Uniform Collective Agreement – Article 29 Lay Off and Recall

29.01

The Employer and the Association agree that qualifications and seniority on a province-wide basis, are the primary consideration in the event that a reduction in the work force should become necessary.

For the purposes of Article 29, “seniority” is defined as continuous service with the Ontario Public Service and/or a police force which is amalgamated with the Ontario Provincial Police.

Where there is more than one (1) member hired on the same date, seniority shall be decided by a mutually agreed upon draw by the Employer and the Association, with representatives present from each respective party. The outcome of the draw shall only be used for the purposes of determining which member(s) shall be impacted in the reduction initiative in question.

29.02

Should a reduction in the work force become necessary, the Employer will give the Association as much advance notice of such reduction as is practicable, and in any event, in accordance with the OPS Confidential Disclosure to Bargaining Agents Directive, as amended from time to time, and will supply, at the earliest opportunity, a list of employees who are to be re-assigned within the OPP or laid off. The Employer agrees to meet with the Association upon request to discuss the manner in which the reduction is to be effected and to explore measures to mitigate layoffs.

29.03

Where an employee is released and the released employee’s former position, or another position within the OPP for which the released employee is qualified becomes vacant within twenty-four (24) months from the date of release, the Employer shall deliver to the former employee a notice of the vacancy at least fourteen (14) days prior to it being filled and the released employee shall be appointed to the vacancy if:

(i) the released employee agrees thereto; and

(ii) no other former qualified employee who has greater seniority applies.

A copy of the notice of vacancy referred to herein shall be sent to the Association.

Vacancies shall not be filled before employees on recall have the opportunity to exercise their rights under Article 29.03.