Article 14 - Layoff and procedures
I – SPECIAL MEASURES
14.01 1- Change of mission with creation of a new institution or integration in one or more institutions that take on the same mission for the same population (whether or not there is a new legal entity)
A)
As long as there is an equal or greater number of jobs available in the same job title and the same status, employees with job security choose positions by seniority, in their institution or another institution. Should they fail to make this choice, they are registered on the availability list of the institution that changes missions.
B)
If there are fewer jobs to be filled in the same job title and status than the number of employees with job security in that job title and status, the latter choose positions with the same status, by seniority, in their institution or another institution, in the following order:
1. in the same job title;
2. if positions in the same job title are not available, employees choose positions in the same sector of work, providing they meet the normal requirements of the job.
Employees with job security cannot, however, be prevented from choosing a position in their job title as a result of the application of B) 2.
Should they fail to make a choice, they are registered on the availability list of the institution that changes missions.
C)
If there are still positions to be filled, employees holding positions who do not have job security choose positions by seniority, in their institution or another institution. The choice is made among positions with the same status and job title. Failing that, employees choose in another job title in the same sector of work, providing they meet the normal requirements of the job. Should they fail to make a choice, they are registered on the availability list of the institution that changes missions.
D)
Until a new organizational plan comes into force, when the Employer abolishes a position in an activity centre, it is the employee in that job title and status with the least seniority in the activity centre who is affected. If this employee has chosen a position in another institution, the person is transferred to the chosen position in that institution as soon as they can begin work there. Meanwhile, employees with job security are registered on the replacement team of their institution and employees without job security are registered on the availability list of their institution.
Employees who are unable to obtain a position are laid off and registered, if applicable, with the provincial workforce service (SNMO – Service national de main-d'œuvre).
2- Change of mission without creation of a new institution or integration in another institution
A)
As long as there is an equal or greater number of jobs available in the same job title and the same status, employees with job security choose positions by seniority. Should they fail to make this choice, they are registered on the availability list.
B)
If there are fewer jobs to be filled in the same job title and status than the number of employees with job security in that job title and status, the latter choose by seniority whether to stay at the institution or to leave.
However, if the number of employees with job security who choose to stay at the institution is not enough to fill the positions available, they are filled by the employees with the least seniority among those in the same job title and same status who have job security.
Until the new organizational plan comes into force, when the Employer abolishes a position or closes an activity centre and the employee affected has job security and has chosen to leave the institution, the employee is laid off. If the employee affected has chosen to stay at the institution, they take the position of the employee in the same job title and status with the most seniority in the institution who has chosen to leave. Should there be an insufficient number of employees who have chosen to leave, the employee affected takes the position of the employee in the same job title and status with the least seniority in the institution.
If the employee affected by a job abolition or closure of an activity centre does not have job security, that employee takes the position of the employee in the same sector of work and same status with the least seniority in the institution, providing that they meet the normal requirements of the job. The employee thus affected or an employee who is unable to obtain a position is laid off.
When the organizational plan comes into force, employees with job security who remain at the institution will have to choose by seniority a position with the same status in the positions to be filled, in the order set out in 14.01-1-B).
Should they fail to make a choice, they are registered on the availability list.
C)
If there are still positions to be filled, employees holding positions who do not have job security choose positions by seniority. The choice is made among positions with the same status and job title. Failing that, employees choose in another job title in the same sector of work, providing they meet the normal requirements of the job. Should they fail to make a choice, they are registered on the availability list.
Employees who are unable to obtain a position are laid off and registered, if applicable, with the provincial workforce service (SNMO – Service national de main-d’œuvre).
14.02 1- Total closure of an institution with creation or integration of the institution or part thereof in one or more other institutions
A)
As long as there is an equal or greater number of jobs available in the same job title and the same status, employees with job security choose positions by seniority, in another institution. Should they fail to make this choice, they are deemed to have resigned.
B)
If there are fewer jobs to be filled in the same job title and status than the number of employees with job security in that job title and status, the latter choose positions by seniority in another institution, in the order set out in 14.01-1-B). Should they fail to make this choice, they are deemed to have resigned.
Until the date on which the institution closes for good, when the Employer abolishes a position in an activity centre, it is the employee in the job title and status with the least seniority in the activity centre who is laid off. If this employee has chosen a position in another institution and that position is vacant, the employee is transferred to it. If this employee does not have job security, they take the position of the employee in the same sector of work and status with the least seniority in the institution, providing that they meet the normal requirements of the job. The employee thus affected or an employee who is unable to obtain a position is laid off.
