Common use of SENIORITY Clause in Contracts

SENIORITY. ‌ Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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SENIORITY. ‌ Seniority The Employee's length of service for the purpose of determining seniority rights shall be defined as deemed to commence on the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the bargaining unit position, and shall accrue during his/her continuous employment with service of the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker employee discharged for just cause shall lose accumulated all seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; rights. Failure to report to work after for four successive working days without a Layoffreasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employer, within three (3) days after receipt but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess of written notice of his recall sent rights as established by the Employer following scale:  seniority over ninety (90) calendar days and up to the worker at his/her last address of record on file with the Employer or two (2) years - recall rights equal two (2) years;  seniority over two (2) years and up to ten (10) days after written notice years - recall rights equal four (4) years;  seniority over ten (10) years - recall rights equal five (5) years. If at any time fewer employees shall be needed, employees shall be laid off in the inverse order of recall their seniority considering also ability and competency for the job. When there is sent not sufficient work for forty (40) hours for all employees the Employer agrees as far as possible to arrange the work schedules so that the senior employee shall have forty (40) hours work. When the Employer again adds to the address number of employees, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability and competency for the job. All jobs will be posted annually during the month of January. All positions must be filled by qualified employees on staff. In the filling of advertised vacancies, the Employer shall consider the senior applicant with the competence and the ability to do the job. The successful applicant shall be given a fair trial period of up to thirty (30) days. Necessary job instruction will be given during such trial period, and if they fail to perform in accordance with the employers requirements, they shall be returned to their former position and standing, except that was last provided if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request will be given consideration by the worker; Layoff which either extends Company. The Employer will advertise vacancies for five (a5) in excess of twenty-four (24) consecutive months, or (b) for working days. The Union shall have the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure opportunity to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position discuss with the Employer the filling of advertised vacancies prior to actual selection, if the senior applicant is not selected. The Employer will decide in its sole discretion whether or not any classification or vacancy will be filled. An employee who transfers to a non-supervisory position in the Company and who is subsequently returned to a position in the bargaining unit category, such as within a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above ninety (90) day period shall be considered as a new employee if returned to his former position and standing in the Employer again employs him or her. The failure of the Employer to rehire said worker after the bargaining unit without loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementseniority.

Appears in 2 contracts

Samples: www.sdc.gov.on.ca, sp.ltc.gov.on.ca

SENIORITY. Seniority shall be defined as the worker’s employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date and hour on which the worker employee first began work in a bargaining unit positionposition (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksvacation. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a Layofflayoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of recall is sent issent to the address that was last provided by the worker; employee • Layoff which either extends extends: (a) in excess of twenty-four six (246) consecutive months, or (b) for the period of the worker’s theemployee's length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 2 contracts

Samples: Bargaining Agreement, Bargaining Agreement

SENIORITY. Seniority shall be defined determined by rank and continuous service in each department of the City of New Smyrna Beach as the worker’s well as length of continuous service with the Employer City calculated from the date of employment. Citywide seniority shall apply to accrual of all benefits and to promotional vacancies. Continuous service shall only be broken by resignation, discharge, retirement, leaves of absence without pay of thirty-one (31) days or longer, or for family medical leave excluding time taken, unless a special exception is made by the City Manager. Employees with the same date of employment shall be assigned to the seniority list in order to their rank, or, in the case of equivalent rank, in order of their ranking on applicable eligibility lists. Each department shall maintain a current seniority list. The list shall be used whenever called for by specific sections of this Agreement. The Union representative will periodically be furnished with the list. Annual leave dates shall be selected by bargaining unit commencing personnel according to seniority in the Division, subject to approval by the Department Head. Annual leave will be selected once a year by the employee in accordance with the date and hour on procedure established by the Department Head. Any remaining dates which the worker first began work in a bargaining unit position. Seniority shall have not accrue to probationary employees been selected during the probationary periodinitial selection process will be assigned on a first come, first serve basis. HoweverIn the event of a vacancy in any division, at unit or shift (not promotional vacancy), seniority will be given reasonable consideration, but will not be the successful completion determining factor. In the case of the probationary periodreduction (lay-off), the worker’s City shall consider such factors as an employee's skill, ability, efficiency, and performance. Where such factors as skill, ability, efficiency, and performance are otherwise equal, City seniority shall be retroactive the determining factor. No new employee shall be hired until the laid off employee has been given an opportunity to their first day return to work for a period of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not up to exceed twelve (12) weeksmonths from the date of the lay-off. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority The last employee laid off shall be broken the first recalled. To be eligible for any recall, the employee must pass the physical exam and have maintained their certification. The employee will be notified by certified or registered mail of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her recall and must return to work within twenty-one (21) calendar days. During the first seven (7) workdays, the employee must notify the City of his or her intentions for re-hire and the City and the employee must make arrangements for the employee to take and pass the physical exam. Failure to respond to the recall notice within seven (7) workdays (excluding Saturdays, Sundays, and holidays), or failure to pass the physical, or failure to maintain one's certification, will result in forfeiture of recall rights. Notification of recall will be made to the employee's last known address as shown on City personnel records. The employee must notify the City of record on file any change of address in order to maintain recall rights. The City is required to recall an employee only to the classification he/she previously held in a regular status position. If an employee refuses a job with the Employer or ten (10) days after written notice of City in any classification in which he/she was previously employed by the City, he/she shall lose the recall is sent right. Probationary employees shall have no rights under this provision, nor will any employee laid off with prejudice. Exemptions to the address recall procedure can be made if the Department Head ascertains that was last another individual has a special skill that is not duplicated in the rest of the work force. An employee's seniority shall entitle him/her only to such rights as are expressly provided by the worker; Layoff which either extends (a) in excess this Agreement. Accumulation: Seniority shall accumulate during absence because of twenty-four (24) consecutive monthsillness, injury, vacation, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised other authorized leave except as provided in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions paragraph one of this Agreementsection.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

SENIORITY. ‌ Seniority The Employee's length of service for the purpose of determining seniority rights shall be defined as deemed to commence on the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the bargaining unit position, and shall accrue during his/her continuous employment with service of the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker employee discharged for just cause shall lose accumulated all seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; rights. Failure to report to work after for four successive working days without a Layoffreasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employer, within three (3) days after receipt but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess of written notice of his recall sent rights as established by the Employer following scale: • seniority over ninety (90) calendar days and up to the worker at his/her last address of record on file with the Employer or two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to ten (10) days after written notice of years - recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-rights equal four (244) consecutive monthsyears; • seniority over ten (10) years - recall rights equal five (5) years. If at any time fewer employees shall be needed, or (b) employees shall be laid off in the inverse order of their seniority considering also ability and competency for the period of the worker’s length of service, whichever job. When there is less; Absence from not sufficient work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of forty (40) hours for all employees the Employer unless on layoffagrees as far as possible to arrange the work schedules so that the senior employee shall have forty (40) hours work. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if When the Employer again employs him or heradds to the number of employees, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability and competency for the job. All jobs will be posted annually during the month of January. All positions must be filled by qualified employees on staff. In the filling of advertised vacancies, the Employer shall consider the senior applicant with the competence and the ability to do the job. The failure successful applicant shall be given a fair trial period of up to thirty (30) days. Necessary job instruction will be given during such trial period, and if they fail to perform in accordance with the employers requirements, they shall be returned to their former position and standing, except that if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request will be given consideration by the Company. The Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.will advertise vacancies for five

Appears in 2 contracts

Samples: sp.ltc.gov.on.ca, www.sdc.gov.on.ca

SENIORITY. Seniority shall be defined as the workeran employee’s length of continuous service with the Employer in (or any predecessor acquired by the Employer) or facility, whichever is greater, regardless of whether there was a collective bargaining unit commencing with agreement covering the date and hour on which the worker first began work in a bargaining unit positionfacility. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful After completion of the probationary periodperiod described in Article 2, an employee shall attain seniority as of his/her original date of hire. Seniority shall be broken by any of the workerfollowing events: • Resignation, retirement or voluntary termination; • Discharge for just cause; • Voluntary promotion into a non-bargaining unit position, unless an employee returns to the bargaining unit within six (6) months of the promotion in which case the employee’s seniority shall be retroactive to their first day of work fully restored less any time spent in the non-bargaining unit position, and shall accrue during his/her continuous ; • Inactive employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during for any paid leave of absence, or approved unpaid leave reason other than authorized leaves of absence not to exceed twelve exceeding six (126) weeks. A worker shall not accrue seniority while on Layoff months or on an unpaid leave employee’s length of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quitseniority, whichever is less; Discharge; Failure to report to work within seven (7) calendar days from the date a recall notice is mailed to the employee’s most recent address appearing in the employee’s records unless prior written notice is received and approved by the Employer; or • Failure to return to work after any leave of absence scheduled date for return unless prior written notice is received and approved by the Employer. Seniority shall not be considered broken by virtue of military service leave regardless of length of absence. Within the bargaining unit, assignments, promotions, and the filling of vacancies shall be determined on the basis of seniority, provided that, in the reasonable opinion of the Employer, the Employee is qualified, suitable and available to work. Seniority shall be determinative when, and only when, all other job related factors are equal. In cases where there is joint scheduling or regular interchange of employees amongst multiple buildings that are part of a Layoffsingle client, within multiple buildings will be treated as "a building" for purposes of layoff, OT Scheduling, and Job Posting. In the event of a layoff due to a reduction in force in a building, the inverse order of classification seniority shall be followed, provided, however, that for the purpose of this paragraph, seniority shall be based on total length of service in the building. An employee who is laid off shall not be permitted to bump a less senior Employee at another facility or location. However, the laid off Employee shall have the right, for three (3) days after receipt months to fill positions within the Employee’s classification that may become available at the same account or location or at other accounts or locations subject to this Agreement, provided in the reasonable opinion of written notice of recall sent by the Employer the Employee is qualified, suitable, and available to work. To the worker extent practical, all employees who have at least six (6) months or more seniority shall receive two (2) weeks (ten [10] working days) notice from the Employer of the Employer’s intention to lay them off. Laid off employees shall not be permitted to bump a less senior employee at another facility, but shall be permitted to apply for a vacant position at another site. If there are no such vacant positions, the employee shall be permitted to exercise his/her last address of record on file seniority for a position which becomes available consistent with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive monthsJob Vacancies, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management Transfers and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or herCareer Advancement Article 23. The failure of Employer will give first consideration in filling vacancies to employees on the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance recall list who are qualified and arbitration provisions of this Agreementavailable.

