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Article Seven — Seniority, Layoff, Recall and Transfer

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A. Seniority

  1. There will be one (1) type of seniority which is defined as the length of time a Registered Nurse has been employed by the Employer at its south site in any non-managerial positions as a permanent registered professional nurse, subject to paragraphs 2 and 4 below.
  2. Seniority shall commence after the Registered Nurse has completed her/his probationary period and shall be retroactive to her/his current employment date of hire.
    Seniority shall not accrue during unpaid absences or while on layoff, however it shall not be lost except pursuant to paragraph 3.
  3. An Employee's seniority shall be lost when she/he:
    1. terminates voluntarily;
    2. is discharged for cause;
    3. willfully exceeds an official leave of absence;
    4. is laid off for a period of six (6) consecutive months or a period exceeding the length of the Employee's continuous service, whichever is less; or
    5. e. fails to return to work on a recall from layoff, within a reasonable time after the Employer has sent notice to her/him to return by letter or telegram to the last address furnished to the Employer by the Employee, unless the Employee has a valid reason for inability to respond.
  4. Except as otherwise provided herein, seniority shall apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.  Seniority will apply to:
    1. layoff and recall in a manner described below;
    2. b. vacation time selection and personal day  scheduling within a unit within a clinical area; and
    3. c. filling vacancies on other shifts.

B. Layoff

  1. In the event of a layoff in one unit, newly hired probationary Registered Nurses within the unit shall be laid off first without regard to their individual period of employment.
  2. Non-probationary Registered Nurses within the unit shall be the next to be laid off in the inverse order of seniority. In order to maintain the effective and efficient operations of the department, layoffs will be determined on a shift basis. Registered Nurses scheduled to be laid off on one shift may bump the least senior Registered Nurse working on another shift within the unit as long as they are willing to work that shift and possess the ability to perform the work and assume the responsibilities of that position.
  3. In the event a Registered Nurse is scheduled to be laid off in one unit and there exists a vacant position in another unit which the Employee has the ability to perform, then bargaining unit seniority shall prevail in assigning such Employee(s) scheduled to be laid off to such vacant jobs.
  4. A Registered Nurse scheduled to be laid off in one unit may bump the least senior Registered Nurse working in another unit so long as she/he has the present ability to perform the work and assume the responsibilities required. In the event that a Registered Nurse scheduled to be laid off in one unit is capable of working in more than one of the other units, then she/he may only "bump" the least senior Employee working in those collective units.
  5. There will be no more than two (2) bumps allowed as a result of any one Employee exercising rights under this section.
  6. In the event that the Hospital intends to lay off Registered Nurses, it will notify the Union in advance and will meet with the Union, upon request, to discuss issues arising from the intended layoffs. The Hospital will consider whatever alternative proposals the Union wishes to make, and will communicate its response to the Union.

C. Recall

  1. Whenever a vacancy occurs Employees who are on layoff shall be recalled in accordance with their seniority in reverse order in which they were laid off. Employees recalled must possess the ability to work in the clinical area where the vacancy occurs and be willing to work on the shift, shifts or shift arrangement scheduled for that position.
  2. Probationary Employees who have been laid off have no recall privileges.
  3. A part-time Employee on layoff shall have recall rights to a full-time position only if she/he is willing to work the required full-time schedule of hours.
  4. An Employee who rejects a recall position on a shift other than the one from which he/she was laid off shall not lose the right and position of recall to his/her own shift.

 

D. Transfer

Registered Nurses can apply for transfers to other clinical areas from different shifts and the same shift on a lateral basis if a vacancy occurs in a bargaining unit position. There shall be no obligation to allow intra-clinical department transfers. The Hospital will post a notice of vacancy for five (5) days, excluding weekends and holidays. When two or more Registered Nurses apply for a vacancy, the senior qualified applicant shall be selected.