the employee's former position, will be offered the salary closest to the employee's former salary.

Where an appointment to a vacant permanent position is not possible within twenty-one (21) calendar days, the permanent employee will be terminated with severance pay per Article 12.1.4.

Severance pay is provided on the condition that the employee will not seek or gain further employment at the University, nor will accept funds from the University for any services provided during the period covered by the severance pay and pay received in lieu of notice (if applicable). However, should employment with the University recommence prior to the conclusion of the period covered by the severance pay, the employee will be required to repay the remaining severance amount prior to recommencing employment.

Permanent employees impacted by layoff maintain seniority (as provided under Article 10.3.6), which is applicable for bidding on vacant positions.

12.1.6 Continue Employment at the University with Bumping Options

Vacancies at the time of electing bumping will be reviewed for continued employment first, and if no suitable positions are identified, the bumping process will proceed.

Permanent positions will be considered for bumping on a campus-wide basis.

A permanent employee in a permanent or term position, who elects the option to continue employment at the University with bumping options, will not have access to severance pay at any time unless the employee fails the assessment period as described in Articles 9.3 and 12.1.8.

All bumps are made according to the following provisions:

1. Within twenty-one (21) calendar days of choosing the bumping option, the Employer will identify the position options to be bumped.
2. Positions will be considered in the following order for the bumping employee:
   1. First, into the employee's own position title (same Job Family and Phase)
   2. Second, into any position title (same Job Family and Phase)
   3. Third, any other position title in the same or lower Phase
3. The bumping employee must possess the requirements for the position into which the employee is bumping, as indicated on the immediately prior posting or existing job description/profile for the position, except where the Employer can demonstrate that there has been a bona fide change in the requirements for the position.
4. The bumping employee starts at 2(b)(i) above, with the position occupied by the employee with the least bargaining unit wide seniority, then the position occupied by the employee with the second least bargaining unit wide seniority and so on. When the bumping employee does not have the required qualifications for any positions in 2(b)(i), the bumping employee moves on to consider positions in 2(b)(ii), again beginning with the position occupied by the person with the least bargaining unit wide seniority, and continuing in a similar way to 2(b)(iii). This consideration continues until the bumping employee can be bumped into a position.
5. The bumping employee will be provided with two options as per Article 12.1.6 (b), (c) and (d). These two options will be presented to the employee at the same time. This will then constitute the employee's bumping options.
6. Should the bumping period extend beyond an employee's notice period, current salary and benefits (as per the terms and conditions of the respective benefits plan) will remain intact until the bumping process has concluded.

An employee who is bumped shall immediately have access to the provisions of this article except that the requirement for notice (Article 12.1.2) will not apply. If there is advance notice of a bump occurring, the affected employee shall be dealt with in accordance with Article 12.1.3, to the extent that time and opportunity permit, and all subsequent clauses in this Article shall apply.

Notwithstanding all of the provisions of Article 12.1.6, the Employer and the Union may agree on another arrangement for a bumping situation.

12.1.7 Terms of Bumping as per Article 12.1.6

1. An employee bumped into an encumbered position, other than the employee's former position, will be offered the salary closest to the employee's former salary. An employee cannot bump into a position in a higher Phase.
2. Upon receipt of notification from Human Resources, the employee will be given seven (7) calendar days in which to respond to an opportunity to bump. The Union will be updated on the status of the bumping process and will be notified of formal offers of positions to employees pursuant to this Article.
3. Except when prevented from informing the Employer, due to illness or other just cause, an employee will be deemed to have voluntarily left the service of the Employer and their employment shall be terminated if:
   1. The employee is offered a position under bumping (Article 12.1.6) and fails to respond within seven (7) calendar days indicating intention to accept or not to accept the position offered; or
   2. The employee has agreed to accept an offer of a position under bumping (Article 12.1.6) and then fails to report to work on the date and at the time specified.

12.1.8

A permanent employee appointed into a vacant position or bumped into an encumbered position is subject to an assessment period as per Article 9.3. Should an employee fail the assessment period in the vacant position they are appointed into or encumbered position they bump into, employees will be terminated and provided severance as per Article 12.1.4. However, if the permanent employee’s prior position was a term position, the permanent employee shall receive pay in lieu of notice as per The Saskatchewan Employment Act.