Appears in 2 contracts

Samples: Security Contractors Agreement, Security Contractors Agreement

SENIORITY. Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as the worker’s length total years of continuous service employment, as a member of the bargaining unit, with The District School Board or its Continuous employment shall include all absences due to illness or injury as compensated by The seniority list shall consist of the Employer in names of all members of the bargaining unit commencing with in decreasing order of years of seniority based upon date of hire. Employees shall notify the Board, within thirty (30) days, of any changes to their current home address and or current home phone number. The order on the seniority list as published Jan. shall not be changed and this order shall be utilized when applying the seniority concept to promotions, transfers and job posting procedures. Effective November if the date and hour of hire of two or more persons is the same, the order on which the worker first began work seniority list shall be determined by lot, conducted by the Union Management Committee. The seniority list shall be posted on the bulletin board in a bargaining unit position. Seniority shall not accrue to probationary employees each location, during the probationary period. However, at months of March and October of each year and copies shall be provided for the successful completion and Recording Secretary of the probationary periodUnion. Within thirty (30) days of the posting of the seniority list, any errors or omissions in the worker’s seniority list shall be retroactive reported to their first day a shop xxxxxxx who shall be responsible for the presentation of work in the concern, to Human Resources, within sixty (60) days from the posting. An employee who leaves the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave approved leave, may do so for a maximum of absence which exceeds twelve weeksone (1) year. A worker The employee shall lose accumulated maintain seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave absence. Such employee however shall not accumulate bargaining unit seniority during the period of absence without and shall continue to pay union dues. On return from leave, an employee will be assigned to the express consent employee's same position, or if said position no longer exists, the employee will be governed by the provisions of Article effective the date of the Employer unless on layoffemployee's scheduled return to work. Accepting a position with When an employee is absent from work for up to months due to illness, disability, or both, the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose following terms and conditions apply: The employee will continue to accumulate seniority is lost for any thirty (30) months from the commencement of the reasons outlined above Should an employee be absent from work due to illness, disability or both for a period greater than months, the following conditions apply: Seniority Thirty months after the commencement of the the employee's seniority will be frozen, and will cease to accumulate. Each year in the month of October the employee's name will move down the seniority list to the top of the next lower year. The first move down the seniority list will be made during the regular semi-annual seniority list revision immediately after expiration of the mentioned thirty months. Subsequent moves shall be considered as a new employee if the Employer again employs him or hermade annually thereafter. The failure of the Employer Seniority will start to rehire said worker after the loss of seniority shall not be subject accumulate upon return to the grievance and arbitration provisions of this Agreementwork.

Appears in 2 contracts

Samples: negotech.labour.gc.ca, negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the worker’s an employee's length of continuous full-time service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionrank. Seniority shall not accrue be retroactive to probationary employees during the probationary period. Howeverdate of appointment to a rank, at the upon successful completion of the applicable probationary period. If more than one appointment is made to a rank on the same day, the worker’s following shall apply: • If the appointments were made from an eligibility list, seniority shall be retroactive to their first day of work in the bargaining unit positionorder of the placement on the list. • If the appointments were not from an eligibility list, and seniority in the new rank shall accrue during his/her be in the same order as length of continuous employment with full-time service in the Employer within Department. For the bargaining unit covered by this Agreement. Seniority purpose of seniority, continuous service shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during reduced or broken by any paid leave of absence, or approved by unpaid leave of absence not up to exceed twelve thirty (1230) weekscalendar days, or for any call to military service for the duration of such service. A worker shall not accrue seniority while on Layoff or on In the case of an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority more than thirty (30) calendar days, including but not limited to leave under the Family and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a LayoffMedical Leave Act, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not accrue but shall be subject bridged in the case of an approved leave of up to one year, excluding any call to military service for the duration of such service which shall count towards continuous service. In the event of a staff reduction due to the grievance abolishment of positions within the police department, the employee(s) with the least seniority in the rank of the position(s) to abolished shall be the first to be laid off in such that rank. The displaced employee may elect to displace the least senior employee in the immediate subordinate rank. An employee whose seniority does not allow for displacement to a subordinate rank shall be laid off. In the event of the abolishment of the rank of police officer, the employee with the least seniority in the rank of police officer shall be the first to be laid off. For purposes of layoff, the rank of Police Officer shall include all premium pay positions An employee who is laid-off or is displaced in rank shall be placed on a recall list to the position from which laid-off or displaced. The employee shall be removed from the recall list if the employee's certification lapses or refuses an appointment from such list. Individuals on a recall list shall have preference for appointment over individuals on a police officer or promotional eligibility list. An employee on a lay-off list for the rank of police officer shall remain on such list for a two-year period form the date of layoff unless otherwise removed as provided above. A laid-off employee shall, at their option, be appointed as a Town of Greenwich special police officer so as to maintain their certification. „l g? Dated: Greenwich, Connecticut edit-644-4. 023/ o SILVER SHIELD ASSOCIATION, INC. By: Lt. Xxxxx Xxxxxxx, President By. in O'Reilly, Vice President TOWN OF GREENWICH By: By: Xxxxx X. Xxxxx, 'first (electman Xxxxxx X. ` .ava, Director of Labor Relations Silver Shield/Town of Greenwich 2017-2021 Effective July 1, 2017, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $66,004 $70,147 $74,308 $78,463 $82,973 $67,039 $71,184 $75,345 $79,586 $68,075 $72,229 $76,388 $80,720 $69,113 $73,269 $77,423 $81,843 Marine Officer Traffic Enforcement Officer $85,495 Accident Car Officer Dispatcher $86,758 Technician $88,022 Detective CIO SRO Master Police Officer Detective First Grade $91,640 Sergeant $95,256 Lieutenant $109,385 Effective July 1, 2017, each Police Officer who is not at maximum and arbitration provisions of this Agreement.is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. Effective July 1, 2018, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $66,994 $71,199 $75,423 $79,639 $84,217 $68,045 $72,252 $76,475 $80,780 $69,096 $73,313 $77,534 $81,931 $70,150 $74,368 $78,584 $83,071 Marine Officer Traffic Enforcement Officer $86,778 Accident Car Officer Dispatcher $88,059 Technician $89,342 Detective CIO SRO Master Police Officer Detective First Grade $93,014 Sergeant $96,685 Lieutenant $111,026 Effective July 1, 2018, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. Effective July 1, 2019, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $68,301 $72,587 $76,894 $81,192 $85,860 $69,372 $73,661 $77,966 $82,355 $70,443 $74,742 $79,046 $83,529 $71,517 $75,819 $80,116 $84,690 Marine Officer Traffic Enforcement Officer $88,470 Accident Car Officer Dispatcher $89,777 Technician $91,084 Detective CIO SRO Master Police Officer Detective First Class $94,828 Sergeant $98,570 Lieutenant $113,191 Effective July 1, 2019, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. ANNUAL WAGE RATES (GWI 2.05%) Effective July 1, 2020, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $69,701 $74,075 $78,470 $82,857 $87620 $70,794 $75,171 $79,565 $84,044 $71,888 $76,275 $80,666 $85,241 $72,984 $77,373 $81,759 $86,427 Marine Officer Traffic Enforcement Officer $90,284 Accident Car Officer Dispatcher $91,617 Technician $92,952 Detective CIO SRO Master Police Officer Detective First Class $96,772 Sergeant $100,591 Lieutenant $115,511 Effective July 1, 2020, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule NOTES

