Can I offer the next senior employee on layoff an available position that pays less than their position prior to being laid off? (we are unionized and have no specific language on this).

The quick and most basic answer is 'yes', provided this is not a 'job posting' scenario, i.e., a situation whereby you are required to post the opening and invite others to apply. However, the use and application of seniority, including in recall situations, can be a complex matter and the best answer may depend on a reading of the entire collective agreement (especially if it otherwise appears silent on the matter). The best answer may also be affected by any relevant past practice. Plus, this may quickly lead to other questions, such as "can the most senior employee refuse recall, and if so, what are the consequences (if any)?" and "if the most senior employee does not immediately have the skill/ability to perform the lesser paying job, must a period for familiarization with the new job be provided", and so on. In other words, it is strongly recommended that you consider contacting us in order to engage in a fuller discussion and analysis to ensure you're not only heading down the right road, but that you have an understanding of the potential forks in that road. I invite you to call for more information.