Article 29 – Layoff and Severance

Layoff and Severance. Layoff and severance will occur when the resources of the University are not sufficient to finance existing academic programs without layoff of tenured, permanent, or probationary employees.

When layoff or severance is necessary, the Employer may take one or more of the following actions:

1. Temporary Layoff: lay off existing employees temporarily, provided that insufficient funds are currently available to pay existing employees;
2. Partial Redundancy: discontinue a particular academic program in whole or in part, provided that the academic priorities of the University no longer warrant such a program; or
3. General Redundancy: reduce the number of employees in general, provided that insufficient funds will be available to pay the existing number of employees for a long time into the future.

The Employer agrees that before any action is taken, the Association shall be informed of the action proposed and provided with the budgetary information on which the decision was based. The Employer shall also provide the Association with information about any actions as they are taken.

No action shall be taken which is inconsistent with the terms of this Agreement.

29.5.1 Temporary Layoff

If the Employer has determined that insufficient funds are currently available to pay existing employees:

1. employees shall be laid off and recalled according to seniority as specified in Article 29.6;
2. employees who are to be laid off shall be notified according to Article 29.7;
3. no new or additional employees shall be hired without the approval of the Association while any employee is temporarily laid off.

29.5.2 Partial Redundancy

If the academic priorities of the University no longer warrant the continuation of a particular program, in whole or in part, whether for financial or academic reasons:

1. the program shall not be considered discontinued, in whole or in part, for layoff purposes unless the discontinuance has been approved by Council. The University shall notify all employees potentially affected by the program discontinuation of the Council meeting at which the program discontinuation will be considered. A copy of the notice of the meeting will also be sent to the Association. A grievance in the case of layoff for reason of partial redundancy shall be subject to the same limitations as in the case of tenure (Article 15.17);
2. before any employees are laid off, the Employer shall determine whether some or all layoffs could be avoided by:
   1. economizing on other areas of expenditure,
   2. transfer to another academic program as specified in Article 29.9,
   3. retraining as specified in Article 29.10,
   4. early retirement as specified in Article 29.11;
3. employees shall be laid off and recalled according to seniority as specified in Article 29.6;
4. employees who are to be laid off shall be notified according to Article 29.7;
5. employees who are laid off shall be entitled to the severance benefits specified in Article 29.8 or whatever Assisted Early Retirement Plan may be in effect at the time;
6. only employees in a discontinued program shall be subject to layoff due to a Partial Redundancy.

29.5.3 General Redundancy

If the Employer has determined that insufficient funds exist to pay the existing number of employees for a long time in the future:

1. before any employee is laid off, the Employer shall determine whether some or all layoffs could be avoided by:
   1. economizing on other areas of expenditure,
   2. transfer to another academic program as specified in Article 29.9,
   3. retraining as specified in Article 29.10,
   4. early retirement as specified in Article 29.11;
2. employees shall be laid off and recalled according to seniority as specified in Article 29.6;
3. employees who are to be laid off shall be notified according to Article 29.7;
4. employees who are laid off shall be entitled to severance benefits, as specified in Article 29.8.

29.6.1

In the event of a Temporary Layoff or General Redundancy, the number of layoffs shall be allocated proportionately among Colleges. In the event of any layoff, employees shall be laid off and recalled according to their seniority among those employees within the department, division, College, or other administrative unit in which the layoff is to occur.

29.6.2

The order of seniority on layoff shall be the following:

1. first, Sessional Lecturers who are not members of the bargaining unit but who teach classes that can satisfactorily be taught by members of the bargaining unit, and are financed out of the University Operating Budget;
2. second, Special Lecturers and employees who hold appointments without term or for a limited term, and whose income comes from the University Operating Budget;
3. third, all other employees in the bargaining unit.

The order of recall shall be the reverse of the order of layoff.

29.6.3

Within each of these three classifications, the order of seniority shall be determined by the date of current appointment to the University, those most recently appointed being the first to be laid off and those last laid off being the first to be recalled. When the date for layoff or recall is the same for any employees, the order of seniority shall be determined by lot.

29.6.4

No tenured or permanent employee having a minimum of ten (10) years of service with the University whose age plus years of service is equal to or greater than sixty (60), shall be laid off for reason of General Redundancy.

