Time limitations with respect to bumping

1  (1)  In this section:

"comparable" means that the regularly scheduled hours of work differ by no more than 20% from the regularly scheduled hours of an employee's current position and the hourly wage rate differs by no more than 5% from the hourly wage rate of the employee's current position;

"Dovetailed Seniority List Area" means the geographic area in which a single Dovetailed Seniority List applies, as identified in BCLRB Decision No. B274/2002.

(2)  An employee exercising a right to bump another employee must

(a) advise the employee's employer, within 48 hours after receiving the seniority list referred to in subsection (3), of his or her intention to bump an employee at the same worksite, or

(b) advise the employee's employer, within 7 days after receiving the seniority list referred to in subsection (3), of his or her intention to bump an employee at a different worksite.

(3)  An employee who has received a layoff notice must decide whether to bump another employee, within the time set out in subsection (2), after receiving from the employee's employer a list of the positions on the same seniority list.

(4)  An employee with 5 or more years' seniority making a decision under subsection (3) may bump an employee with fewer than 5 years' seniority who occupies a position in a classification that entails performing duties the bumping employee is qualified to perform and capable of performing.

(5)  If an employee is not able to bump under subsection (4), the employee may bump the most junior employee at the same worksite who occupies a comparable position that entails performing duties the bumping employee is qualified to perform and capable of performing.

(6)  If an employee is not able to bump under subsection (4) or (5), the employee may bump the most junior employee at the same worksite who occupies a position that entails performing duties the bumping employee is qualified to perform and capable of performing, regardless of whether or not the position is comparable.

(7)  If an employee is not able to bump under subsection (4), (5) or (6), the employee may bump the most junior employee at a different worksite within the Dovetailed Seniority List Area who occupies a position that entails performing the duties the bumping employee is qualified to perform and capable of performing, regardless of whether or not the position is comparable.

(8)  An employee with fewer than 5 years' seniority making a decision under subsection (3) may bump the most junior employee at the same worksite who occupies a comparable position in a classification that entails performing duties the bumping employee is qualified to perform and capable of performing.

(9)  If an employee is not able to bump under subsection (8), the employee may bump the most junior employee at the same worksite who occupies a position that entails performing duties the bumping employee is qualified to perform and capable of performing, regardless of whether or not the position is comparable.

(10)  If an employee is not able to bump under subsection (8) or (9), the employee may bump the most junior employee at a different worksite within the Dovetailed Seniority List Area who occupies a position that entails performing duties the bumping employee is qualified to perform and capable of performing, regardless of whether or not the position is comparable.