Article 19 : elimination of a regular position and layoff

19.1 The following provisions on staffing priority terms and conditions apply strictly to incumbents of regular positions.

19.2 When the University is required to eliminate a position, it first informs the Institute at least thirty (30) days prior to eliminating it. During this period, the Labour Relations Advisory Committee meets to discuss alternatives.

19.3 If no alternative is possible or is no longer available, the regular employee with the least seniority in the service or faculty who has the same position title and level as the one being eliminated is laid off and notified thereof.

19.4 The employee is placed on a staffing priority list at the University for a period of nine (9) months after the notice under 19.3. During this period, the employee has the first right to any reasonable job offer. The competency of the employee for the position may be assessed by the dean or the service director, as appropriate, or their delegate, through an interview and/or selection tests.

19.5 During the staffing priority period, the employee is assigned to a temporary function at his regular salary, either in the faculty or service or elsewhere in the University, unless he is assigned to functions at a higher level, in which case his salary is adjusted upwards by 5% for each pay grade higher than that for the position he holds. An employee's pay is not to be less than the minimum and not exceed the maximum of the pay grade for the new position. The University determines the temporary assignment according to the needs of the service, the faculty or the University.

A temporary assignment respects the employee's qualifications and expertise and, unless the employee agrees, only includes functions covered by the Bargaining unit.

19.6 A "reasonable job offer" is a regular position that is part of the Bargaining unit, normally at an equivalent level, although lower-level job offers are not excluded. The employee must be trainable and flexible. The employee must be able to perform the essential duties of the position, as long as he qualifies. A training period may be determined by the parties, without loss of salary and at the University's expense. If the appointment results in a demotion, the employee's salary is not reduced, but his wage progression is that of the new grade. If the employee's salary is higher than the maximum of the new pay grade, his salary is frozen (red circled) until the grade rises and can be integrated.

19.7 A job offer is deemed reasonable providing that the appointment is at a rate of pay and an attainable salary maximum not less than the employee's salary at the date of the offer.

19.8 Positions offered under staffing priority are exclusively positions covered by the Bargaining unit.

An employee who is offered a reasonable position has five (5) days from the date of the offer to accept or refuse it.

19.9 When an employee has not been able to find a new position during his nine (9) month staffing priority period and has not refused a reasonable job offer as defined in 19.6, the bumping procedure is used as a last resort. In this case, the parties prepare a list of regular employees with less seniority than the employee who was laid off and who have an equivalent position for which he has the required competencies.

The employee who was laid off takes the place of the employee with the least seniority on the above list whose position level is the closest to that of the position that was eliminated.

The employee who is hereby replaced then becomes eligible for the process pursuant to 19.1 and the following articles.

19.10 An employee who refuses a reasonable job offer, a temporary assignment or his bumping right is deemed to have voluntarily abandoned his employment at the University and receives:

one week of salary for every year of full-time continuous service at the University, excluding leaves without pay for more than one month, up to a maximum of twenty-six (26) weeks;
one-twelfth (1/12) of one week of severance for each month of continuous full-time service in excess of full years at the University; and
The University continues to provide the employee's insured benefits for a maximum period of two (2) months in the same proportion as usual.

19.11 An employee who has not found a new position during his nine (9) month staffing priority period and who has not refused a reasonable job offer receives a severance payment. The employee has the choice to either accept the severance payment or be placed on the call-back list under article 20 for a period not to exceed twelve (12) months with laid-off status. An employee receives a severance payment in the following amounts:

a lump sum equivalent to six (6) months of regular base salary;
one week of salary for every year of full-time continuous service at the University, excluding leaves without pay for more than one month, up to a maximum of twenty-six (26) weeks;
one-twelfth (1/12) of one week of severance for each month of continuous full-time service in excess of full years at the University.

The University continues to provide the employee's insured benefits for a maximum period of two (2) months in the same proportion as usual.

19.12 If at the end of this period on the recall list, the employee who has not secured a regular position or has removed his name from the recall list, he receives the severance payment pursuant to 19.11.

19.13 Should the employee who has been laid off be re-hired by the University within six (6) months of the date of termination of employment, the balance of the lump sum is returned to the University as a condition of obtaining employment. Repayment terms and conditions are established between the employee and the University.

19.14 Should an employee be affected one or more times by the elimination of positions later during his period of employment at the University, the employee receives a severance payment for these eliminations only for the years or the partial years that were not covered in the past in addition to a lump sum equivalent to six(6) months of regular base salary.