Article 15 - Job security

General provisions

For the purposes of applying this Article, the employees concerned are full-time or part-time employees.

Employees covered by clause 15.02 or 15.03 who are laid off as a result of the application of the bumping and/or layoff procedure, or following the total closure of their institution or total destruction by fire or otherwise, are entitled to the provisions of this Article.

15.01 Replacement team

1. The replacement team is composed of employees who have been laid off and who have job security within the meaning of clause 15.03.
2. Employees on the replacement team have priority over employees on the availability list to fill positions temporarily without an incumbent, to handle temporary extra workloads, to perform work of limited duration or for any other reason on which the parties agree.
3. Employees are assigned in reverse order of seniority, and to similar positions. However, any assignment to a full-time position must be offered first to a full-time employee, regardless of part-time employees’ seniority.
4. These employees cannot refuse assignments proposed by the Employer.
5. Employees on the replacement team are entitled to the provisions of this collective agreement.
6. In the first twelve (12) months following the date they were laid off, employees on the replacement team may be assigned by the Employer outside a radius of fifty (50) kilometres from their home base or residence, providing it is not more than seventy (70) kilometres from their home base or residence.
   After that initial twelve (12)-month period following the date they were laid off, employees from the replacement team may be assigned by the Employer outside a radius of seventy (70) kilometres from their home base or residence.
   The following conditions apply for these assignments:
   • the Employer provides the employee with the travel and living expenses stipulated in Article 33 (Travel allowance);
   • the Employer can only assign the employee for replacement assignments of at least five (5) days of work;
   • the Employer can only assign the employee for a short-term replacement assignment (one (1) month maximum), limiting the number of assignments to a maximum of four (4) non-consecutive assignments per year;
   • the employee cannot be kept on such an assignment and must be reassigned to a replacement assignment within the fifty (50)-kilometre or seventy (70)-kilometre radius, as the case may be, as soon as such a replacement assignment becomes available, notwithstanding the seniority rules set out in this clause;
   • the replacement assignment outside the fifty (50)-kilometre or seventy (70)-kilometre radius, as the case may be, can only be used on an exceptional basis.

15.02 Job priority

An employee with between one (1) and two (2) years of seniority who is laid off is entitled to job priority in the health and social services sector. Such an employee is reassigned in accordance with the procedures set out in this Article. The employee does not receive any benefits during the waiting period. The employee is not entitled to the mobility premium or moving or living expenses, or to the severance pay provided for in this Article.

The employee must receive written notice of layoff at least two (2) weeks in advance. A copy of the notice is sent to the Union. During the waiting period, the employee does not accumulate or receive any allowances.

At the same time, the Employer sends the name, address, phone number and job title of the employee concerned to the provincial workforce service (SNMO).

15.03 Job security system

Employees with two (2) years or more of seniority who are laid off are entitled to the job security system until they are reassigned to another position following the procedures set out in this Article.

The job security system includes the following benefits only:

1. reassignment in the health and social services sector;
2. a job-security allowance;
3. continuation of the following benefits:
   • standard life insurance plan;
   • basic health insurance plan;
   • disability insurance plan;
   • pension plan;
   • accumulation of seniority in accordance with the terms of the collective agreement and this Article;
   • annual vacation leave plan;
   • transfer to the new Employer of the employee’s bank of sick leave and days of annual vacation leave earned at the time of their departure, minus days used during the waiting period;
   • parental rights.

Union dues continue to be deducted.

The job-security allowance must be equivalent to the salary stipulated for the employee’s job title, including, as the case may be, the supplements and additional remuneration under Article 17 and Appendix 1 at the time the employee was laid off.

Evening- and night-shift premiums, shift rotation and split-shift premiums, premiums for inconveniences that were not suffered, and responsibility premiums are excluded from the basis for calculating the job-security allowance.

The allowance is adjusted on the date of the statutory increase and the date on which the employee changes echelons, if applicable.

Under the terms of this Article, part-time employees benefiting from this clause receive an allowance until they are reassigned, equivalent to the weekly average salary for the hours worked during their last twelve (12) months of service.

