12.1 Layoff Due to Change in or Reduction of Programs or Services
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.
For an employee in a term position of indefinite length, the notice period, for the purpose of Article 12.1.2 only, will be deemed to commence with the notice of a specific termination date in that position
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:
- Termination and Severance, Article 12.1.4; or
- Continue Employment at the University with Placement Options, Article 12.1.5
- Continue Employment at the University with Bumping Options, Article 12.1.6
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 to 19 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.
12.1.5 Continue Employment at the University with Placement Options
Permanent employees who sign an agreement to continue employment as per Article 12.1.3 will be placed in a leave of absence without pay for a period of up to six (6) months. During this time, employees will be eligible for placement options with consideration to any vacant positions at the University. Should permanent employees meet the requirements outlined in the job posting for which they have applied, an interview shall be granted. Those vacant positions will be filled in accordance with Article 8.4 and Article 9.3.
Should the placement be in a term position, the employee will be deemed to be in a notice period. A permanent employee who accepts a term position will retain all rights of permanent employee status in a term position.
An employee who fails to secure continued employment by the end of the six (6) month placement period will be entitled to a reduced severance pay.
The severance pay available to the employee under these circumstances will be calculated as per Article 12.1.4 and shall be reduced by half of the amount equivalent to the time the employee has been on the leave without pay and/or any income earned by any employment at the University (including probationary assessment and term appointments), whichever is greater.
An employee who signs an agreement to continue employment with placement options as per Article 12.1.3, may, at any time during the six (6) month leave without pay, revert to the option of termination of employment and severance pay. The employee shall communicate this decision in writing to Human Resources. The amount of severance pay will be calculated as per Article 12.1.4 and shall be reduced by the amount equivalent to half of the time the employee has been on the leave without pay and/or any income earned by any employment at the University (assessment period and term appointment), whichever is greater.
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).
12.1.6 Continue Employment at the University with Bumping Options
Vacancies at the time of election will be reviewed for placement 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.
All bumps are made according to the following provisions:
- Within twenty-one (21) calendar days of choosing the bumping option, the Employer will identify the position options to be bumped.
- Positions will be considered in the following order for the bumping employee:
- First, into the employee's own position title (same Job Family and Phase)
- Second, into any position title (same Job Family and Phase)
- Third, any other position title in the same or lower Phase
- The bumping employee must possess the requirements for the position into which the employee is bumping, as indicated on the immediately prior posting for the position, except where the Employer can demonstrate that there has been a bona fide change in the requirements for the position.
- 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.
- 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.
- 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 Placement and Bumping as per Article 12.1.6
An employee placed or bumped into a position other than the employee's former position will be offered the salary closest to the employee's former salary. An employee will be placed in a higher Phase only by mutual agreement between the parties. An employee cannot bump into a position in a higher Phase.
Upon receipt of notification, the employee will be given eight (8) calendar days in which to respond to an opportunity or an offer of placement or bumping. The Union will be notified of formal offers of positions to employees pursuant to this Article. The Employer will also provide the Union with the status of all employees who have chosen to bump on a weekly basis.
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:
- The employee is offered a position under bumping (Article 12.1.6) and fails to respond within eight (8) calendar days indicating intention to accept or not to accept the position offered; or
- 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 Benefits During Leave Without Pay for the Purpose of Placement Options under Article 12.1.5
During the six (6) month leave without pay for placement options, the benefits available to the employee are as follows for a three (3) month period:
- The Employer will continue benefits (extended health, dental, group life insurance),
- The employee will be eligible to continue supplemental life insurance provided the employee pays the premiums under the plan,
- With respect to pension, the employee is eligible to continue pension contributions provided the employee pays both, employee and Employer contributions.
The Union and Employer will discuss training needs on a case by case basis.
12.2 Normal Seasonal Layoff and Recall
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.
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.
12.3 Technological Change
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)
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 10.3.6) 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.
12.4 Grievances Concerning this Article
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.