Article 11 : promotions, demotions, lay-offs and recalls
11.1 a) When the University decides to fill a vacant position included in the Bargaining Unit, the University informs the Union about the content of the posting before starting the hiring process with the Human Resources Service.
b) All employees active on December 31st, 2014 shall have grandfathered rights to the current provisions in Article 7.1.2) 3.
c) For all vacant positions in the maintenance sector that the employer wishes to fill, the University :
- Will determine the number of hours per week of the position either 32, 36 or 40 hours, depending on the operational needs or will leave the choice to the employee for working hours as stated in Article 7.1.2) 3;
- Will show on the posted position the determined number of hours per week of the position and it will be inserted in the work description;
- The Univeristy cannot post a regular position with less than 32 hours a week;
- The eight (8) regular positions in the Operations who accomplish their work in the evening, at night and/or during the weekend, will stay at 32 hours a week.
11.2 Subject as here and after provided in this article, competence shall be the determining factor in all matters affecting promotions and demotions.
Lead Hand Employees: Lateral Movement
11.3 Before posting a vacant regular Lead Hand position, the University will post an opportunity of lateral movement on the Notice Board for ten (10) calendar days, and will notify all Lead Hand employees in writing (employee's mail box) and by email. A Lead Hand employee has a maximum of ten (10) calendar days to submit their application to the Manager, Mechanical and Plumbing, Infrastructure. The position will be offered, in order of Bargaining Unit seniority.
For exceptional circumstances, the Mechanical / Plumbing Supervisor may refuse a lateral transfer to a Lead Hand employee in order to avoid a work relation problem. The University will not refuse a lateral movement without a valid reason. The Parties may request a meeting to discuss the decision, in order to have mutual agreement.
11.4 When filling a vacant position, the competence of the internal applicants shall be given primary consideration and if there is any choice to be made between two (2) or more internal candidates having relatively equal competence, the employee that has more seniority in the Bargaining unit shall receive preference.
11.5 In the case of a lay-off, seniority in a given classification as specified in the Ontario Operating Engineers Act as amended from time to time shall be the determining factors. The employee having the least seniority in a given classification shall apply.
In this case, the Parties will establish together a classification seniority list applicable to the lay-offs.
The Parties can also discuss alternative measures.
11.6 When an employee is laid off he shall have the option of displacing an employee in a lower classification providing he has more seniority within the Bargaining Unit than the employee in the lower classification. It is understood that when an employee exercises this option he shall be paid the rate for the lower classification.
11.7 In the case of recalls, the employees previously laid off will be invited within a period of twenty-four (24) months from the date of their lay-off, to apply for any vacant position for which they are competent. When more than one (1) employee with equal competence has applied, the seniority within the Bargaining Unit will be the determining factor.
11.8 Any recalled employee will lose his seniority and will be deleted from the list if he fails to advise the University within five (5) days of receipt of notice to return to work (registered mail), which he will have received and signed personally, of his intention to return or if he fails to report for work on the date and at the time specified in the said notice.
It shall be the duty of the employees to notify the University promptly of any change of their address. If any employee should fail to do so, the University will not be responsible for failure of such notice to reach the employee.
11.9 Temporary interruption of university activities at a Faculty, School or Service:
Since certain essential operations must be maintained around the clock, throughout the entire year, the University, in practice, never closes completely or interrupts all of its services, except in very exceptional circumstances.
11.10 The activities of a Faculty, School or Services may be interrupted, either partially or completely, in exceptional circumstances such as a disaster, a breakdown in air ventilation, a prolonged electrical failure, a major snow storm, etc. The Deans and Directors or their substitute may make such a decision.
Whenever the activities of the Power Plant Division are partially or totally interrupted, the employees covered by the Agreement may be treated in two possible manners, according to the circumstances:
- If the University requests the employees to leave work or to refrain from coming to work, regular remuneration will continue without interruption. Employees on vacation or already taking a rest day because of a flexible schedule do not receive extra pay when the University makes such a request; the regular work schedule remains unchanged in this situation.
- Those among the employees who are retained on duty by their Director or the Chief Operating Engineer, Power Plant, will receive, in addition to their regular remuneration, an additional amount equal to their normal basic remuneration or time off equivalent to the number of hours worked.