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. ‌ Seniority 1. Every new employee shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date a probationary employee and hour on which the worker first began work shall not attain seniority status until he has served in a bargaining unit positionUnion jurisdiction job for seven hundred and twenty (720) work hours. Seniority shall not accrue Any employee laid off prior to completing his full seven hundred and twenty (720) work hour probationary employees during the period, shall, provided he is recalled within two calendar months from date of lay- off, accumulate such hours worked prior to his lay-off towards completion of his probationary period. However, at the successful Upon completion of the probationary periodseven hundred and twenty (720) work hours, the workeremployee will be deemed eligible for permanent status and Union membership. Upon the attainment of seniority, the employee’s seniority rating will be calculated from the date of employment or reemployment period. Any person hired as a temporary employee shall not be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority contract, shall accrue and not be lost during a worker’s paid time off (PTO)eligible for Union membership and shall not be represented by the Union. Temporary employees will not be retained to perform bargaining unit work while regular employees are on lay-off, union leave provided the regular employees are available and during any paid leave of absencehave the ability and experience to perform the required work. Temporary employees shall be used to replace regular employees who are absent due to vacation, illness or approved unpaid leave injuries, leaves of absence and to fill temporary work surges. , when these vacancies cannot be filled by overtime from available, eligible employees within the classification and in the department where the vacancies occur. Use of temporary employees shall be for limited duration, not to exceed twelve fifteen (1215) weeksshifts of work per month. A worker This time limit may be extended by mutual agreement. Such agreement shall not accrue seniority while on Layoff or on be unreasonably withheld. Use of temporary employees to replace an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority absent employee shall be broken for any limited to the duration of the following reasons: Voluntary quit; Discharge; Failure to report to work after permanent employee’s absence. Where the Company knows that the absence will extend for at least a Layoffyear, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as Company will hire a new employee if to replace the Employer again employs him or herabsent employee. The failure If not required, the new employee hired will be laid off once the absent employee returns to work. For work surges and temporary additional manpower requirements, each temporary employee engaged shall be limited to fifteen (15) shifts of the Employer to rehire said worker after the loss of seniority work per month. This time limit may be extended by mutual agreement and such agreement shall not be subject unreasonably withheld. The Company will remit monthly Union dues of $40.00 to the grievance and arbitration provisions Union on behalf of this Agreementa temporary employee once that employee has completed 80 hours worked in that month. The foregoing shall not be used to avoid filling permanent vacancies.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Union and the Company both recognize and acknowledge that the employees are entitled to an equitable measure of security and advancement based on length of service. Newly hired employees pursuant to Article and shall serve a probationary period of sixty days worked and shall have no seniority rights during this period. Upon completion of the probationary period, a new employee shall have his seniority dated back to his most recent date of hire. During the probationary period an employee shall be considered as being employed on a trial basis and may be discharged at the sole discretion of the Employer. Seniority is the principle of granting preference to employees within the bargaining unit for purposes of promotions, demotions, lay-offs, recalls, assignments to shifts, selections and transfers. Seniority shall be defined as the worker’s mean an employee's length of continuous service with the Employer. An employee shall maintain and accumulate seniority under the following conditions: while he is actively at work for the Employer after he has completed his probationary period as set out in Article above if applicable; during any period when he is prevented from performing his work for the Employer by reason of injury arising out of and in the bargaining unit commencing with course of his employment for the date Employer and hour on for which he is receiving compensation under the worker provisions of the Workers' Compensation Act, subject to Article 11.06; during the first began ninety days of any absence due to illness, lay-off or written leave of absence. Such lay- off period shall not include the winter lay up. The Employer will consider the requirements and efficiency of operations and the skill, ability and physical fitness of the individual employee to perform the normal required work in a bargaining unit position. Seniority shall not accrue determining which employee is to probationary employees during the probationary period. Howeverbe assigned, at the successful completion of the probationary periodpromoted, the worker’s or transferred, and where these are relatively equal, seniority shall be retroactive to their first day of work in the bargaining unit position, govern. For lay-off and shall accrue during his/her continuous employment with the Employer recall seniority within the bargaining unit covered by shall govern provided the employee has the ability to perform the work. Seniority lists will be supplied to the Union and posted on the bulletin board within two weeks of the signing of this Agreement and at the start of each navigation season during this Agreement. Seniority once established for an employee shall accrue be forfeited and the employee's employment shall be deemed to be terminated under the following conditions: if he voluntarily quits; if he is discharged for any cause and not be lost during reinstated through the Grievance Procedure; if he fails to report for duty after a worker’s paid time lay-off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed in accordance with the provisions of this Agreement; if twelve (12) weeks. A worker shall not accrue seniority while on Layoff months or on an unpaid leave a period of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer time equivalent to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent employee's seniority, prior to the address that was last provided by the worker; Layoff which either extends (a) in excess of twentylay-four (24) consecutive months, or (b) for the period of the worker’s length of serviceoff, whichever is less; Absence , have elapsed from the day of lay-off. (It is agreed that the time spent on lay-off by an employee as a result of the winter lay up shall not be included for the purposes of if he is absent from work for more than three consecutive scheduled working days without notifying the Employer; and if he is absent from work for more than twelve months due to accident or illness or a period equivalent to the employee's seniority prior to absence, unless reasonable notification could not whichever is less. When recalling an employee after lay-off, he shall be given for emergencies, determined on a case-by-case basis at personally notified by telephone or notified by registered mail or telegram and allowed five working days from the sole discretion of management and exercised in good faith; Unauthorized failure date he is personally notified by telephone or notified by registered mail or telegram to report for work and, in the meantime, if an employee who is recalled for work and is not available for work, other employees in seniority standing may be recalled but will be temporarily employed until the senior employee reports within the five working day period as outlined. An employee to whom a registered letter or telegram is sent in accordance with this Article must contact the Employer within forty-eight hours of the notice of return to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of he wishes the Employer to rehire said worker hold the job open for him for the full five working day period. It shall be the employee's responsibility to keep the Employer notified as to any change of his address or telephone number so that they will be up to date at all times. Employees promoted to supervisory positions or positions not covered by this Agreement will retain their seniority after promotion and if transferred back into the loss bargaining unit the time served in such position shall be included in their seniority standing, up to a maximum of seniority twelve months, unless otherwise mutually agreed. At the lay-up of the vessel for the season, the Employer shall provide each satisfactory employee with the following letter of intent: copy for Employee; copy for the Engineer; copy for Employer; and copy for COMPANY LETTERHEAD NOTICE OF INTENT Employee's Name Home Address Name of Ship Manager's Address Employer's Address Rating Home Telephone Engineer Manager's Telephone Employer's Telephone This will certify that the above-named employee has indicated his intention to resume his employment with this Employer for the navigation season. I have accepted his notice of intent, and accordingly endorse the same. It is agreed that this shall not be subject to constitute a guarantee of work for the grievance and arbitration provisions coming season, but is dependent upon the availability of this Agreementwork for the navigation season.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority (a) An employee will be considered on probation, and will be placed on the appropriate seniority list(s) three calendar months from the date of hire, and providing the employee has completed four hundred working hours in this period. If he has not completed the required hours, the Company may elect to extend his probationary period to allow completion of the hours, at which time he shall be placed on the appropriate seniority list(s) three months prior to such date, but the four hundred hours must be worked within six consecu- tive months. When a probationary employee is terminated, the Human Resources Department will notify the Union Plant Chairperson. No grievance may be filed pertaining to such termination. Students hired for summer employment will not be eligible for seniority status. The Company may elect to hire students for summer employ- ment within the period of May through September providing there are no seniority employees on lay-off, and all permanent vacancies are posted and filled or are in the process of being filled. Students will be assigned work in direct labour job classifications, on a rotating shift basis or steady afternoons or midnights. The wage to be paid to such students is laid-out in Article XXI. The Company shall maintain the seniority lists and revise them every three months. There shall be no seniority amongst probationary employees. For the purpose of this agreement, the word employee means an employee who has seniority unless otherwise stated. For the purpose of this agreement, seniority means the seniority accumulated by an employee as defined as on the worker’s length of continuous service with the Employer in respective seniority lists. Any employee assigned to a job outside the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue return to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer a job within the bargaining unit covered by this Agreementand shall forfeit any accumulated seniority. Not withstanding their seniority status, the Zone Xxxxxxx, Chairperson or Chairperson, with one or more years of seniority with the Company shall, in the event of layoff be continued at work as long as work in their respective zone, plant or company, whichever is applicable, is available provided they are qualified, willing and able to satisfactorily perform the work being done at that time. With respect to scheduled work to be performed on overtime, the Company will schedule the zone xxxxxxx, who has the ability to perform an overtime job, when five or more people are working in the zone. Should the zone xxxxxxx refuse the overtime, the Union shall appoint one of the employees scheduled to work overtime as a temporary xxxxxxx. It is the responsibility of the zone xxxxxxx to notify the Union of his overtime refusal. In situations where no stewards are representing ten or more workers, within a plant, the Vice-Chairperson will be scheduled to perform one of the available overtime jobs. Seniority rights and employment of an employee shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken cease for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.:

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during Provided the probationary period. Howeverperiod is successfully completed, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their date from first day hour of work in job classification covered by contract. Seniority can only be gained in job classification worked covered by contract. Seniority, for the bargaining unit positionpurpose of layoff, and job bidding, bumping, or other specified purposes, shall accrue during his/her continuous employment with be district wide. In the Employer within event that two or more employees shall be hired at the bargaining unit same board meeting, the Board shall designate the seniority standing at the time or employment. Such seniority standing shall be included in the chronological hiring motion recorded in the minutes of the Board. In case of layoff in any classification covered by this Agreement, the youngest employee in point of seniority within the job classification affected will be laid off first. Seniority When laid off employees are called back to work, the procedure will be reversed; the oldest employee in point of seniority will be called back first. In any classification covered by this Agreement, seniority earned in any higher classification shall accrue be added to any previous seniority earned in any lower classification for the purpose of job bidding, layoff, bumping, etc. Should any employee in any classification be given cause to exercise his/her seniority, he/she shall be permitted to bump any employee with lesser seniority in any classification that his/her seniority permits. For a two-year period commencing at and not following a layoff of any full-time employee in classifications covered by this agreement, no new employee shall be lost during a worker’s paid time hired unless all laid-off (PTO), union leave and during any paid leave of absenceemployees have been offered in writing the opportunity to work the hours for which the new employee would be hired. Refusal to return to work for less hours, or approved unpaid leave at a lower rate of absence not to exceed twelve (12) weeks. A worker pay than his/her former position provided shall not accrue seniority while change any laid-off employees’ call-back rights under this Agreement. Whenever a vacancy occurs or a new position is created, such vacancy or new position shall be put in writing and forwarded to each employee by the Superintendent of Schools. Bids will be accepted for the vacancy or new position at a meeting of the staff at a time and place designated by the Superintendent of Schools within thirty (30) days of the date the vacancy occurs. Bids will be accepted for the vacancy or new position on Layoff or on an unpaid leave the basis of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and qualifications. Any vacancy created by the first bid will be placed for bid during the same meeting. The employee with the most seniority shall be broken for any of assigned to the following reasons: Voluntary quit; Discharge; Failure vacancy or new position providing he/she has the necessary qualifications to report fill the position. Whenever there is doubt about qualifications, persons bidding on the position shall be given up to work after a Layoff, within three thirty (330) days after receipt of written notice of recall sent (probationary period) to qualify. In the event an employee does not qualify for the vacancy or new position (as determined by the Employer Superintendent), he/she shall return to the worker at his/her last address of record former position, and the employee with the second higher seniority who has bid on the position shall be assigned to the position under the same provisions. The same procedure shall be followed until the position or positions are all filled and all qualifications are met. Employee evaluations during these probationary periods shall be in writing and placed in the employee’s personnel file with the Employer or ten (10) days after written notice of recall is sent a copy given to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could employee. Such evaluations are not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance procedure but are subject to review and arbitration provisions of this Agreementto discussion.