C)
If there are still positions to be filled, employees holding positions who do not have job security choose positions by seniority in another institution. The choice is made among positions with the same status and job title. Failing that, employees choose in another job title in the same sector of work, providing they meet the normal requirements of the job. Should they fail to make a choice, they are deemed to have resigned.
Employees who are unable to obtain a position are laid off and registered, if applicable, with the provincial workforce service (SNMO).
2- Total closure of an institution without creation of a new institution or integration in another institution
Until the date on which the institution closes for good, when the Employer abolishes a position in an activity centre, it is the employee in the job title and status with the least seniority in the activity centre who is laid off. If this employee does not have job security, they take the position of the employee in the same sector of work and the same status with the least seniority in the institution, providing that they meet the normal requirements of the job. The employee thus affected or an employee who is unable to obtain a position is laid off.
When the institution closes for good, employees still employed by the institution are laid off and registered, if applicable, with the provincial workforce service (SNMO).
14.03 Total or partial closure of one or more activity centres with creation or integration of the activity centre(s) or part(s) thereof in one or more institutions that take on the mission formerly carried out by the activity centre(s) for the same population
When the Employer closes part of an activity centre, the employees with the least seniority in the job title and status concerned are the ones affected.
Employees whose position is abolished choose positions by seniority in the same job title and status in another institution, depending on the jobs available.
If, however, there are fewer positions to be filled in the same job title and status than the number of employees with job security whose positions are abolished, the latter choose by seniority between using the bumping and/or layoff procedure and filling a position that is available in another institution. If jobs remain available, they are then filled by the employees with job security who have the least seniority.
Employees who refuse such a transfer are registered on the availability list of their institution.
If there are not enough jobs available in the same job title and status, the bumping and/or layoff procedure applies to the other employees.
14.04 Merger of institutions
On the date of the merger, employees are transferred to the new institution.
A)
If the organizational plan resulting from the merger of institutions provides for the partial
closure of an activity centre with creation or integration in one or more other activity centres,
the provisions of clause 14.05 apply.
B)
If the organizational plan resulting from the merger of institutions provides for the partial closure of an activity centre with creation or integration in one or more other activity centres, the provisions of clause 14.05 apply.
C)
If the organizational plan resulting from the merger of institutions provides for the activity centre to be closed without creation or integration, clause 14.02-2 applies.
14.05 Total or partial closure of one or more activity centres with creation or integration in one or more other activity centres
When the Employer closes part of an activity centre, the employees with the least seniority in the job title and status concerned are the ones affected.
Employees whose position is abolished choose positions by seniority in the same job title and status in another activity centre, depending on the jobs available.
If, however, there are fewer positions to be filled in the same job title and status than the number of employees with job security whose positions are abolished, the latter choose by seniority between using the bumping and/or layoff procedure and filling a position that is available in another activity centre. If jobs remain available, they are then filled by the employees with job security who have the least seniority.
Employees who refuse such a transfer are registered on the availability list of their institution.
If there are not enough jobs available in the same job title and status, the bumping and/or layoff procedure applies to the other employees.
14.06 Closure of one or more activity centres without creation or integration in one or more other activity centres
If one or more activity centres are closed, the bumping and/or layoff procedure applies.
14.07 Merger of activity centres
Employees are transferred to the new activity centre in the same job title and status, depending on the jobs available.
If there are fewer jobs to be filled than the number of employees affected, the jobs are filled by seniority by employees in the same job title and status. If employees refuse, they are registered on the availability list.
If there are not enough jobs available in the same job title and status, the bumping and/or layoff procedure applies to the other employees.
14.08
In the framework of the special measures set out in clauses 14.01 to 14.07, the parties meet at the request of either party to agree, if applicable, on alternatives likely to reduce the impact on employees. They may also agree in local arrangements on other rules for applying clauses 14.05 to 14.07.
14.09
If they have job security, employees who cannot be transferred to another institution under clause 14.01 or 14.03, or to another activity centre under clause 14.05, or to a merged activity centre under clause 14.07, and employees who are affected by clause 14.06 are deemed to have applied for any position that becomes vacant or is created during the period of advance notice set out in clause 14.10, providing that the number of hours of work in such a position is equal to or greater than the number of hours of work in their position.
If there are two (2) or more employees concerned to whom the position can be granted in the first paragraph, the position is offered by seniority and the employee with the least seniority is obliged to accept it if no one with more seniority accepts it.