29.6.5

Recall rights of laid off employees shall be limited to a period of three years from the date of layoff. A laid off employee shall have the right of first refusal of each and every available position in the employee's field. Laid off employees shall be given two months to decide whether they wish to accept a recall and shall be given a reasonable period of time in order to fulfill other commitments before resuming their duties. If employees fail to accept a recall or to resume their duties, their recall rights shall terminate.

The President shall send a letter of notification to each employee who is to be laid off stating that the layoff is for reasons of financial exigency alone. The letter shall be sent by prepaid registered mail to the employee's last known address no later than:

1. six months before the effective date of the layoff in the case of a Temporary Layoff; or
2. eighteen months before the effective date of the layoff in the case of a General Redundancy; or
3. twenty-four months before the effective date of the layoff in the case of a Partial Redundancy.

An employee on a limited term appointment whose term of employment expires in less than six months need not be sent a letter of notification.

29.8.1

In the event of a Partial or General Redundancy, severance pay shall be equal to two months' salary for each of the first three years of service, plus one additional month's salary for each additional year of service up to a maximum of nine additional months of salary.

29.8.2

In the event of a Temporary Layoff, employees who are not recalled within the academic year that they are laid off shall be entitled to the severance benefits provided for in Article 29.8.1.

29.8.3

Employees who have been notified that they will be laid off may, at their discretion, elect to receive a cash settlement equal in value to their monthly salary times the number of months that remain in their period of notification to a maximum of 12-months' salary before the effective date of their termination, in lieu of continuing their employment with the University. This cash settlement shall not affect their recall rights.

29.8.4

Employees who are laid off shall continue to have access to Library facilities on the same basis as employees who have not been laid off, and shall be given reasonable access to laboratory and computer facilities.

29.8.5

Laid off employees who are recalled may, at their option, make retroactive payments into the Pension Plan for all or part of the time they were laid off and the Employer shall make matching contributions according to the formula for the Pension Plan as if they had been on leave of absence without pay.

29.8.6

Laid off employees shall, until termination of laid off status or acceptance of other permanent employment, be eligible for:

1. participation, at their own expense, in the Voluntary Group Life Insurance Plan, subject to amendment of the Plan;
2. participation, at the Employer's expense, in the basic coverage of the Compulsory Group Life Insurance Plan, subject to amendment of the Plan.

In the event of layoff or severance, employees may be transferred, with their permission and with the Employer's approval, from their departments or Colleges on a partial, short-term, or permanent basis in lieu of being laid off.

29.9.1 Secondment (Partial and/or Short-Term Transfer of Duties)

1. Secondment of employees, for a portion or all of their academic duties, would normally be occasioned by:
   1. efforts to implement a Council-approved decision establishing particular academic priorities,
   2. enrolment patterns which create serious imbalances in teaching loads of a kind which could be alleviated by transfers;
2. secondments shall be effected only after consultation among the appropriate Dean(s), head(s), and the employee. The President shall confirm a decision about secondment in writing to the employee with a copy to the Association, at least three (3) months prior to the date on which the transfer is to become effective. The written notice of the decision shall indicate the date and the expected duration of the secondment.

29.9.2 Permanent Transfer

1. Permanent transfer would normally be occasioned by:
   1. efforts to implement a Council-approved decision establishing particular academic priorities,
   2. significant and long-term changes in enrolment patterns which create serious imbalances in teaching loads of a kind which could be alleviated by transfers;
2. permanent transfers shall be effected only after consultation among the appropriate Dean(s), head(s), and the employee. The President shall confirm a decision to transfer in writing to the employee with a copy to the Association at least three (3) months prior to the date on which the transfer is to become effective;
3. employees who are transferred will retain tenure, rank, seniority, salary, sabbatical and pension entitlements and all other negotiated or customary benefits.

During a period when layoff or severance is required, retraining may be necessary before an employee can be transferred to another department or College. Retraining shall be voluntary and requires the approval of the Employer. Employees who elect to retrain as a condition of being transferred shall continue to receive their current monthly salary up to a maximum number of months for which they would be eligible according to their period of notification plus their severance payment; and they shall be entitled to the positions for which they retrain.

During a period when layoff or severance is required, every reasonable effort shall be made to retire employees early in order to avoid layoffs. Early retirement shall be voluntary.