Employees covered by this clause are put on the replacement team of the institution where they are employees, in accordance with clause 15.01 of the collective agreement.

15.04

For the purposes of acquiring the right to job security or job priority, seniority is not accumulated in the following cases:

1. an employee who is laid off;
2. an employee on authorized leave without pay after the thirtieth (30th) day from the start of the absence;
3. an employee on sick leave or accident leave after the ninetieth (90th) day from the start of the leave, except for work-related accidents and occupational diseases recognized as such by the CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail);
4. an employee on leave under Article 25, except for the leave provided in clauses 25.05, 25.15, 25.19, 25.19A, 25.21A and 25.22A.

15.05 Reassignment procedure

An employee is reassigned, taking into account seniority applicable in the reassignment area, to a position for which they meet the normal requirements of the job. Requirements must be relevant and related to the nature of the duties.

In the first twelve (12) months following the date on which an employee was laid off, the applicable reassignment area is a fifty (50)-kilometre radius. After that period, the applicable reassignment area is a seventy (70)-kilometre radius.

The reassignment area is a geographic area delimited by a fifty (50)-kilometre or seventy (70)-kilometre radius, as the case may be, by road (the usual itinerary), with the home base where the employee works or the employee’s residence as the centre.

Reassignment in a similar position

An employee covered by clause 15.03 is deemed to have applied for any similar position with the same job status that becomes vacant or is newly created in the institution in which they are an employee, in the reassignment area applicable for the period of time that has elapsed since the date the employee was laid off.

A part-time employee is deemed to have applied for any similar position with a number of hours equal to or greater than the number of hours in the position that they held.

If the employee is the only applicant who meets the criteria established for awarding the position or is one of the applicants who best meets the criteria established, the position is awarded to that employee. If the employee refuses, they are deemed to be on the availability list.

If another applicant has more seniority, the Employer fills the position in accordance with the provisions on voluntary transfers, providing that the other applicant frees up a similar position accessible to the employee covered by clause 15.03 who has the most seniority.

For the purposes of applying this Article, the words “similar position” mean that an employee in a given profession must first be reassigned to a position with the same job title, or if this proves to be impossible, to a position in the same profession.

The rules set out in the preceding paragraphs apply to other vacancies created by promotions, transfers or demotions until the end of the process, in accordance with the provisions on voluntary transfers.

If the position that must be awarded to an employee covered by clause 15.03 is located more than fifty (50) kilometres from their home base or residence, the following provisions apply:

1. The employee may refuse the position as long as there is another less senior employee covered by clause 15.03 who meets the normal requirements of the job and for whom the position is a comparable position in the reassignment area applicable for the period that has elapsed since the date the employee was laid off. In this case, the position is filled by the other employee.

2. If there is more than one position that can be awarded to the employee, the latter is reassigned to the position in the location that is most advantageous for them.

3. Reassignment to such a position can be suspended if foreseeable replacement needs assure the employee continuous work and if a vacant comparable position in the institution that is located in the reassignment area applicable for the period that has elapsed since they were laid off may become available within a given period of time.

Until they are reassigned, employees may be assigned to a similar vacant or newly created part-time position for which they meet the normal requirements of the job, with fewer hours of work than the number of hours in the position that they held. During this period, the position is not subject to the provisions on voluntary transfers.

Employees thus assigned continue to be covered by the provisions of this Article. They are put on the replacement team to complete their work week or, in the case of a part-time employee, for up to the weekly average number of hours worked in the last twelve (12) months of service.

Reassignment in a comparable available position

Employees covered by clause 15.03 are required to accept any available comparable position that they are offered in the reassignment area applicable for the period of time that has elapsed since the date of their layoff.

In a specific case, however, this rule can be overruled by the SNMO, subject to approval by the joint provincial job security committee (CPNSE), or by the CPNSE, or failing unanimity there, by an arbitrator’s decision under clause 15.18.

Employees covered by clause 15.03 may nonetheless refuse the position offered, as long as there is another employee covered by the same clause who has less seniority in the reassignment area corresponding to the period of time since their layoff, who meets the normal requirements of the job and for whom it is a comparable position.

