Seniority, Bumping & Layoff

1. Identify the pool — bargaining unit, classification, department, or facility named in the layoff notice.
2. Match each row to CA definitions — excluded categories (casual, student, term) should not appear; if they do, document it.
3. Verify service dates — compare hire dates, transfer letters, and leave records; employers mis-code returns from leave.
4. Note tie-breakers — some CAs use service date only; others add job-class date, rehire order, or lottery rules.
5. Preserve the published list — PDF or screenshot with timestamp; lists get "corrected" after members react.

CUPE steward materials and Unifor displacement guides both stress: the list is a claim, not gospel, until you reconcile it to the CA and member records.

• Primary bump — more senior member in a declared surplus classification bumps into a junior-held job they are qualified to perform.
• Secondary / reverse bump — junior member bumped out may bump into another lower classification if the CA allows.
• Surplus / displaced status — interim category with recall rights; rights differ by CA.
• Recall rights — order and window to return when work returns; often strict calendars.
• Supervisory exclusion — managers and sometimes lead hands sit outside the tree.

1. Read layoff article + seniority article + any bumping or displacement appendix together.
2. Draw boxes: classifications affected → direction of cascade (up, down, lateral).
3. Mark qualification gates at each branch (Section 3).
4. Mark accommodation holds — jobs held under human-rights accommodation may be off-limits (Section 6).
5. Compare your sketch to HR's chart; every mismatch is a question, not an argument yet.

CLC labour education on restructuring treats bumping as a procedure-first grievance: wrong order, wrong pool, or missed notice often wins before qualifications are fought.

• Employer adds new requirements after the layoff notice — compare to pre-layoff job description.
• Selective enforcement — junior incumbents lacked the same credential when hired.
• Training refusal — employer won't offer CA-guaranteed familiarization, then claims unqualified.
• Past practice — years of members bumping into roles without a specific license.

Do not relitigate Meiorin or undue hardship here — that is Module 3. If qualifications screen out a member on a prohibited ground, flag accommodation analysis; do not argue qualifications alone.

• Layoff notice to union — advance days or weeks before effective date; may require union meeting.
• Individual notice — separate from union notice; content requirements (seniority, bump options).
• Bumping election window — members may have limited days to choose bump targets.
• Recall period — often 12–24 months in public sector; shorter in some private CAs.
• Grievance time limits — Module 1 filter applies; displacement grievances are often time-sensitive.

The ESA sets minimum termination/severance notice for statutory entitlements. Collective agreements frequently meet or exceed ESA via greater right or benefit clauses. Stewards should know both layers exist — but your CA and national constitution define the union's enforceable remedies. Refer complex severance overlap to servicing staff.

Run the 6 W's on every displacement intake:

• WHO — grievor, junior incumbent (if bumping), decision-makers, witnesses to notice meeting.
• WHAT — classification eliminated, job offered, bump refused, or recall ignored.
• WHEN — notice dates, effective layoff date, election deadlines, recall offer dates.
• WHERE — facility, department, bargaining unit scope.
• WHY — CA articles allegedly violated (open-door wording on grievance).
• WANT — reinstatement, correct bump, recall, make-whole pay — check your CA for available remedies.

• Does a bumped member get a defined trial period in the new role?
• Can the employer return them to layoff status during trial — and on what grounds?
• Does failed trial affect seniority or recall rights?
• Is training time paid at the higher classification rate?

• Document assigned tasks vs. job description.
• Attend return meetings if the CA gives union rights.
• Challenge subjective "fit" failures backed by no metrics.
• Separate performance management from layoff procedure — employers sometimes conflate them.

If your CA is silent, do not invent a trial length from another local's agreement. Ask servicing rep whether past practice or employer policy creates enforceable rights.

• Member in accommodated role faces bump from more senior worker.
• Employer offers bump target that cannot be performed with existing medical restrictions.
• Junior member in accommodation bumped out without individualized human-rights analysis.
• Employer uses layoff to end an accommodation without undue-hardship proof.

1. Do not bump someone out of an accommodation without human-rights analysis — accommodation may survive restructuring if transfer is possible without undue hardship (Module 3).
2. Medical privacy — share functional restrictions, not diagnosis, in meetings.
3. Separate tracks — layoff procedure grievance may run parallel to accommodation failure grievance.
4. No DIY Meiorin — point to Module 3 and servicing counsel; stewards identify collisions, not litigate BFOR at the lunch table.

OHRC Human Rights at Work and CUPE Ready and Able explain that contract seniority does not automatically trump accommodation duties.

• Prior layoff cascades in the same employer.
• Historical seniority lists showing pool boundaries.
• Letters of understanding on restructuring.
• Arbitration awards in your unit — other locals' awards are persuasive, not binding.

When HR imports a "standard" chart from another employer in the sector, your first question is: show me where our CA authorizes that chart.