ARTICLE 16 - Lay-off, Notice, and Recall Rights and Compensation and Benefits

16:01    The Board of Governors shall give to each member holding a full-time appointment who is laid-off, except a probationary member who is laid-off during the member’s first year of full-time appointment:

(a)    twelve (12) months' notice or twelve (12) months' salary in lieu of notice or a combination of notice and salary equal to twelve (12) months, and

(b)    one (1) month's salary for each year's service to the University following full-time appointment up to a maximum of twelve (12) months' salary.

The financial settlement pursuant to clause 16:01 (b) shall be paid automatically up to a maximum of six (6) months' salary in instalments of one (1) month's salary per month following the date of lay-off.  The monthly salary shall be computed on the basis of the member's monthly salary during the member’s final year of employment.  If the member so chooses, the first six (6) months' salary shall be paid in a lump sum.  Members entitled to more than six (6) months' salary by virtue of their years of service shall receive the additional instalments to which they are entitled beginning in the seventh (7th) month, only if they have not obtained alternative full-time employment.

16:02    The order of lay-off of members shall be as follows:

(a)    probationary members,

(b)    sessional lecturers,

(c)    members with tenure or permanence.

16:03    The principal criteria in the lay-off of members shall be:

(a)    in the case of probationary members, seniority as determined from the date of full-time appointment at the University and, in the case of members with tenure or permanence, seniority as determined from the date of tenure or permanence at the University; and

(b)    the possession of qualifications suitable for the continuing function of the AAU or Library; quality of performance in teaching and research or scholarly activity where applicable; contributions to the AAU or Library and the University; and, where required to distinguish between two otherwise comparable individuals, contributions to the wider community.

Those members who are at least forty (40) years of age, have tenure or permanence and have a minimum of five (5) years' seniority, and in respect of whom the sum of years of seniority or permanence from the date of tenure or permanence plus age equals at least fifty (50), shall be exempt from lay-off until all other lay-off alternatives in clause 16:02 and this clause 16:03 have been exhausted.

16:04    Sessional instructors and visiting professors shall not have their contracts renewed or shall be laid-off before probationary members, sessional lecturers and tenured members except where sessional(s) and visiting professors possess qualifications suitable for the continuing function of the AAU or Library and the maintenance of the quality of the teaching and scholarly activity of such AAU.

16:05    A laid-off member eligible for free tuition at the time of lay-off shall continue to be entitled to free tuition until termination of laid-off status shall occur; the spouse and/or dependent child(ren) of a laid-off member eligible for free tuition at the time of lay-off of the member shall continue to be entitled to free tuition until termination of laid-off status of the member shall occur or they shall obtain alternate employment, whichever occurs earlier.

16:06    If and so long as such plans permit, a laid-off member shall be entitled at University expense to the University's Group Life Insurance coverage for members and at the member’s sole expense to participate in any or all other of the University's fringe benefit Plans (including University Retirement Plan) for members from time to time in force until termination of laid-off status occurs or the member obtains alternate employment, whichever is earlier.  In addition a laid-off member shall be entitled to retain any University loan until termination of laid-off status occurs or the member obtains alternate employment, whichever is earlier.

16:07    For the lay-off period during which the member is eligible for recall, the member shall continue to have full access to Library facilities on the same basis as on-site members of the member's AAU and the Libraries.  In addition, AAUs and the Libraries shall endeavour to maintain a full range of collegial contacts with laid-off members, and to provide them with full access to computer and laboratory facilities (recognizing, however, the priorities of on-site members) so that laid-off members may maintain their professional skills; and laid-off members shall endeavour to make use of same in order to keep up with on-going work in their fields.  A member returning after three (3) years or more of lay-off may be required to affirm that such expertise has been maintained, and to submit documentation in support thereof.

16:08    Laid-off members shall be recalled in reverse order of lay-off set forth in clause 16:02 but subject to the principal criteria set forth in clause 16:03 and recall rights shall be limited as follows:

(a)    Each member with tenure or permanence at the time of the member’s lay-off for a period of four (4) years from the date of the member’s lay-off.

(b)    Each member without tenure or permanence at the time of the member’s lay-off,

    (i)    if the member’s seniority is at least three (3) years as determined from the date of full-time appointment at the University, for a period of two (2) years from the date of the member’s lay-off; and

    (ii)    if the member’s seniority is less than three (3) years as determined from the date of full-time appointment at the University, for a period of one (1) year from the date of the member’s lay-off.

(c)    No new appointment shall be made to any position in the bargaining unit which one or more members having recall rights is/are qualified to fill until every member so qualified and having recall rights has been offered a recall.  Any member on lay-off who claims to be qualified to fill a position in an AAU or Library, other than an AAU or Library from which the member was laid-off, shall provide such evidence of these qualifications as is normally required of applicants for new appointments to the position in question.

16:09    Subject to clause 16:08, a laid-off member shall be considered for each and every available position in the member’s field until termination of laid-off status shall occur.

16:10    Termination of laid-off status shall occur:

(a)    in the case of a member with tenure or permanence, six (6) years following the date of lay-off if the member is not recalled, and in the case of a member without tenure or permanence at the end of a period equal to the member’s seniority as determined from the date of full-time appointment at the University, but in any event not less than one (1) year;

(b)    when the member is recalled;

(c)    when the member indicates in writing to the University that the member no longer wishes to retain the member’s recall rights or when the member does not accept a recall.

16:11    A notice of lay-off or recall shall be sent by Canada Post registered mail with receipted delivery to each member entitled to be recalled at the member’s last known address.  It shall be the responsibility of the member who has been laid-off to keep the University informed as to the member’s current address.

16:12    Each member entitled to be recalled under clause 16:08 shall be given two (2) months from the date of receipt of notice under clause 16:11 to decide whether the member will accept recall and shall be entitled to a further reasonable period of time to fulfil other employment commitments prior to returning to the University.

16:13    A recalled member shall return to the seniority, tenure, continuing appointment status and rank from which the member was laid-off.  Years of service toward consideration for tenure/continuing appointment and toward sabbatical leave shall be as at the time of lay-off.  The salary shall be the salary at time of the member’s lay-off adjusted by the across-the-board adjustments during the period of lay-off or at some mutually agreed upon higher salary.

16:14    Prior to the implementation of lay-off or recall, written notification shall be given to the member(s) involved and the Association who shall have recourse to the grievance and arbitration procedures of this Agreement on the grounds of unjust treatment in the application of clauses 16:02, 16:03 and 16:08.