| 27.01 |
The Union acknowledges that the Company has the right to determine affected positions for voluntary separation and layoff in a workforce reduction program. |
| 27.02 |
Where an employee is in a targeted position and they apply for the Voluntary Separation Package (“VSP”), their application shall be accepted by the Company, provided the identified target has not yet been met. |
| 27.03 |
The VSP set out below shall be offered to all TEAM members prior to invoking layoffs. |
| 27.04 |
The Company has the right to establish dates of exit, for voluntary applications or layoff, based on business need. |
| 27.05 |
Prior to initiating a VSP, the Company shall meet with TEAM’s Executive Director to complete a confidential review of:
(a) The headcount reduction required to be achieved in the bargaining unit by VP group and the rationale for it;
(b) The list of targeted positions, the incumbents in those positions, along with their years of service and age;
(c) The communication package, including the Release and Discharge, which will be provided to TEAM members;
(d) A list of TEAM positions being filled by a Unifor and/or IBEW member on an acting basis in TEAM’s jurisdiction;
(e) Following the meeting with the Union, the Company will inform Employees who could potentially be impacted by layoff if targeted reductions are not met through VSP.
|
|
VSP/ Severance Incentives |
| 27.06 |
The VSP and severance incentive (for employees who are permanently laid off and therefore terminated) offered under this provision are as follows:
| Category |
Description |
Incentive |
| 1 |
Employees must be Regular Full-time or Regular Part-time*
Age 55 or greater plus years of service is equal to or greater than 80
|
The greater of:
40 weeks lump sum payment
OR
2 weeks per year of service up to a maximum of 60 weeks
|
| 2 |
Employees must be Regular Full-time or Regular Part-time*
Age 55 or greater plus 10+ years of service with age plus service less than 80
|
The greater of:
40 weeks lump sum payment
OR
2 weeks per year of service up to a maximum of 60 weeks
|
| 3 |
Employees must be Regular Full-time or Regular Part-time*
Age less than 55 however, age plus service is equal to or greater than 80
|
Bridging Allowance (up to a maximum equivalent of 52 weeks base salary) and a 30 week lump sum payment;
OR
If age is less than 53, at the employees option, 69 week lump sum payment
|
| 4 |
All other Regular Full-time or Regular
Part-time employees |
The greater of:
three (3) months base salary
OR
Four (4) weeks plus two (2) weeks per year completed net credited years of service up to a maximum of 65 weeks
|
|
| 27.07 |
Category eligibility will be determined by the employee’s approved departure date. As a result, some employees may qualify under a different category incentive at their approved date of departure as opposed to their date of application. Where the employee’s departure date is delayed by the Company beyond the program departure date, the employee’s incentive payout will not be reduced as a result of such delay. |
| 27.08 |
Entitlement will be calculated based on completed years of service. |
| 27.09 |
Employees who depart via layoff will also be offered career transition counselling, for a period of three months, through a Bell hired vendor. |
| 27.10 |
All severance amounts noted above are inclusive of notice and severance pursuant to the Canada Labour Code. |
| 27.11 |
Severance payment will be paid as follow: salary continuance up to a maximum of four months. The remaining balance will be paid as a lump sum. |
| 27.12 |
During a VSP, the employees will have thirty (30) calendar days, to apply to the program.
(a) The company shall supply a confidential update to the TEAM’s Executive Director on application numbers mid-way through the program.
(b) A final report will be provided to TEAM’s Executive Director indicating;
i. the total number of applicants in the VP group as per Section 27.05(b), with their names and approved departure dates,
ii. a list of all other applicants (i.e., in non-targeted positions). For these applicants, the company will determine if it elects to backfill their roles. In such case, these applications will be conditionally approved until these roles are backfilled. In all other cases, applications will be approved.