The offer must be made in writing to the least senior employee, giving that employee five (5) days to make a choice.

The SNMO may, however, oblige an employee affected by the total closure of an institution because of fire or some other reason to move if there is no other institution in the reassignment area corresponding to the period of time stipulated in this clause.

The SNMO may also oblige an employee to move if there is no comparable position in the reassignment area corresponding to the period of time stipulated in this clause.

In such cases, the move is to a location as close as possible to the employee’s former home base, and the employee is entitled to the mobility premium provided for in this clause as well as moving expenses, if applicable.

Part-time employees are reassigned to a comparable available position providing that the weekly number of hours of work for the position is equal to or greater than the weekly number of hours that they worked in their last twelve (12) months of service.

Full-time employees who are reassigned on an exceptional basis to part-time positions do not for this reason incur any loss of salary compared to the salary for the job title that they had prior to being laid off.

The Employer may suspend the reassignment to another institution of an employee on the replacement team who so requests if foreseeable replacement requirements ensure the employee continuous work and if a vacant and comparable position for which the employee meets the normal requirements of the job may become available in the institution within a given period of time.

An employee who is offered a job in accordance with the rules of application described above may refuse it. The employee’s refusal will, however, mean that the employee is deemed to have resigned voluntarily, subject to the choices that they can make under the preceding paragraphs.

Available position

For the purposes of applying this Article, a full-time position is considered to be available when no applicant has applied or when none of the employees who applied meets the normal requirements of the job, or when under the provisions on voluntary transfers, the position is to be awarded to an applicant holding a part-time position or an applicant on the availability list who has less seniority than an employee covered by clause 15.03 and registered with the SNMO.

For the purposes of applying this Article, a part-time position is considered to be available when no applicant has applied or none of the employees who applied meets the normal requirements of the job, or when under the provisions on voluntary transfers, the position is to be awarded to an applicant on the availability list who has less seniority than an employee covered by clause 15.03 and registered with the SNMO.

No institution may use an employee on the availability list or hire an outside applicant for an available part-time position as long as there are employees covered by clause 15.03 registered with the SNMO who can meet the normal requirements of the job for the position.

No institution may use an employee holding a part-time position or an employee on the availability list or hire an outside applicant for an available full-time position as long as there are employees covered by clause 15.03 registered with the SNMO who can meet the normal requirements of the job for the position.

Comparable position

For the purposes of applying this collective agreement, a position is deemed to be comparable if it is included in the same sector of work as the one that the employee left. The sectors are:

a) nurses;

b) graduate technicians;

c) para-technical;

d) auxiliary services;

e) office work;

f) trades;

g) employees assigned to social work (social aides, social work technicians or contributions technicians);

h) personnel assigned to education and/or rehabilitation (educators, specialized education technicians);

i) nursing assistants;

j) professionals.

Miscellaneous provisions

15.06

An employee must meet the normal requirements of the job for any position to which they are reassigned. It is up to the new Employer to show that a candidate reassigned by the SNMO cannot meet the normal requirements of the job.

15.07

An employee covered by clause 15.03 may request to be reassigned to a non-comparable position in their institution, if they meet the normal requirements of the job.

15.08

An employee who under this Article must move receives written notice and must accept or refuse the reassignment within five (5) days of receiving the notice. A copy of the notice is sent to the Union.

15.09

Employees covered by clause 15.03 may accept a job outside the reassignment area applicable to the time that has elapsed since the date they were laid off. Employees who accept a job outside a radius of seventy (70) kilometres from their home base or residence are entitled to a mobility premium that is equal to three (3) months’ salary, plus moving expenses, if applicable.

15.10

Part-time employees covered by clause 15.03 are entitled to the mobility premium prorated to the number of hours worked in their last twelve (12) months of service.

15.11

Subject to clause 15.09, all employees reassigned within the meaning of this Article outside a fifty (50)-kilometre radius from their home base or residence are entitled to the mobility premium and, if they must move, to the moving expenses provided under Treasury Board regulations appearing in Article 16 and/or the allowances provided under the federal labour-force mobility program, if applicable.