Appears in 1 contract

Samples: Drivers Agreement

SENIORITY. ‌ Seniority A seniority list of Employees covered by this Agreement shall be defined as the worker’s length of continuous service with posted by the Employer annually in January each year. Such list shall show the names and dates of last entry into Employer’s service, from which date seniority shall accumulate. An Employee transferred or promoted to a position which is excluded from the bargaining unit commencing with shall, in the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue event of his subsequent return to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksmonths, be reinstated on the seniority list as if he had remained in the bargaining unit. A worker shall not accrue If such an Employee returns to the bargaining unit after twelve (12) months following his transfer or promotion, his seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority date shall be broken the date of his return to the bargaining unit. An Employee who has been laid off shall retain his seniority status for any a period of the following reasons: Voluntary quit; Discharge; Failure fifteen (15) months. If recalled to report to work after service in a Layoffclassification covered by this Agreement within fifteen (15) months of day of lay-off, within three he shall be reinstated with seniority status held at time of lay-off. An Employee who resigns or is discharged for just cause shall forfeit all seniority rights under this Agreement. When two (32) days after receipt of written notice of recall sent or more Employees are hired by the Employer on the same calendar date, the Employee whose surname is first alphabetically will be shown as such on the seniority list. Protests in regard to seniority status shall be submitted in writing to the worker at his/her last address of record on file with the Employer or ten within thirty (1030) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent publication of the Employer unless on layofflist. Accepting a position with the Employer in a non-bargaining unit categoryWhen proof of error is presented by an Employee or his representative, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above error shall be considered as a new employee if corrected, and when corrected, the Employer again employs him or heragreed upon seniority date shall be final. The failure of the Employer An Employee with than six (6) months service shall be on probation and may not exercise seniority rights nor grievance procedure relating to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.his separation while on probation. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority as referred to in this Agreement shall be defined as the worker’s mean length of continuous service in e of the member listed in the store where the individual is employed. Total years of I will continue to determine the employee's vacation entitlement or other are part of established Goodwill policy. Part-time employees will accrue seniority in classification. months service employees will be calendar months began. It is also moves to a new required to work a benefits. Goodwill transferred from prolong their probationary Goodwill. It is wherever possible. employees will be considered on probation until completion of three (3) calendar and will have no seniority rights during that period. Full-time and part-time to all tasks within that three month period. After completion of three (3) with Goodwill the Employer seniority shall date back to the date on which employment that only one (1) probationary period is required when a full-time employee cation in the bargaining unit commencing unit. Part-time employees moving to full-time status will be (3) month probationary period before eligibility for after probation wages and agrees that there will be no separate probation period for employees moved or ore to another. There is also no intent to terminate or rehire employees in order to period. The discipline, dismissal, layoff or failure to recall after layoff of a shall not be the subject of a grievance and shall remain within the discretion of hat the dismissal of a probationary employee shall be in the presence of a xxxxxxx the store and a to job performar Goodwill. layoffs shall be the determining exercise seniority location who to exceed two (2) when the Seniority lists will be revised each six (6) months; a copy of the list will be posted in to the Union. 4s used in this Agreement, the term "qualifications" shall mean such factors relating skill, competence, ability, training experience, and general work record with Layoffs which are anticipated to exceed five (5) workings days and recalls after in the date following factors: seniority; and hour on qualifications t is understood that where qualifications are relatively equal, then seniority shall be is understood that, in the event of a layoff, employees who are laid off shall not for the purpose of displacing employees with less seniority in any classification or laid off. shall have absolute discretion in making layoffs which are not anticipated days and such layoff shall not form the worker first began work in a bargaining unit positionbasis for any grievance. Seniority shall not accrue terminate and an employee shall cease to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employed by Goodwill voluntarily quits employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during company; is off work for a worker’s paid time off (PTO), union leave and during any paid leave continuous period of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff months or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any the length of the following reasons: Voluntary quitemployee's seniority, whichever is the shorter. is discharged and is not reinstated through the grievance procedure or arbitration; Discharge; Failure fails to report to work after a Layoff, within three (3) working days after receipt of written notice being notified by Goodwill of recall sent by registered mail at the Employer last known address; fails to return to work upon the termination of an authorized leave of absence unless a bona fide reason is given to the worker at his/her last address appropriate Manager or Director on or before the expected date of record return; accepts gainful employment while on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during without first obtaining the period of a contractual leave of absence without the express consent of Goodwill in writing; is absent from work for three (3) consecutive working days without notice to Goodwill and x bona fide reason therefore. when requested, a caused the Employer unless absence. absence it shall be ai shall be at the the discretion of the the employee's the pattern of Goodwill has the will bear the cost of supervisory or within the scope of and shall have position for a period unit position within be lost. address. Notice last address of which acknowledges that it within the possible, to apply the be filled from within be posted on layoffthe unit in another Company shall be herein shall prevent employee applies. Accepting It Goodwill seniority on a position with the Employer temporary maternity leave, it is apply, Goodwill exists. Every effort in a non-bargaining unit categoryreasonable Any employee's return to work after sick leave will be conditional on supplying, such as from a supervisory physician that they have fully recovered from the sickness which It is agreed that when a doctors note is requested within the first five (5) days of an expense, and when requested after an absence of five (5) days or managerial rolemore it expense. A worker whose seniority Goodwill agrees to pay for reports to the extent required by law. It is lost for agreed that a medical certificate may be requested following any absence at supervisor and that this shall be at the expense of the reasons outlined above shall be considered as a new employee if in cases where level has exceeded an acceptable level determined by the Employer again employs him company or herwhen is questionable. The failure of the Employer to rehire said worker after the loss of seniority It is agreed that this shall not be the subject of a grievance. When an employee is off work for six (6) weeks or more due to illness or injury, n to require the employee to be examined by a doctor designated by Goodwill who examination. In the event that any employee covered by this Agreement should be promoted to a position beyond the scope of the Agreement and is later placed in a position Agreement the seniority previously acquired in the bargaining unit shall be retained thereto the seniority accumulated while serving in such supervisory or confidential four (4) months. In the event that such employee is not returned to a bargaining said four (4) month period, all seniority formally acquired in the bargaining unit shall It shall be the duty of each employee to notify Goodwill promptly of any change in by the company shall be deemed to be given if forwarded to the grievance employee at the Company had notice. Without limiting Goodwill's right and arbitration provisions discretion to hire and promote, Goodwill endeavour where possible, to fill vacancies by the appointment of employees unit at the time such vacancy occurs and in so doing, will attempt insofar as is of paragraph Goodwill and the Union acknowledge their mutual intention that vacancies should bargaining unit wherever possible, therefore: permanent vacancies in new classifications and in existing classifications shall tin board for a period of five (5) working days and any employee in the bargaining may make application for such vacancy. In the filling of the vacancies, the to the limitations set forth in Article relating to cases of promotion. Nothing Company from hiring persons outside the bargaining unit when no qualified agreed that where bargaining unit members apply with equal qualifications, then the determining factor. Any vacancy can be filled at the discretion of Goodwill not to exceed forty-five (45) working days. In cases of major illness, parental or reed that this Agreement.time period could be extended. a vacancy exists and no qualified candidates from within the bargaining unit the right to transfer a qualified employee to the store within which the vacancy I be made to select an employee who can reach the newly assigned store location of time. In cases where Goodwill has initiated the transfer, the employee's seniority will be carried to current job request for a consider these will be the date of prevent a joint transfer. necessary to temporary transfers outlined in Article temporary transfer is place of residence Goodwill agrees to new store location and feathered into the existing store seniority and within the employee who wishes to be transferred to another store may file a written the Human Resources department of Goodwill. Every effort will be made to s before a new hire is made. The employees seniority in the new Employees will be limited to one transfer annually. This however does not being reached between the employee and Goodwill on a mutually beneficial limiting Goodwill's right and discretion to transfer employees where operation of a store, Goodwill will endeavour to make its best effort to limit a maximum of forty-five (45) working days. The extension of the transfer as may apply with respect to major illness, parental or maternity leave. Where a Goodwill will endeavour to ensure that the travel time from the employees the new location is similar to that experienced when at their regular location. employees for additional travel costs associatedwith this type of transfer. ARTICLE with the and December of ea earned during the employees only: but less than three such pay to be twelve months years or more prior vacation with pay, Goodwill during the years or more prior calculated at eight immediately vacation entitlement for part-time employees will be calculated in accordance Act of Ontario. Part-time employees will receive their vacation pay in July year. The vacation pay shall be calculated at the rate of of their total wages The following vacation entitlement detailed in a, d refer to full time employees who have been continuously employed by Goodwill for one full year prior to June 30th in any year, shall receive two (2) weeks vacation with pay, at four percent (4%) of such employee's earnings with Goodwill during the preceding June 30th in that year. employees who have been continuously employed by Goodwill for three (3) full 30th in any year, but less than nine (9) full years, shall receive three (3) weeks pay to be calculated at six percent (6%) of such employee's earnings with months immediately preceding June 30th in that year. employees who have been continuously employed by Goodwill for nine (9) full 30th in any year shall receive four (4) weeks vacation with pay, such pay to be cent (8%) of such employee's earnings with Goodwill during the twelve months June 30th in that year. full years or more be calculated at immediately employees who have been continuously employed by Goodwill for sixteen (16) to June 30th in any year shall receive five (5) weeks vacation with pay, such pay to (10%) of such employee's earnings with Goodwill during the months June 30th in that year. choosing a vacation of vacation period shall be based upon seniority, provided that prior to an employee first receives written consent from the department supervisor for the period chosen, a operating needs. No except in employees will be as requests will be one (I). Seniority may, where The maximum accordance with providing also, that such choice does not interfere with the normal departmental period in excess of two (2) consecutive weeks need be granted by Goodwill which Goodwill considers to be exceptional. Goodwill agrees to supply a vacation schedule for each department where by April I in any year to state their vacation preferences. Written confirmation of by May I in any year based upon seniority and the criteria mentioned in paragraph not apply to vacation requests after May I in any year. It is agreed that employees carry forward a portion of the vacation entitlement not used in the previous year. t of carryover should not exceed the equivalent of six months of vacation due in ?

