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AUDIO
CONFERENCE
Layoff, bumping and recall: Canvassing options in tough economic times
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| WHEN: |
Thursday, March 5, 2009
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, March 9, 3:30 p.m. – 5:00 p.m. EDT |
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| WHERE: |
Your
own office or boardroom |
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| MODERATOR: |
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Rob Boswell
Employer Counsel
Craig Boswell McDermot |
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| SPEAKERS: |
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Tim Gleason
Union Counsel
Sack Goldblatt Mitchell |
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Robert Sider
Employer Counsel
Lawson Lundell |
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ISSUES:
A downturn in the economy means that the cobwebs need to be dusted off your layoff, bumping and recall language. Much of the language bargained was drafted in different times and/or has never been tested in tough economic times. Whether you represent management or labour, it is time to review it, revise it, or at least be aware of how arbitrators are likely to interpret it. This panel will deal with the principles of layoff, bumping and recall established in the most recent arbitration awards and will discuss the issues that arise in administering layoffs, including:
- In what circumstances does layoff language apply? What are the indicators of a layoff, in the absence of a definition in the collective agreement? Is a reclassification a layoff? Is a transfer a layoff? What distinguishes a redundancy due to technological change from a layoff?
- Can the employer unilaterally reduce hours of work without triggering a layoff? In what circumstances can the employer require employees to use paid vacation or temporarily shut down the whole operation, instead of laying off?
- What is the difference between layoff and termination? Are laid off employees ever entitled to severance? What happens to disabled employees in a layoff?
- When does contract language permit chain bumping? What can be done to reduce the disruptions of chain bumping? Can employees bump up or just laterally and down? Can employees on leave bump/be bumped?
- When are recall rights triggered? What is the status of employees on recall? What are their rights to a job? To benefits? To health, dental, disability, insurance and pension plans?
- Can work be given to out-of-scope employees rather than to employees on recall? Can work be contracted out when employees are on recall? Can overtime be assigned when there are employees on recall? Can vacancies be posted when employees are on recall? When are recall rights forfeited?
- What rights do laid-off employees have under employment standards legislation? Employment insurance? Bankruptcy and reorganizations? Sale of the business?
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| ACCREDITATIONS: |
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| Approved by the Law Society of B.C. for 1.5 hours of 2009 Continuing Professional Development credits. |
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This program has been accredited by the Law Society of Upper Canada for 1.5 hours towards the professional development requirement for certification. |
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| Q
& A: |
Gather
your colleagues around a speakerphone in your own office or boardroom. Have the
opportunity to ask questions in the Question & Answer portions of the sessions.
An additional 15 minutes will be added at the end of the session for those who
wish to continue with Q & A. |
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| MATERIALS: |
Valuable,
up-to-date materials and case summaries will be available for downloading from
our website. |
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| REGISTRATION
FEE: |
$195,
plus GST (Registrations must be paid in advance of the audio conference).
Registration costs are per listening site/telephone, so you can have any number
of people listening at your location for one low price. Click here for registration information. |
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| CDs: |
Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order. |
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| REGISTRATION
INFORMATION: |
When you register,
you'll be given a toll-free number to dial at the time of the
session and an access code to join the call. For additional program and registration information,
call Lancaster House at 416-977-6618 or register now. |