15.12

Employees covered by clause 15.03 who are laid off cease to receive their allowance as soon as they are reassigned within the health and social services sector, or as soon as they take a job outside the sector.

15.13

Employees who are reassigned carry with them to the new Employer all their rights under this agreement, except for vested privileges under Article 39, which are not transferable.

15.14

If there is no collective agreement with the new employer, each reassigned employee is governed by the provisions of this agreement, providing that these provisions are applicable individually as if it were an individual work contract, until a collective agreement is reached in the institution, unless there are regulations governing it.

Any person reassigned by the SNMO to a place in the health and social services sector where there is a collective agreement is credited, for seniority, with the equivalent of the seniority that person would have acquired had they been covered by the provisions of this agreement.

15.15

Employees covered by clause 15.03 who, between the time they are laid off and the time they receive notice of reassignment, relocate at their own initiative outside the health and social services sector or decide for personal reasons to leave the sector for good and inform the Employer in writing that they are resigning are entitled to an amount equal to six (6) months of pay as severance pay.

Part-time employees are entitled to severance pay prorated to the number of hours worked in their last twelve (12) months of service.

15.16 Provincial workforce service (SNMO)

1. A provincial workforce service (SNMO) is set up, under the direction of the CPNSSS (management bargaining committee for the health and social services sector). This service co-ordinates the reassignment of employees who are laid off and is responsible for the implementation of retraining programs for them, in accordance with the rules set out in this Article.
2. At the end of each accounting period, the SNMO sends representatives of the joint provincial job security committee (CPNSE) all the relevant information for carrying out its mandates, and in particular:
   • The list of available positions;
   • The list of employees covered by clause 15.03, including the information on their registration form, distinguishing between:
     • Employees registered during the accounting period;
     • Employees struck off the list during the accounting period, the reasons for striking them off and, where applicable, the name of the institution to which they have been reassigned;
     • Employees who have not yet been reassigned.
3. The SNMO also sends full information about a reassignment in writing to the CPNSE representatives, the institutions concerned, the unions concerned and employees covered by clause 15.03 in the same sector of work who have more seniority than the employee who has been reassigned.

15.17 Retraining

For employees covered by clause 15.03 who are not reassigned, the SNMO supports access to retraining, on the following conditions:

• that the employees meet the requirements of the organizations delivering the courses;
• that available positions can be offered in the short term to employees who take the retraining.

Retraining of employees who are on job security and registered with the SNMO can take the form of any academic or other learning process that enables them to acquire the skills and/or knowledge required to work in their job title or another job title.

An employee who has valid reasons may refuse to take a retraining course offered; if the employee does not have valid reasons, they are deemed to belong to the institution’s availability list.

15.18 Recourse

Employees covered by clause 15.03 who believe that they have been wronged by an SNMO decision may ask for their case to be reviewed by the CPNSE by sending written notice to this effect within ten (10) days of the SNMO sending information about a reassignment, under 15.16.3, or within ten (10) days of information being sent about the SNMO’s assessment of an employee’s refusal to accept the retraining offered.

The CPNSE has ten (10) days from receiving the notice, or any other period of time agreed upon by the committee, to decide on the dispute.

A unanimous decision by the CPNSE is sent in writing to the SNMO and the employees, unions and institutions concerned. The committee’s decision is enforceable and binding on all parties involved.

When members of the CPNSE do not succeed in resolving the dispute, they agree on the choice of an arbitrator. Failing agreement on the choice, the arbitrator is automatically appointed by the Ministère du Travail. The arbitrator’s professional fees and expenses are borne equally by the parties.

The arbitrator must notify all concerned parties of the hearing and hold the hearing within twenty (20) days of receiving the case. The arbitrator must render a written, reasoned decision within fifteen (15) days of the hearing.

The arbitrator’s decision is final and binding. The arbitrator may not alter the collective agreement but may:

• quash a reassignment;
• order the SNMO to reassign the aggrieved employee in accordance with the collective agreement;
• render any decision on the assessment of reasons for refusing retraining;
• deal with complaints regarding reassignments requiring moving;
• issue binding orders to all parties involved.