12.1.9 Benefits During the Notice Period under Article 12.1.2

Benefits coverage and pension contributions will continue uninterrupted during this notice period. If notice is not given as required, employees receive pay in lieu, prorated, and benefits coverage and pension contributions will immediately cease upon election of termination and severance under 12.1.3 (a).

12.1.10 Training

The Union and Employer will discuss training needs on a case by case basis.

12.2.1 Layoff

An employee, as defined in Article 1.4.1(c), may be laid off from time to time in accordance with fluctuations in the work requirements with an expectation of recall. Such employees will be given ten (10) days' notice in writing, and will be retained in order of seniority in their department, within the same job title, within the same Job Family and the same or lower Phase, provided they have the required qualifications.

Employees may be retained on a day to day basis beyond the notice period, depending upon the work available. Such further employment shall continue to be on a seasonal basis for purposes of benefits, provided there is no break in service. However, work provided to an employee beyond the layoff date indicated in the layoff notice may be refused by the employee until such time as formal notice of recall has been issued.

It is hereby agreed that the application of this clause is not intended to allow employees in seasonal summer positions to take jobs of employees in seasonal winter positions and vice versa. In a similar manner, an employee cannot take the job of a term employee hired specifically to replace a seasonal employee who normally works the opposite season.

12.2.2 Recall

Seasonal employees will be recalled to work in order of seniority provided they have the required qualifications for the work that is available within the department. Seasonal employees while on normal layoff may exercise their seniority for any casual and term employment within the same job title and within the same department, within the same Job Family and Phase, for which they have the required qualifications. A written notice to return to work will be forwarded via registered mail to the last known address of the employee or given directly to the employee. A copy of the notice will be given to the Union.

12.2.3 Response to Recall

Except when prevented due to illness or other just cause, an employee, following a recall, who fails to inform the Employer within eight (8) days of notice of return to work of the employee's intention to return to work, or fails to report for work on the date and at the time specified in the notice to return, the employee shall be deemed to have voluntarily left the service of the Employer and employment shall be terminated.

The parties recognize that the University and its employees are affected by the rapid expansion of knowledge and the constant modification of technology. This may require employees to modify their job knowledge and skills from time to time.

12.3.1 Reduction in Work Force

If the work force is reduced due to technological change and employees whose jobs are being eliminated are not entitled to the rights and benefits conferred by Saskatchewan legislation, they will be entitled to the benefits outlined in Article 12.1 and Article 12.3.3.

If any permanent employee's job is eliminated because of technological change, the affected employee will be given three (3) months' notice in writing. In addition, Human Resources, when it becomes aware that any employee's position will be eliminated because of technological change, will notify the Union and consultation will be initiated.(See Article 12.3.2)

12.3.2 Consultation

In an attempt to keep employees apprised of current and anticipated modifications to the day to day work techniques of various occupations of employees, the Employer and the Union agree to meet from time to time as necessary. In addition, when Human Resources becomes aware of impending significant technological change at the Employer, it will undertake to call such a meeting.

In cases of technological change which directly affects conditions of employment, the Employer and the Union agree to enter into consultation at the request of either party.

Consultation may include such things as: the nature of change to be introduced, timing of such changes, reassignment of duties, effects on terms and conditions of employment, plans for retraining relative to existing employees adapting to new equipment or work methods, establishment of a rate of pay to be provided during training and arrangements for the costs of materials and/or tuition, arrangements for assessment of an employee's suitability for training and arrangements for periodic assessment of an employee's progress while in training.

Where permanent positions are being abolished, such consultation may be to consider training and/or redeployment.

Such training may be for an existing position on campus or may only be intended to supplement an employee's skills. Where retraining and/or redeployment does not take place, then the provisions of Article 12 will apply.

12.3.3 Severance Pay

An employee who loses seniority rights (Article 10.2.6) or who terminates employment will receive pay on the basis of two (2) weeks' pay at the employee's current salary for every year or portion of a year's service.

12.3.4 Other Applicable Clauses

In the event that a permanent employee's position is eliminated due to technological change all the provisions of the clauses in Article 12.1 apply.

Grievances concerning this Article shall be initiated within thirty (30) days of the commencement of a layoff or the notice of recall, at the first stage of the grievance procedure, and directed to Human Resources.