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Employees are credited with system-wide seniority in one of three departments: Operations, Parts, or Maintenance. For operators with Regular status on or before December 10, 1985, seniority shall be governed by the seniority list posted on that date. For all other operators, seniority shall be governed by date of hire. The maintenance list shall be posted in each maintenance area. The operators list shall be posted near the dispatch area or in the driver train room. The Parts list shall be posted in the Parts areas. Lists shall be updated as needed. A copy shall be furnished to the Union. Seniority shall be defined deemed correct if not protested within 30 days after the first incorrect posting. An employee who transfers from one department to another shall continue to accrue seniority in the former department until the employee completes a period of 60 shifts worked in the new department. Upon completion of such period, the transfer shall be considered permanent and seniority in the former department shall be retained up to the date the position was awarded but shall not thereafter accumulate. Seniority in the new department shall commence as of the worker’s length initial date of continuous service with award. However, departmental seniority between employees who are awarded a position from the Employer same job posting in the same new department will be governed by their original date of hire into the bargaining unit. Any employee accepting full time Union office shall retain and accumulate seniority during the period of such service. Any employee who accepts a position outside the bargaining unit after working in a position within the bargaining unit, will continue to accumulate seniority in the bargaining unit commencing with the date and hour on which the worker first began work in for a bargaining unit positionperiod of 90 days. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the probationary 90 day period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with will be retained up to the Employer within date of transfer but will not thereafter continue to accumulate. Upon returning to the bargaining unit covered by this Agreementthe employee shall return to the employee’s original classification and may exercise seniority to take the least senior available assignment or regular run but otherwise shall bid for assignment on the next regular Change Day or bid day. Seniority continues to accumulate during any layoff or approved leave of absence such as for sickness or injury. Time on leave is not considered time worked for any purpose except accumulation of seniority. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, whenever the employee quits; is discharged for just cause; retires; or approved unpaid leave of absence not fails to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report return to work after a Layoff, within three (3) five work days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration end of a leave of absence pursuant to this Agreement; Taking employment elsewhere during or the period receipt of notice of recall from a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. ‌ Seniority For the purpose of seniority, employees shall be defined considered as grouped in accordance with Schedule "A" of the worker’s length Agreement there being one list for full-time employees and one list for part-time employees in each group. A seniority list for each seniority section shall be posted by the Company in January of continuous service each year. The list will show name, position and date from which each employee's seniority is accumulated. The Company shall provide the accredited Representative and the Local Chairperson with copies of each list. Where an employee has only held seniority in one seniority section for more than fifteen years and their job has been abolished, they may use their seniority to displace in any seniority section where they are qualified. Employees appointed by bulletin to permanent positions in a seniority section will be accorded a seniority date from the date of appointment by the bulletin. Changes in the seniority date of an employee shall be considered if the employee or Union Representative makes written protest within sixty (60) calendar days posting of the seniority list. Errors reported after sixty (60) days shall only be considered by the President and/or designated Management employee of the Tower and the Local Chairperson where the change is supported by the recorded evidence. Any time the Tower has a temporary department closure, all affected bargaining unit employees will be offered voluntary lay-off in seniority order before junior employees are laid off. Those employees who chose this option are deemed to acknowledge by this provision that may not be entitled to Unemployment Insurance Benefits. When laying off an employee, the Company will give to the employee affected ten (10) calendar days notice if the lay-off is deemed to be for more than three (3) months, and in the event of job abolition fourteen (14) calendar days notice. The Local Chairperson shall be advised of all lay-offs and job abolition and may make proposals to Management on behalf of the employees affected. When reducing forces, senior qualified employees will be permitted to exercise their seniority in accordance with the Employer terms of this Article. Any full-time employee will be considered as senior to any part-time employee. A displaced employee or one whose position is abolished must exercise seniority within own job classification provided has the qualifications to perform the work, failing which may: Exercise seniority within other job classifications within seniority section or within another seniority section wherein holds seniority, provided has the qualifications to perform the work; or the employee may take a lay-off and/or hold available for part-time employment within own seniority section until such time as recalled in the bargaining unit commencing his own seniority section in accordance with the provisions of the Collective Agreement. In the application of this Article, an employee required to exercise seniority to an immediately previous job classification, provided has the qualifications to perform the work, will establish a seniority date the same date as immediate previous job classification. Where there is more than one vacancy in a particular job classification, and hour more than one employee is qualified, and one or more of them is a new scheduled employee and obtains one of the vacancies, the seniority date of the successful employee will be established on the basis of the employee number. Where there is more than one vacancy in a particular job classification, and more than one employee is qualified and has held a position in a previous job classification, and obtains the vacancy, the seniority date of the successful employee will be the same as previous job classification. An employee exercising seniority in accordance with this Article shall, within five (5) calendar days of the abolition of position, or displacement, make choice in writing to the designated Human Resources Representative, copy to the Local Chairperson, stating qualifications where necessary failing which the worker first began work employee shall forfeit seniority. The employee in question shall assume such new position at a bargaining unit positiondate specified by the Company, such discretion not to be abused by Management. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid When an employee is on leave of absence, or approved unpaid leave vacation, granted by the Company, on the date of absence displacement or the abolition of position, the time limits established in Article above shall apply from the date of return to work. To be eligible for recall, a laid-off employee must keep the Human Resources Department informed of current address. A laid-off employee who fails to report for duty after receiving notification by registered letter, or a similar recordable message, or who fails to give satisfactory reasons for not doing so within five (5) calendar days of receipt of such notification, shall forfeit seniority rights and shall be removed from the employ of the company such being regarded as a voluntary separation. A laid-off employee who is otherwise employed at the time of recall, may, without loss of seniority refuse a recall to exceed a position of less than ninety (90) days anticipated duration, provided that another junior qualified laid-off employee is available. Laid-off employees shall be given preference in filling positions or vacancies in other seniority sections when no qualified laid-off employees are available in those seniority sections, their seniority in other seniority sections shall date from the date employed in these seniority sections. Laid-off employees will be recalled to service in the order of their seniority, provided they have the necessary qualifications to perform available work, due regard being given to the provisions of Article and The name of an employee who has been or is appointed from a scheduled position to employment in an excepted position shall be retained on the seniority list of the seniority section from which was appointed and such employee shall continue to accumulate seniority for a period of one (1) year after which name shall be removed from the seniority list of departments. When an employee is released from an non-scheduled position may exercise seniority rights to any position which the employee is qualified to fill. The right to exercise shall be limited to a period of five (5) calendar days subsequent to release from non- scheduled position. Such employee shall also have the right to return to former seniority section if so desires during the twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence month period in which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of was promoted providing the following reasons: Voluntary quit; Discharge; Failure to report to work after employee serves a Layoff, within three thirty (330) days after receipt of written day notice of recall sent by the Employer in writing to the worker at his/her last address designated Human Resources Representative not later than one (1) year from the date of record on file with promotion after which the Employer or ten (10) days after written notice provision of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above Article shall be considered as a new employee if the Employer again employs him or herapply. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.clause shall not apply to employees who are dismissed for just cause. Subject to Article the name of an employee who has been laid off be retained on the seniority list of the seniority section from which last worked for a period of twelve (12) months or the equivalent of accumulated seniority, whichever comes first, after which, if no recall or has not answered a recall, name shall be removed from the seniority list of all groups. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority shall The most senior employee making application who meets the first two factors will be defined as the worker’s length selected. The selected employee will be given a period of continuous service time to train and become acquainted with the Employer new position. If during the first five days of this period of time the employee wishes not to remain on the new position, the employee will be returned to the former position. However, such employee will be prevented from bidding on another posting to that same job for a period of six months. If found suitable for any given job, an employ- ee’s application for such job will be marked “accepted”. Should the employee prove unable to perform the duties in an acceptable manner, the application will be marked “rejected” and withdrawn from file. Reasons for such rejec- tion to be supplied, in writing, to the Union and the employee. Employees going on vacation or other approved absences may file a request with the Company to ensure their eligibility and consideration for any permanent vacancy occurring during their absence. The employer agrees to post office Union job postings simultaneously on office and plant job posting boards. Plant employees wishing to be considered for such openings may do so within the posting period provided in this Article. The employer is under no obligation to fill such posted job with a plant applicant. If there are no successful bids on the posted vacancies, employees on the recall list will be recalled in order of seniority. Employees who refuse recall to train under this section shall not lose their seniority nor shall their recall rights to other jobs or training opportunities be affected. Where a job posting for a permanent position has not been filled under the above procedures, consideration will be given to probationary employees who have bid on the job. The em- ployee with the earliest start date will be as- signed to the job at the minimum rate for that classification. Any vacancy resulting from a probationary employee being assigned to a job as a result of this provision will be filled by a new hire or another probationary employee. If, after the above procedure, vacancies still remain, the Company will be free to use its discretion in filling the vacancy. When a new job is created in the bargaining unit commencing unit, the occupation will be posted in the plant and filled in accordance with the date factors as outlined in Section If there are no bids received or if there are no qualified bidders, the Company is free to fill the vacancy at its discre- tion. An employee who bids on a job may withdraw such application at any time by applying in writing to the Personnel Department. The successful bidder will be entitled to the vacancy unless such bidder is notified in writ- ing that the vacancy has been cancelled. When the Company determines a vacant job will not be filled, the Company will post a notice advising the employees such vacancy will not . immediately be filled. Section Any employee who is a successful bidder will not be considered for any further vacancy for a period of six months except where such vacancy is in an equal or higher rated category. Similarly, any employee who rejects a transfer to any job will sign a waiver to that effect and hour on which will not be considered for the worker first began work in same job for a bargaining unit positionperiod of six months. Seniority shall not accrue Section Due to probationary employees during the probationary period. However, at the successful completion unique operations of the probationary period3 Making Department, operating requirements from time to time necessitate changes in shift schedules, numbers of shifts and the worker’s seniority shall be retroactive to their first day number of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementemployees.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority shall (a) An employee will be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with considered on probation, and will months from the date of hire, and hour on which the worker first began work employee has completed four hundred working hours in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary this period. HoweverIf he has not completed the required hours, at the successful Company may elect to extend his probationary period to allow completion of the hours, at which time he shall be placed on the appropriate seniority list(s) three months prior to such date, but the four hundred hours must be worked within six consecutive months. When a probationary periodemployee is terminated, the worker’s Industrial Relations Department will notifythe Union Plant Chairperson. No grievance may be filed pertaining to such termination. Students hired for summer employment will not be eligible for seniority status. The Company may elect to hire students for summer employment within the period of May through September providing there are no seniority employees on lay-off, and all and filled or are in the process of being filled. Students will be assigned work in direct labour job classifications, on a rotating shift basis or steady afternoons or midnights. The Company shall maintain the seniority lists and revise them every three months. There shall be retroactive no seniority amongst probationary employees. For the purpose of this agreement, the word employee means an employee who has seniority unless otherwise stated. For the purpose of this agreement, seniority means the seniority accumulated by an employee as defined on the respective seniority lists. Any employee assigned to their first day a job outside the bargaining Vice-Chairperson one or more years of work with the shall, in the bargaining unit positionevent of be continued-at work as long as their respective zone, plant or company, whichever is applicable, is available provided they are qualified, willing and able to satisfactorily perform the work being done at that time. With respect to scheduled work to be performed on overtime, the Company will schedule the zone xxxxxxx, who has the ability to perform an overtime job, when five or more people are working in the zone. Should the zone xxxxxxx refuse the overtime, the Union shall accrue during his/her continuous employment with appoint one of the Employer employees scheduled to work overtime as a temporary xxxxxxx. It is the responsibility of the zone xxxxxxx to notify the Union of his overtime refusal. In situations where no stewards are representing ten or more workers, within a plant, the bargaining unit covered by this AgreementVice-Chairperson will be scheduled to perform one of the available overtime jobs. Seniority rights and employment of an employee shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken cease for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.:

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority shall be defined as In the worker’s school 'year, of this Collective Agreement, seniority means the length of continuous service with the Employer Board or with any predecessor Board of Education which has been amalgamated or merged with the Board, and seniority shall operate on a bargaining unit-wide basis. Commencing September seniority shall mean length of service within Local A new employee shall be on probation for a period not exceeding ninety (90) working days. When an employee proves satisfactory shall be confirmed in position and name shall be placed on seniority list and seniority shall date back to the date of hire. The Board will maintain a seniority list showing each employee’s name, job classification and the date upon which seniority commenced. The seniority list will be revised and posted in each work location twice a year at the end of May and the end of November, and the Board will send two copies of the list to the Union. Complaints about the accuracy of the seniority list will be considered within thirty (30) working days of the date of posting and the list shall be deemed to be accurate if no complaint or grievance is received within the said time limit of thirty (30) working days. Those transferred to positions not covered by this Agreement, will retain their seniority accumulated in the bargaining unit commencing with for a period of twelve (12) months, or up to twenty-four (24) months by mutual agreement of the date parties, and hour on which if transferred back into the worker first began work in a bargaining unit positionwithin the agreed upon period, they shall be credited with all previously accumulated seniority within provided that no bargaining unit employee who has completed probationary period shall be displaced as a result of such transfer. Seniority If an employee is absent from work because of personal illness, accident or leave of absence authorized by the Board, shall not accrue to probationary employees during the probationary periodlose seniority rights. However, at the successful completion of the probationary period, the workeran employee’s seniority shall be retroactive lost and employment deemed to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken terminated for any of the following reasons: Voluntary quitdismissal for just cause; Dischargevoluntary resignation; Failure lay-off for twelve (12) consecutive months; failure to report to the Board within the time specified in a recall notice or failure to report for work after on the date specified in a Layoff, within recall notice unless unable to do so for a valid reason. Notices of recall shall be sent by registered mail to the employee’s last address on Board records and a copy will be sent to the Recording Secretary of the Union; absence from work for three (3) consecutive working days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the workerwithout a valid reason; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence absence from work without notifying the Employer, unless reasonable notification could not be given due to illness or injury for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementmore than two (2) years.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined established upon completion of a probationary period, as provided for in Ar- ticle of this agreement, shall count from the worker’s length date the employee is appointed to his last job within the bargaining unit, and shall include any seniority accumulated during any previous period of continuous service with the Employer appointment in such job. Employees shall retain seniority accumulated in any previously held job for purposes of re- classification or recall to such job(s). Any employee transferred or promoted to func- tions outside the bargaining unit commencing with shall forfeit previously accumulated job seniority two years after the date of such transfer or promo- tion. For purposes of application of this provi- sion, the date of assignment to such functions, in an acting capacity, for an uninterrupted pe- riod of time immediately preceding the effec- tive transfer or promotion, shall be deemed to be the date of transfer or promotion, An employee reclassified to another job will be subject to a trial period of three months of combined training and hour active duty. During such period the Corporation may return the em- ployee to his previous job and, similarly, the employee may request to be returned to his pre- vious job, which request shall be granted provi- ded a vacant position is available in said job. The return of such employee shall not create a layoff situation unless a redundancy situation existed on initial transfer or developed in which case applicable provisions of arti- cles 2 or will prevail. Seniority accumulated during the trial period will accrue to the new or previous job in which the worker first began work employee will be confirmed on completion of the period. Seniority and length of service shall be forfei- xxx only in the event of voluntary resignation, retirement, dismissal from the Corporation’s services, or upon of a bargaining unit positionor month period following layoff per the terms of Article of this agreement. Seniority shall not accrue also forfeited in application of article above. Seniority of an employee shall continue to probationary employees ac- cumulate during all periods of leave as provi- ded in the probationary periodcurrent Collective Agreement. However, at the successful completion In January of the probationary periodeach year, the worker’s Corporation shall provide the Union with an up-to-date seniority list. The seniority list as agreed upon on Octo- ber shall be retroactive to their first day of work in the bargaining unit positionbasis for all future use. In the event that more than one employee have identical seniority, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position service with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above Corporation shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementprevail.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as measured by the worker’s length of continuous service with the Employer in the bargaining unit commencing with unit. Seniority rights shall become effective after 120 calendar day probationary period. New employees shall be regarded as probationary employees until they have completed 120 calendar days of continuous employment. There shall be no seniority status among probationary employees. They may be transferred and/or released without question when in the opinion of the City they fail to perform satisfactorily. Seniority rights shall be lost upon termination of employment or failure to return to work within one (1) year from the date of lay-off. In all cases of lay-off of employees, the employee’s seniority in their respective occupational classification shall govern. Employees last hired shall be the first laid-off and hour on before any new employees are hired for the same classification, laid-off employees shall be recalled. An employee laid-off may apply for another job, provided he has the ability to perform the work and has greater seniority. An employee who has applied for job and cannot perform in the classification shall be returned to his former classification and placed in lay-off. Employees shall be recalled in the reverse order to that by which they were laid-off. In the worker first began work event of a lay-off, the affected employee who is finally displaced shall be given an opportunity to be trained in a bargaining unit positionclassification where a vacancy exists provided they have the ability to be trained in that classification. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positiongovern, and shall accrue during his/her continuous employment be set aside in the case of lay-offs in which the employee is on a skilled or semi-skilled job and there is no employee with the Employer within greater seniority who has the bargaining unit covered by this Agreementability to perform the work efficiently. Seniority shall accrue not govern, and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any set aside in the case of recalls, in which the laid-off employee with the most seniority does not have the ability to perform the duties of the following reasons: Voluntary quit; Discharge; Failure position to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementfilled efficiently.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority (a) An employee will be considered on probation, and will be placed on theappropriate seniority list(s) three calendar months from the date of hire, and providing the employee has completed four working hours in this period. If he has not completed the required hours, the Company may elect to extend his probationary period to allow completion of the hours, at which time he shall be placed on the appropriate seniority list(s) three months prior to such date, but the four hundred hours must be worked within six consecutive months. When a probationary employee is terminated, the Human Resources Department will notify the Union Plant Chairperson. No grievance may be filed pertaining to such termination. Students hired for summer employment will not be eligible for seniority status. The Company may elect to hire students for summer employment within the period of May through September providing there are no seniority employees on lay-off, and all permanent vacancies are posted and filled or are in the process of being filled. Students will be assigned work in direct labour job classifications, on a rotating shift basis or steady afternoons or midnights. The Company shall maintain the seniority lists and revise them every three months. There shall be no seniority amongst probationary employees. For the purpose of this agreement, the word employee means an employee who has seniority unless otherwise stated. For the purpose of this agreement, seniority means the seniority accumulated by an employee as defined as on the worker’s length of continuous service with the Employer in respective seniority lists. Any employee assigned to a job outside the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue return to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer a job within the bargaining unit covered by this Agreementand shall forfeit any accumulated seniority. Notwithstanding their seniority status, the Zone Xxxxxxx, Vice-Chairperson or Chairperson, with one or more years of seniority with the Company shall, in the event of layoff be continued at work as long as work in their respective zone, plant or company, whichever is applicable,. is available provided they are qualified, willing and able to satisfactorily perform the work being done at that time. With respect to scheduled work to be performed on overtime, the Company will schedule the zone xxxxxxx, who has the ability to perform an overtime job, when five or more people are working in the zone. Should the zone xxxxxxx refuse the overtime, the Union shall appoint one of the employees scheduled to work overtime as a temporary xxxxxxx. It is the responsibility of the zone xxxxxxx to notify the Union of his overtime refusal. In situations where no stewards are representing ten or more workers, within a plant, the Vice-Chairperson will be scheduled to perform one of the available overtime jobs. Seniority rights and employment of an employee shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken cease for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.:

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. ‌ Seniority Employees hired by the Employer after December shall be defined as the worker’s have their seniority based upon their length of continuous service from their last date of hire. Employees hired on or before December shall have their seniority based upon their length of continuous service with the Employer in Crown immediately prior to the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion commencement of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer in addition to their length of continuous service with since their date of hire. Employees shall accumulate seniority while actively at work, on vacation, on a paid leave of absence or on other leave authorized by the Employer except for leave granted under Section or while continuously absent from work due to sickness, disability or accident for up to months. The Employer shall provide the Union with a revised seniority list every six (6) months indicating employees' seniority date and current classification, An employee's seniority date on the seniority list shall be deemed conclusively correct unless written notice of objection to the seniority date shown is provided to the Employer. Job Posting Where a vacancy, other than a temporary vacancy, exists or is created and is to be filled, it shall be posted for at ten working days prior to the established closing date. Notice of the vacancy shall be posted on the bulletin boards in all work locations. All applications to fill a vacancy shall be acknowledged by the Employer. The Union shall be provided with a copy of all job A temporary job vacancy means a vacancy for a job with an expected duration of less than six months. Employees assigned to such vacancy have the right to return to their regular position or equivalent on the expiration of their assignment. The notice of vacancy shall state the nature and title of the position, pay, the normal requirements of the job and location. When a vacancy is posted and employees within the bargaining unit covered by this Agreementapply, the Employer shall determine the successful candidate based on the qualifications, abilities, seniority and experience of the candidates in relation to the requirements of the vacant position. Seniority Where the qualifications, abilities and experience are relatively equal, seniority shall accrue govern, provided the candidate has the necessary qualifications, ability and experience to fulfil the requirements of the position. Employees shall not be lost during required to relocate to an office outside the municipality in which they work without their agreement. Where employees agree to relocate, they shall be paid reasonable relocation expenses up to a worker’s paid time off (PTO), union leave maximum of upon approval of expenses. An employee's seniority rights and during any paid leave of absence, her or approved unpaid his employment shall terminate if: the employee resigns and the resignation is accepted by the Employer; the employee is discharged for just cause and is not reinstated. the employee exceeds or overstays a leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of granted by the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of Employer without having obtained the express written notice of recall sent by consent from the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent extension prior to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of the originally granted leave of absence; the employee gives false reasons for obtaining a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of or utilizes a contractual leave of absence without for a purpose other than that for which the express consent of leave was granted; the employee fails to report back to work from lay-off within ten working days after being notified to return to work unless the employee provides a reason acceptable to the Employer unless on layoff. Accepting a position with for the failure to report for work; the employee is absent from work for three consecutive working days without notifying the Employer in and does not provide a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if reason acceptable to the Employer again employs him or herfor the failure to report for work; the employee has been laid off for a period of eighteen months; the employee retires. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.ARTICLE

