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Article 18 : employment and lay-off priority

When the University decides to eliminate one or more positions for non-disciplinary, administrative reasons, the following terms and conditions apply:

18.1 Within seven (7) calendar days following the decision to eliminate a position or implement an administrative reorganization, the University notifies the President of the Bargaining Unit and the affected employee(s).

The University must submit in writing to the President of the Bargaining Unit the assigned duties of the eliminated position, if applicable.

18.2 Where the position to be eliminated is not unique in the faculty or service, the University draws up a list of employees occupying positions with the same title, group and level or with the same responsibilities, by the seniority date in the Bargaining Unit.

18.3 The employee with the least seniority in the affected faculty or service will receive a letter notifying him that the position has been eliminated.

18.4 The parties discuss alternative measures for a maximum duration of thirty (30) calendar days after notice has been given.

18.5 If there are no alternative measures or if alternative measures have been completed, the employee is placed on an employment priority list at the University for a period of six (6) months. During this period, the employee has the first right to any reasonable job offer and the Parties can continue to discuss alternative measures over that period. The Dean, Director or their delegate evaluates competence by means of either an interview or an interview and selection tests. The employee can be accompanied by a member of the Bargaining Unit acting as an observer if the employee so wishes.

18.6 During the employment priority period, the employee works in a position on temporary assignment, either in his faculty or service or elsewhere at the University, at his regular rate of pay. The University determines the temporary assignment according to the needs of the service, the faculty or the University.

18.7 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 with salary protection. 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, in consultation with the employee.

18.8 A reasonable 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, or an appointment to a lower-level position with a lower maximum rate of pay than the position occupied.

18.9 When there are reasonable job offers in a faculty or service, the employee who received notice will be transferred into one of these positions, without competition, provided that the employee meets the skills and qualifications of the position. The Dean, Director or their delegate shall evaluate competence by means of either an interview or an interview and selection tests. The employee can be accompanied by a member of the Bargaining Unit, acting as an observer, if the employee so wishes.

18.10 Positions offered under employment priority are exclusively positions covered by the certification order.

18.11 When an employee accepts an appointment with a lower maximum rate of pay than the position occupied, his salary will be protected at the time of demotion so that he will be guaranteed the same salary or a proportional salary if the number of hours worked is different. Subsequent salary increases will not take place until the maximum of the position's salary scale reaches at least the salary of the employee.

18.12 The terms and conditions of employment priority and lay-off apply strictly to employees who occupy regular positions, except employees occupying regular seasonal positions. The provisions of this Article do not prevent the University from laying off a seasonal employee at the time specified for this lay off. However, the employee is covered by the terms and conditions of this Article at the time specified for the resumption of activities

18.13 When an employee has not been able to find a new position during his six (6) month employment priority period and has not refused a reasonable job offer from the University, the bumping procedure will be used as a last resort. In this case, the parties draws up a list of employees occupying positions with the same title, group and level within the Bargaining Unit. The employee bumps the employee with the least seniority on the list. The employee who is bumped becomes eligible for the process in this Article.

18.14 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 receive:

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

18.15 An employee who has not found a new position during the six (6) month employment priority period and who has not refused a reasonable job offer from the University 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 each year of full-time continuous service at the University, excluding leaves without pay of 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 distribution as usual.

18.16 The employee has the choice to either accept the severance payment or be placed on the call-back list for a period not to exceed twelve (12) months with laid-off status.

18.17 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 shall be returned to the University as a condition of obtaining employment. Repayment terms are established between the employee and the University.

18.18  If the employee has not been called back by the end of the twelve- (12) month lay-off period, he will be granted the severance payment provided for in Article 18.15.

18.19  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 receive 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.