15.19 Joint Provincial Job Security Committee (CPNSE)

1. A joint provincial job security committee (CPNSE) is created, composed of three (3) representatives of the APTS and three (3) representatives of the CPNSSS. If the case concerns more than one union, the committee is expanded accordingly. Nathalie Faucher is designated chairperson; Claude Martin is the substitute.

2. The CPNSE’s mandates are to:

• audit the application of the SNMO reassignment rules;
• decide on disputes over SNMO decisions;
• cancel appointments if reassignment procedures were not followed;
• identify solutions in cases involving:
  • low utilization rates before layoff;
  • no reassignment within twelve (12) months of layoff;
  • reassignment area problems.
• analyze retraining possibilities, discuss funds and selection criteria, and make recommendations to the SNMO;
• discuss any other relevant job security issues.

3. At the request of a union or employer, the CPNSE may rule on disputes related to special measures not covered by the agreement or disputes over clauses 14.01 to 14.07, if more than one bargaining unit is involved. The request must be made within thirty (30) days of notice. The chairperson rules on admissibility if there is disagreement. Disputed measures are suspended until resolved.

4. The CPNSE meets at either party’s request to:

• resolve decisions that would exempt local parties from obligations regarding available positions;
• resolve regional decisions contradicting the job security plan;
• check if reassignment rules involving multiple unions can be reconciled;
• examine validity of SNMO registration for employees covered by clause 15.03.

5. Any unanimous decision by the CPNSE under sections 3 and 4 is binding. If the committee fails to reach an agreement, the chairperson decides within fifteen (15) days. The decision is final and binding. The chairperson may not amend the agreement except when:

• the special measure is not provided for;
• provisions of multiple agreements cannot be reconciled.

In such cases, the chairperson’s decision constitutes a specific case.

6. If a party fails to appear, the CPNSE or chairperson may proceed regardless.

7. Institutions must reverse any appointment made in response to a CPNSE or chairperson decision.

8. Chairperson’s professional fees and expenses are shared equally by the parties.

9. The CPNSE sets its own operational rules. All decisions must be unanimous.

15.20 If an employee contests an SNMO decision involving a move and does not begin work in their new position, that employee ceases to receive the allowance equal to their salary as of the fiftieth (50th) day following the SNMO’s notice indicating the location of their new job.

If an employee contests a decision and wins, the arbitrator will, if applicable, order the reimbursement of expenses incurred by the employee as a result of beginning work with the new Employer or the loss of income suffered if the employee did not begin work there.

An employee covered by clause 15.03 who contests an SNMO decision involving a move is entitled to subsistence allowances according to the rules set out in the Treasury Board regulations appearing in Article 16 and/or the allowances provided under the federal labour-force mobility program, providing that the employee begins work in the position within the period of time specified in the SNMO’s notice.

The employee and dependants, if any, must not move for good until the arbitration award is rendered under clause 15.18.

15.21 An employee who, while contesting an SNMO decision requiring that they move, decides to begin work in the position after the date set by the SNMO is not entitled to the subsistence allowances set out in Treasury Board regulations appearing in Article 16 and/or allowances under the federal labour-force mobility program.

15.22 In the event of a total closure of an institution, the Ministère de la Santé et des Services sociaux (MSSS) takes the steps needed for employees on job security to receive their benefits under the terms of this Article.

15.23 Accountability The MSSS is responsible for seeing to the implementation of decisions rendered by the SNMO, the CPNSE, and the arbitrators or chairperson.

15.24 For the purposes of applying this Article, the health and social services sector includes all public institutions as defined by the Act respecting health services and social services (CQLR, c. S-4.2), private institutions under agreement as defined by that Act, any organization that provides services to an institution or beneficiaries in accordance with the Act and is declared by the government to be comparable to an institution as defined by the Act, the James Bay Cree Board of health and social services, the Nunavik Regional Board of health and social services, and, for this purpose alone, the Institut national de santé publique du Québec and the bargaining units already covered by the current job security system of the Corporation d’Urgences Santé.