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority a) is defined as length of service in the unit New employees shall be defined on probation for a of three calendar months of employment. If retained the period, each employee’s shall be effective from the date of hire The Hospital may extend the a of one month where considers such to be the best interest of the employee and the Hospital. The and the employee be in writing of such extension and, upon request. the Hospital shall advise the employee and the of the basis for the A seniority list shall be compiled by the Hospital for all employees who have completed their probationary period based on each employee’s date of last This date shall be to reflect any which is not accumulated. A of said shall be-provided to Association January and June of each year, and a current of such list shall be maintained in the Pay Office and made available to employees upon request. In the event that a temporary employee is retained by the Hospital on a permanent basis, her seniority and for the purpose of salary, sick leave and vacation entitlement, shall be made retroactive to her last date of hire as a employee. provided no break in has and, in the workerevent that she is retained in the job as originally hired for, her period of temporary employment shall be applied towards her probationary period, which shall be reduced Seniority rights and an employee’s length employment shall be deemed to have bean terminated ii she: voluntarily leaves the employ of continuous service with the Employer Hospital; is discharged and the discharge is not reversed through the grievance procedure; off work due lo sickness, accident or disability in of thirty months. off work due to layoff of twenty-four months; is absent from work without permission for three consecutive working days, unless explanation satisfactory to the Hospital is given by employee; fails to return to work upon of an leave of absence and fails furnish an explanation to the or a leave of absence for purposes other than those for which the leave was granted; fails to return to work within ten calendar days after being recalled from layoff by notice sent by registered mall unless an explanation satisfactory to the Hospital is given by the employee. An employee who a position the bargaming shall not accumulate In the event that the is returned the to a position in the bargaining unit commencing with she be credited the seniority held at the time of transfer and resume accumulation from the date and hour on which the worker first began work in a of her return to bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementunit.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority In the event the HOSPITAL has to reduce its staff for any reason, either temporarily or permanently, such layoff of CLS/MLT/LTAs is to be done by means of seniority. This means that where the competency and ability of CLS/MLT/LTAs is equal, accumulated (hours worked) length of service employed as a CLS/MLT/LTA at the HOSPITAL shall be defined the controlling consideration in reducing the force. The HOSPITAL agrees to provide an updated current seniority list once each year during the first week of January to the GROUP representative(s). This list may be posted at the discretion of the GROUP. In the event that the HOSPITAL increases its staff, or has need to hire new CLS/MLT/LTAs, or re- establishes a previously abolished position, the HOSPITAL agrees to recall its CLS/MLT/LTAs in the order of their seniority, the ones laid off last being recalled first, and the ones laid off first being recalled last. If a position that has been abolished has been re-established, the person(s) who formerly held those positions shall first be offered those positions in the order of their seniority. In the event of a layoff, the HOSPITAL agrees to offer the CLS/MLT/LTA who is to be laid off, any position in this Agreement, which he/she is qualified to fill, on the basis of seniority. That person who is displaced as a result of the worker’s length election of continuous service the laid-off CLS/MLT/LTA shall similarly be offered any position in this Agreement which he/she is qualified to fill, on the basis of seniority; thus resulting in the person with the Employer in least seniority being ultimately laid off if all the bargaining unit commencing with the date and hour on which the worker first began work in senior CLS/MLT/LTAs elect to exercise their rights to a bargaining unit positionjob. Seniority A CLS/MLT/LTA who elects to be laid off rather than accept another job shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s lose his/her seniority shall be retroactive to their first day of work in the bargaining unit positionrights by said lay-off, and shall accrue during have the right to any future vacancy on the basis of place in seniority. In the event of a recall, the HOSPITAL agrees to send the CLS/MLT/LTA a registered letter informing him/her of said vacancy. If the CLS/MLT/LTA fails to appear at the HOSPITAL or contact the Administration within five (5) days, absent exigent circumstances, said CLS/MLT/LTA shall lose his/her continuous employment seniority. The HOSPITAL shall have the right to send said registered letters to the first five (5) CLS/MLT/LTAs in the order of seniority, but shall be obligated to follow seniority strictly in returning to a job. No job category shall be abolished without prior consultation with the Employer within GROUP. In the bargaining unit covered by this Agreementevent that the Administration reasonably concludes that a category of CLS/MLT/LTA is no longer necessary, said CLS/MLT/LTAs are to be terminated on the basis of seniority. Seniority shall accrue and not be lost during a worker’s paid time In the event the HOSPITAL requests that CLS/MLT/LTAs take days off (PTO)without pay, union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker such absent days shall not accrue seniority while on Layoff affect the CLS/MLT/LTAs classification, and the CLS/MLT/LTAs shall continue to receive benefits in the same manner as if he/she had worked the days he/she was requested to be absent without pay. In the case of lay-off, the HOSPITAL shall give the CLS/MLT/LTA two (2) calendar weeks’ notice or on an unpaid leave two (2) weeks pay in lieu of absence which exceeds twelve weeksnotice will be paid. A worker shall lose accumulated seniority and seniority shall be broken for Neither the foregoing provisions nor any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration other provisions of this Agreementcollective bargaining agreement limit the HOSPITAL’s exercise of the reserved management rights to reorganize the Laboratory during the current term including, but not limited to, the elimination of former classifications, the creation of new job classifications, the modification of duties, including but not limited to supervisor tasks, the acquisition of equipment, the adoption of new or different procedures, and the determination of the optimum number of full time employees among the staff in each category.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeksabsence. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial roleEmployer. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. (a) An employee, other than anyone hired and designated as temporary, shall acquire seniority status after he/she has been in the employ of the Company for a probationary period of ninety consecutive days. It is understood that in cases of absence beyond ten consecutive days, the Company may extend the probationary period by the total number of consecutive days absent. Seniority shall govern on all occasions when: a lay-off which the Company expects to remain in effect for more than one week occurs provided employees are sufficiently qualified. Sufficiently quali- fied shall be defined deemed to mean that the employee is qualified to perform the normal duties of the job. In the event of a workforce reduction, employees designated as temporary will be termin- ated before any regular employee. a transfer or a promotion to a classifi- cation included in Schedule “A” which the worker’s length Company expects to remain in effect for more than thirty days occurs, provided however, that the senior employee has qualifications equal to or better than those of continuous service with other employees. If any such temporary lay- off, transfer or promotion should subse- quently become permanent, or exceed the Employer in stipulated time limits, the provisions of this clause shall apply immedi- ately but such application shall be with- out retroactive effect. For the purpose of this Agreement, seniority shall be calculated from the date an employee first enters the bargaining unit commencing under this Collective Agreement with the date Company or its predecessor. Employees who leave the bargaining unit, for any reason, shall maintain and hour on which continue to accumulate seniority for the worker first began work in a bargaining unit positiontotal period of their subsequent employment with the Com- pany or its predecessor. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the workerAn employee’s seniority shall be retroactive lost upon termination of employment, except that an employee’s lost seniority shall be restored upon if such termination was due to their first day lay-off, provided the lapse of time between the date of termination for such reason and the date of does not exceed eighteen months. This paragraph shall not apply to anyone hired and designated as tem- porary. An employee, other than anyone hired and designated as temporary, who is laid off for two weeks or less as the result of a lay- off which the Company expects to remain in effect for two weeks or less, will be credited with seniority for such period upon return to work from such lay-off. When an employee who has been in a classi- fication for twenty-six or more consec- utive weeks is regressed to a lower classi- fication due to lack of work, he/she will be given four weeks’ notice of such regres- sion or paid at the bargaining unit positionrate of the higher classi- fication in lieu of such notice. When employment offers are made, former employees whose employment with the Company was terminated during the eighteen months due to lay-off and who are qualified for the job or jobs available shall accrue during be offered employment on the basis of seniority accumulated prior to ter- mination. Any person being under this clause shall not be designated as temporary. The Company shall be under no obligation to such a former em- ployee unless he/she has filed his/her continuous employment current address and telephone number with the Employer within Company for this purpose, can be reached when the bargaining unit covered by this Agreement. Seniority shall accrue opportunity for employ- ment arises and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken is available for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at when his/her last address services are required. In the event that a former employee fails to accept other than of record on file a tem- porary nature, the Company may consider that he/she no longer wishes to be re- employed. The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union. The Company agrees to alter the seniority lists from time to time and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the seniority status of an employee without consultation with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this AgreementUnion.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority shall (a) The company recognizes that seniority is an important factor to be defined considered along with the impor- tant factors of merit and ability in all moves, transfers, promotions, layoffs. reinstatements and recalls but when merit and ability are relatively equal as between employ- ees, then seniority is recognized as the worker’s prevailing factor in the making of a selection. Fundamentally, rules respecting seniori- ty are designed to to employees an equitable mea- sure of security based on length of continuous service with the Employer company and, in the event of a reduction of available work, the company shall retain at work the employees having the greatest amount of seniority, provided that these employees possess the qualifications required by the company for the efficient performance of the work available. Any employee who has basic seniority in one bargaining unit commencing and who, as of December is on the active employment rolls of another bargaining unit or who subsequently is placed in to another bargaining unit under circumstances where does not seniority with shall, at first layoff thereafter in a layoff which appears to the date company to be one which will exceed calendar days, have seniority deter- mined by whichever of the following then elects: Such employee may irrevocably waive seniority in basic bargaining unit and hour retain at the other bargaining unit hisher latest date-of-entry seniority, which will then become basic seniority (it being understood that such waiver will not break the employee’s “company seniority” for purposes of such plans as the vacation, jury duty pay, SUB or retirement plans where company, rather than office, seniority is taken into account): or Such employee may elect to return to hisher basic bargaining unit, in which event shall be placed in, or on which the worker first began recall list of, basic seniority unit with full credit for seniority accumulated while work- ing in the other unit to be included in determining hisher seniority in such basic unit, and shall retain no seniority rights in any other bargaining unit. Any employee who does not elect above, in writing at the place designated the company within five calendar days after layoff shall be deemed to have elected In the event of a of available work in a bargaining unit position. Seniority shall not accrue to probationary employees during any classification the probationary period. However, at employee in such classificationon the successful completion seniority list concerned having the least amount of the probationary period, the worker’s seniority shall be retroactive the employee affected by such reduction and and any employee displaced because of a trans- fer shall be retained at work consistent with hisher senior- ity in accordance with the following procedure provided in each case that the employee affected possesses the qualifi- cations required by the company for the efficient perfor- xxxxx of the work available: the employee affected shall be transferred to their first day of work the classification which was in immediately prior to being transferred to present classification provided such prior classification was on the seniority list concerned, still exists on the seniority list concerned. and is not more than one salary class lower than present salary class; not entitled to transfer under section then shall be transferred to a position on seniority list one salary class lower than present salary class; if not entitled to transfer under section or then shall be transferred to a posi- tion on seniority list two salary classes lower than present salary class or in the bargaining unit positionnext successively lower salary classes; if not entitled to transfer under section or then shall be to the position on seniority list occupied by the employee having the least amount of seniority. in the event that such reduction results in the layoff of an employee such layoff shall be made in accordance with section Provided that an employee under the provisions of sec- tions or who is displaced becauseof a reduction in staff and is offered a position which pays a rate of salary lower than that which the employee was receiving the time of displacement, and shall accrue during his/her continuous employment have the option of accepting the work available to or being laid off. An employee so laid off shall designate to the company at the time of layoff, the minimum rate of salary to be for the purpose of determining the open- ings for which the employee wishes to be consis- tent with the Employer within the bargaining unit covered by this Agreementsection when an opening becomes available. Seniority shall accrue and not The rate of salary so designated may be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksequal to. A worker but shall not accrue seniority while on Layoff or on an unpaid leave exceed the highest rate of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent salary received by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere such employee during the period of a contractual leave employ- ment in the bargaining unit. If the rate of absence without salary to be offered for an that becomes available is less than the express consent rate of salary so designated, the Employer unless on layoff. Accepting company shall not be required to notify shall be recalled to work, however, consistent with section when the rate of salary for an opening becomes available is equal to or greater than the minimum rate of salary so des- ignated by When such employee is offered a position with for which would receive a rate of salary which is equal to or greater than the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any minimum rate of salary designated by must accept the reasons outlined above tion offered otherwise shall have no fur- ther right to recall and shall be considered as to have resigned from the company. In order to carry out the intent of this section the com- pany shall first terminate the employment of temporary employees and lay off probationary employees in the event of a new employee if reduction of available work, provided that employees with seniority possess the Employer again employs him or her. The failure qualifications required by the company for the efficient performance of the Employer work available. A probationary employee who is separated from the payroll of the company due to rehire said worker after a in staff shall be informed at the loss time of seniority shall not be subject to the grievance and arbitration provisions of this Agreementseparation whether is being laid off or discharged.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall will be defined as set up and maintained for all employees of the worker’s length of continuous service with Sawmill and Planing Mill. Temporary vacancy will be filled within the Employer department and will not be posted in the bargaining unit commencing other department. Trade apprentice program openings, including graders apprentice, will be posted in both sawmill and planing xxxxx. When a permanent vacancy occurs at the Sawmill or at the Planing Mill, the vacancy will be posted and the senior applicant who, provided he has the aptitude of skill, efficiency and ability, will be trained by the Company in order to meet the job requirements in accordance with clause 12.06 (3). It is also understood that seniority will not be transferable to other agreements of the Company. Employees that have been transferred at the Sawmill and the Planing Mill from the Plywood Plant, will for the purpose of fringe benefits, retain all their seniority already accrued, but for the purpose of actual exercising of seniority such said employees' seniority will begin accruing on the date and hour on which the worker first began transfer was effected. Tradesmen from the sawmill will be permitted to perform work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion planing mill when required by the Company. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING between TEMBEC INC. FPG - COCHRANE SAWMILL (hereinafter called the "Company") and U.S.W. CANADA - LOCAL 1-2010 (hereinafter called the "Union") Re: Front End Loader/Prentice Mobile Operator/Mobile Slasher It is agreed between the Company and the Union, that before an employee can bid on the job classification of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionAFront End Loader/Prentice Mobile Operator@ he must have previously been qualified as XXxxx Labour/Front End Loader/Prentice Mobile Operator trainee@, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during have spent a worker’s paid time off (PTO), union leave and during any paid leave minimum of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt months in that classification. It is also understood that if the candidate fails to qualify himself as AFront End Loader/Prentice Mobile Operator@ in the above manner, he will be returned to his former job classification he held prior to his appointment to XXxxx Labour/Front End Loader/Prentice Mobile Operator trainee. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING between TEMBEC INC. FPG - COCHRANE SAWMILL (hereinafter called the ACompany@) and U.S.W. CANADA LOCAL 1-2010 (hereinafter called the AUnion@) Re: Carry Lift Operator It is agreed between the Company and the Union, that before an employee can bid on the job classification of written notice ACarry Lift Operator@ he must have previously been qualified as XXxxx Labour/Carry Lift Operator trainee@, and have spent a minimum of recall sent by three (3) months in that classification. It is also understood that if the Employer candidate fails to qualify himself as ACarry Lift Operator@ in the worker at hisabove manner, he will be returned to his former job classification he held prior to his appointment to XXxxx Labour/her last address of record on file with Carry Lift Operator trainee@. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Employer or ten (10) days after written notice of recall Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING Between TEMBEC INC. FPG - COCHRANE SAWMILL And U.S.W. CANADA - LOCAL 1-2010 It is sent to agreed between the address Company and the Union, that was last provided by the worker; Layoff which either extends (a) in excess of twentyweek-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not end clean-up will be given for emergenciesby preference to employees from the bargaining unit when available, determined on by students if necessary and as a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report last resort. Employees who are willing to work will be required to signify their interest by giving their names to their supervisor by Thursday at noon. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during Company For the period of a contractual leave of absence without Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING between TEMBEC INC. FPG - COCHRANE SAWMILL (hereinafter called the express consent of "Company") and U.S.W. CANADA - LOCAL 1-2010 (hereinafter called the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement."Union")