(c) Employees identified for layoff will have the opportunity to apply for the vacancies created by the (conditionally approved by the Company) departures in 27.12(b)(ii).
i. If the company is unable to backfill roles with employees identified for layoff, applications under sub-section 27.12(b)(ii) will be denied.
|
|
Layoff |
| 27.13 |
The Company shall give notice to the Union and the employees who may be impacted by a layoff, as per article 27.05(e). |
| 27.14 |
Affected employees shall receive a minimum of two (2) weeks written notice of layoff or two (2) weeks’ pay in lieu thereof, or an equivalent combination of notice and pay in lieu of notice equalling two (2) weeks. |
| 27.15 |
Layoffs will be carried out in reverse seniority order, except for employees who have been on a documented performance management plan within the past twelve (12) months. In such case, those employees will be laid off first. |
|
Bumping |
| 27.16 |
Affected employees shall not have the right to bump or otherwise move, into any other position under the provisions of this Article, except as expressly set out below. |
| 27.17 |
Where an employee in TEAM’s jurisdiction has been identified for layoff, and where such employee has the necessary skills and ability to satisfactorily perform an equally or lower rated position being filled by a Unifor and/or IBEW member on an acting basis with no more than four (4) weeks training, the affected employee shall have the right to displace the Unifor or IBEW member prior to being laid off where there is likely to be two (2) months or more remaining in the acting position at the time the layoff notice is provided to TEAM. |
| 27.18 |
Affected employees must, within two (2) weeks of receiving notice of layoff, identify in writing, along with a current resume, which equally or lower rated positions they believe they have the necessary skills and abilities to satisfactorily perform. |
| 27.19 |
Any required moves or associated travel/transportation expenses associated with the above shall be borne solely by the employee. Affected employees must commence the equally or lower rated position within seven (7) calendar days of being selected for the position. |
|
Recall |
| 27.20 |
Laid off employees shall have the right to be recalled for up to one hundred and eighty (180) calendar days, in order of NCS, to the position, or an equivalent position, and salary classification from which they were laid off, providing Regular Full-Time or Regular Part-Time work becomes available during this time. |
| 27.21 |
The right of recall for laid off employees shall expire at the end of one hundred and eighty (180) calendar days from the date of layoff, at which time the laid off employee shall be deemed to be permanently laid off, and therefore terminated. |
| 27.22 |
During recall, an employee may make application in accordance with Article 8 to any vacant position covered by the Collective Agreement. |
| 27.23 |
Recall may be done by telephone, or if not contacted by telephone, by e-mail or by registered letter to the employee’s last recorded address, at any time within one hundred and eighty (180) calendar days from the date of layoff. |
| 27.24 |
It is the responsibility of laid off employees to keep the Company informed, in writing, of their current address, e-mail and telephone number. |
| 27.25 |
The employee shall advise the Company within five (5) calendar days of the date of recall as to their decision. |
| 27.26 |
Once recall has been accepted, the employee shall report for duty within fourteen (14) calendar days from the date of recall, unless otherwise agreed to. |
| |
Employment Status |
| 27.27 |
An employee will be permanently laid off and deemed terminated where:
a. the employee has rejected a recall, or,
b. the employee has failed to notify the Company of their decision within five (5) calendar days of being recalled, or
c. the employee has accepted but did not report for duty within fourteen (14) calendar days of recall or as otherwise agreed above, or,
d. the employee elects to take severance pay prior to the expiration of the one hundred and eighty (180) calendar day recall period, or,
e. the employee is not recalled within one hundred and eighty (180) calendar days from the date of layoff.
|
| 27.28 |
Through written agreement between the Company and employee, a laid off employee may elect to forfeit their one hundred and eighty (180) calendar day recall period to receive their severance pay upon their date of layoff. In this event, the employee would be permanently laid off and terminated. |
| |
VSP Outside of Workforce Reduction Program |
| 27.29 |
Employees may elect to apply for a VSP at any time. |
| 27.30 |
The company retains the right to accept or deny applications and establish the date of exit. |
| 27.31 |
Employees will receive a VSP incentive payout as per Section 27.06 |
| |
Release And Discharge |
| 27.32 |
Employees who voluntarily apply for a VSP from a targeted position will be required to sign the Release and Discharge Agreement, that does not require the withdrawal of grievances, as well as a Confidentiality Agreement prior to receiving any payment. |
| 27.33 |
Employees who voluntarily apply for a VSP from outside a targeted position will be required to sign the Release and Discharge Agreement, that requires the withdrawal of active grievances, as well as a Confidentiality Agreement prior to receiving any payment. |
