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.

Most union training makes the same point: 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.

Treat 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: set by your collective agreement. Lengths vary widely, so read the article.
• Grievance time limits: Module 1 filter applies; displacement grievances are often time-sensitive.

The ESA sets minimum notice of termination (or pay instead) and severance pay, and it treats a layoff that runs past the Act's temporary-layoff limits as a termination. Where your collective agreement gives a greater benefit on the same subject, the agreement applies instead of the standard. Stewards should know both layers exist. For members covered by a collective agreement, ESA rights are enforced through the grievance procedure, not by a complaint to the Ministry, so treat an ESA shortfall as a grievance. Bumping and recall themselves come from your agreement; the ESA does not create them. Refer severance, recall-rights elections, and week counts 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 — confirm which remedies your agreement provides.

• 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.

Contract seniority does not automatically trump accommodation duties. OHRC Human Rights at Work explains the test; see Further learning.

• 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 collective agreement authorizes that chart.