If after being appointed the employee cannot take up the new position immediately, the position is deemed to be a position temporarily without an incumbent until the employee can begin work in it, which must not be any later than the end of the period of advance notice set out in clause 14.10.
If an employee concerned by the first paragraph refuses a position granted to them under the procedure outlined above, they are registered on the availability list of the institution.
14.10
In the cases set out in clauses 14.01 to 14.04, the Employer must give the provincial workforce service (SNMO), the provincial joint committee on job security, the Union and the employee at least two (2) months’ notice in writing.
In the cases set out in clauses 14.05 to 14.07, the Employer must give the Union and the employee at least one (1) month’s notice in writing.
Except for the employee, the notice includes the names, addresses and job titles of the employees concerned. The notice to the provincial workforce service (SNMO) also includes the phone numbers of the employees concerned.
The notice to the Union also includes the following information:
- the planned schedule;
- the nature of the reorganization;
- any other relevant information about the reorganization.
An employee affected by a layoff receives at least two (2) weeks’ notice in writing.
14.11
Transfers of employees caused by the application of clauses 14.01 to 14.07 are done within a radius of seventy (70) kilometres from their home base or residence.
However, an employee who is transferred outside a radius of fifty (50) kilometres from their home base or residence is entitled to the mobility premium provided in Article 15 and the moving expenses provided in Article 16, if applicable.
For the employee to be entitled to these reimbursements, the move must take place within a maximum of six (6) months of when the employee begins work in the new position.
14.12
For the purposes of applying this Article, the word “institution” includes a community service.
14.13
An institution that takes over and/or creates one or more new activity centres cannot hire outside applicants if that would have the effect of depriving employees in one or more activity centres that are closing of jobs in the new institution or activity centre.
Employees transferred under the provisions of clause 14.01, 14.02 or 14.03 take their seniority with them to the new Employer.
14.14
For the purposes of applying the measures set out herein, personnel movements are done by job status.
In the case of part-time employees, these provisions apply in regard to positions with a number of hours equal to or greater than the number of hours in the positions they now hold.
14.15
An employee with job security who, as a result of the application of measures under 14.01-1, 14.01-2 or 14.02-1, chooses a position in another job title, may obtain it if they meet the normal requirements of the job.
14.16
At the end of the period of advance notice, employees who are laid off must avail themselves of the bumping and/or layoff procedure if the measure provides for it, before benefiting from the provisions of Article 15, if applicable.
14.17 Abolition of one or more positions
If one or more positions that are not vacant are abolished, the Employer gives the Union at least four (4) weeks’ notice in writing, indicating the position or positions to be abolished. The notice may also include any other information relevant to the abolition. At the request of either party, the parties may meet to agree, if applicable, on alternatives likely to reduce the impact on employees.
The bumping and/or layoff procedure applies.
II – BUMPING AND/OR LAYOFF PROCEDURE
14.18
The bumping and/or layoff procedure to be negotiated and agreed upon at the local level:
- must take into account employees’ seniority, providing that they meet the normal requirements of the job;
- must take into account employees’ job status;
- must not result in the layoff of an employee with job security as long as there is an employee without job security who can be laid off.
Unless the parties agree otherwise by local arrangement, bumping is done within a radius of fifty (50) kilometres from the home base or residence of the employee to be bumped. If there is no possibility for the employee to be bumped within this radius of fifty (50) kilometres, the applicable radius is seventy (70) kilometres.
14.19
Full-time or part-time employees who bump a part-time employee have their salary prorated to their hours of work.
14.20
In all cases, an employee who, taking into account clause 14.18, has to bump outside a radius of fifty (50) kilometres from their home base or residence is entitled to the mobility premium provided in Article 15 and reimbursement of moving expenses, if applicable.
For the employee to be entitled to this reimbursement, the move must take place within a maximum of six (6) months of when the employee begins work in the new position.
14.21
Unless provided otherwise in this Article, under no circumstances is an employee to suffer a reduction in salary.
14.22
If, following the application of the bumping and/or layoff procedure, employees entitled to the provisions of clause 15.02 or 15.03 are in fact laid off, they are reassigned to another job in accordance with the procedure set out in Article 15.
14.23 Definition of radius
For the purposes of applying this Article, the radius of fifty (50) or seventy (70) kilometres, as the case may be, is calculated by road (the usual itinerary), with the home base where the employee works or the employee’s residence at the centre.