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority shall be defined as the worker’s List Where qualified seniority is preference or priority for promotions, demotions, lay-offs and and all other matters measured by length of continuous service with the Employer in the bargaining unit commencing with as outlined herein, seniority shall operate on a bargaining-unit-wide basis, The Employer shall maintain a seniority list showing the date upon which each employee’s service commenced. An up-to-date seniority list shall be sent to the Union and hour posted on which all bulletin boards in January and July of each year. for New Newly hired employees shall be considered on a trial basis for a period of sixty days worked from the worker first began work in a bargaining unit positiondate of hiring. Seniority During the trial period employees shall not accrue be entitled to probationary all rights and privileges of this agreement except that the employment of such employees may be terminated at any time during this period of sixty days worked without recourse to the probationary periodgrievance procedure. However, at the successful After completion of the probationary trial period, the worker’s seniority shall be retroactive to their effective from the first day of work in the bargaining unit position, present period of employment and shall accrue during on the basis of his/her continuous employment length of service with the Employer Hospital. The employee will receive a progress report at approximately the mid-point of the trial period. Such report will be discussed with the employee. It is understood that the contents of the progress report are not Absence An employee shall lose all seniority and’shall be deemed to have terminated his/her employment if he/she: is discharged for cause and is not reinstated; he/she resigns; he/she is absent from work in excess of two working days without notifying the employer unless such notice was not reasonably possible; after a lay-off, fails to return to work within seven calendar days after being notified by registered mail to do so, unless not reasonably possible. It shall be the responsibility of the employee to keep the employer informed of his/her current address; fails to return to work on termination of an approved of absence without just cause; uses a leave of absence for purposes other than those for which the leave of absence was granted; is laid off and not recalled within the bargaining unit time limits provided in Article is absent from work due to illness or disability for a period of thirty months from the time such absence commenced. Transfers to Positions If an employee is temporarily transferred to a Supervisory position or any other position not covered by this Agreementagreement, he/she shall retain and accumulate seniority in the position from which he/she was temporarily transferred. Seniority shall accrue Effect of Absence Length of Service will be interpreted by the Hospital as years of unbroken service with It is understood that during an approved unpaid absence not exceeding thirty continuous days or any approved absence paid by the Hospital, both seniority and not be lost during a worker’s paid time off (PTO)service will accrue. During an unpaid absence exceeding thirty continuous calendar days, union leave and during any paid leave credit for service for purposes of absencesalary increment, vacation, sick leave, or approved unpaid leave any other benefits under any provisions of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff the Collective Agreement or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority elsewhere, shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) suspended for the period of the worker’s length absence in excess of servicethirty continuous calendar days, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined benefits concerned appropriately reduced on a casepro rata basis and the employee’s anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of employee benefits in which he/she is participating for the period of the absence, except that the Hospital in accordance with the Workers’ Compensation Act, will continue to premiums for up to twelve n pay its share of the months while an employee is io in receipt of benefits. Notwithstanding this provision, accrue for a period of fifteen weeks if an employee’s absence is due to a disability resulting in benefits. It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or lay-by-case basis at the sole discretion of management off shall be suspended and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere not accrue during the period of a contractual leave of absence without the express consent of the Employer unless on layoffabsence. Accepting a position with the Employer in a non-bargaining unit categoryNotwithstanding this provision, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject accrue for a period of eighteen months if an employee’s absence is due to the grievance and arbitration provisions of this Agreementa disability resulting in benefits.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority Employees who have not completed three hundred and sixty (360) regularly scheduled hours worked within a six (6) month period shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionconsidered probationary employ- ees. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the probationary period, the worker’s an employee shall acquire seniority shall be retroactive according to their his first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within Company, or date of last rehire, whichever is most recent. The Company and the bargaining unit covered Union may mutually agree to extend the time periods expressed in and the terms of this extension. In recognition by the parties that the purpose of a probationary period is for the Company to evaluate new employees, it is agreed that probationary employees are subject to dis- missal for cause as a probationary employee. For the purpose of this clause the employ- ment of a probationary employee may be discontinued where the Company in its discretion, determines he is unsuitable or unsatisfactory. A probationary employee shall have rights to the grievance procedure except in respect to seniority and job There shall be two (2) types of seniority; namely Company and Department. Seniority will be cal- culated in calendar days and one (1) year of seniority will be equal to three hundred and sixty five (365) days. Company seniority shall start with the employee’s first day of employment with the Company, or date of last rehire, whichever is most recent. Department seniority shall start with the employee’s most recent initial day worked in the department, unless provided for else- where in this agreement. Departments shall be: Pit Operations Coal Plant Operations Maintenance (including warehouse, jani- tors and tool crib) Employees shall accumulate seniority in one department only at any one time, unless pro- vided for elsewhere in this Agreement. Seniority shall accrue and not be lost during a workerIf the transfer of an employee is required by the Company, from one Department to another, for the efficient conduct of operations or because of considerations of health, the employee’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority senior- ity in the new Department shall be broken for any of deemed to be equal to that which he previously held in the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three former Department. On being transferredat the employee’s request (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit categorythrough job bumping, such as a supervisory or managerial role. A worker whose employee shall have no department seniority is lost for any of on entering the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this AgreementDepartment.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority An employee, other than a student hired for the vacation period, shall be defined as the worker’s length of continuous service with the Employer acquire seniority status after being in the bargaining unit commencing with employ of the date Company for a probationary period of one hundred and hour on which the worker first began work in a bargaining unit positioneighty consecutive days. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work govern in the bargaining unit position, and shall accrue during case of a lay- off which the Company expects to remain in effect for more than seven days provided employees are sufficiently qualified. No individual employee will be laid off for more than a total of days in a year with- out applying his/her continuous employment with seniority rights, notwithstanding the Employer within Company’s ability to implement the bargaining unit covered by this Agreementseven day lay-off without said employee’s seniority. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority Sufficiently qualified shall be broken for any deemed to mean that the employee is qualified to per- form the normal duties of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address job For equally qualified employees seniority shall govern in the case of record on file with a transfer or pro- motion to a classification within the Employer or ten (10) days after written notice of recall bar- gaining unit, which the Company expects to remain in effect for more than thirty days. It is sent understood that where employ- ees are not equally qualified preference shall be given to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere best qualified. Qualifications acquired during the period of a contractual transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjust- ment. Where the temporary adjustments contem- plated above occur and subsequently become permanent or exceed the stipulat- ed time limits, the provisions of this clause shall apply immediately but such applica- tion shall be without retroactive effects. Copies of the Job Posting and Lay-Off Procedure are available to the Union and show the established lines of and retrogression. The Company agrees not to revise the Procedure during the term of the agreement. However, any addition to the Procedure shall not be deemed to be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee’s seniority and subject to the first paragraph of this clause, to the lowest classification of any job progression, other than the Manufacturing Serviceman job (and such assignment may be to that classification occupied by the employee with the least seniority of all the employ- ees in the bottom classifications of the lines of progression) or, if there is no such classification available to the employee, the employee will be assigned to one of the following classifications, in the follow- ing order based on said employee’s senior- ity; Manufacturing Serviceman, Serviceman, Labourer-Janitor and Seniority shall govern in the case of a off from the classification of Manufacturing Serviceman, Serviceman, Labourer-Janitor and For the purposes of this agreement an employee shall be credited with seniority for the total period of employment with the Company or its predecessor in any capacity at any location. Seniority so acquired shall be lost on termination of employment. However, accumulated seniority shall be restored upon if such termi- nation was due to lay-off, or the expiration of leave of absence without for illness or accident, provided the express consent lapse of time between the Employer unless on layoffdate of termination for such reasons and the date of does not exceed twelve months. Accepting a position When employment offers are made, former employees whose employment with the Employer in a nonCompany was terminated during the ‘ceding twelve months due to lay-bargaining unit category, such as a supervisory off and who are qualified for the job or managerial role. A worker whose seniority is lost for any of the reasons outlined above jobs able shall be considered as offered employment on the basis of seniority accumulated prior to The Company shall be under no obligation to such a new former employee if unless said person has filed a current address and telephone number with the Employer again employs him or herCompany for this purpose, can be reached when the opportunity for employ- ment arises and is available for work when required. In the event that a former employee fails to accept the Company may consider that said person no longer wishes to be The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union. The failure Company agrees to alter the seniority lists at least every four months and to cor- rect any errors therein whenever proof of error is submitted by the Employer to rehire said worker after Union or any employee. No change shall be made in the loss seniority status of seniority shall not be subject to an employee without consultation with the grievance and arbitration provisions of this AgreementUnion.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority It is hereby agreed that each Local Union shall be defined designate which retroactive seniority date (a. or b.) shall apply to their Customer Counter Clerks that were on the payroll as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the November 19, 1998 (hereinafter “effected Customer Counter Clerks”). The application of this seniority date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue be cause for a contract violation prior to probationary employees during or after the probationary period. However, at the successful completion signing date of the probationary periodLetter of Understanding and shall become effective on the signing date of the Letter of Understanding. The seniority date for those effected Customer Counter Clerks who were on the payroll and a United Parcel Service employee on November 19, the worker’s 1998 shall have their seniority shall date be retroactive to December 5, 1995 or their actual date of hire, whichever is more recent. This language applies to these Locals of JC #28: Locals #174, 313, 589, 690 and the Local 252 locations formerly represent- ed by Local 378. The seniority date for those effected Customer Counter Clerks who were on the payroll and a United Parcel Service employee on November 19, 1998 shall have their seniority date be retroactive to November 19, 1998. This language applies to these Locals of JC #28: Locals #38, 58 and the Local 760 locations formerly represented by Local 524 Those Customer Counter Clerks hired after November 19, 1998 shall have a seniority date of their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreementworked upon gaining seniority. Seniority shall accrue and not for all contractual purposes will be lost during the date applicable in #1 a worker’s paid time off (PTO)b or c above, union leave and during any paid leave except as provided in # 5 below. Vacation accrual for those effected Customer Counter Clerks will be their original hire date at United Parcel Service. For the vacation peri- od of absence2000, or approved unpaid leave all effected Customer Counter Clerks will receive those weeks of absence not to exceed twelve (12) weeksvacation they would have received as a Customer Counter Associate. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any For the remainder of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoffcurrent collective bargaining agreement, within three (3) days after receipt those effected Customer Counter Clerks will receive the number of written notice weeks from Article IX of recall sent by the Employer to United Parcel Service Joint Council of Teamsters No. 28 Rider or Article 6 of the worker at his/her last address Sort Addendum. The scheduling of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) vacations for the period Customer Counter Clerks will be determined by their area practice. Only for the purpose of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not bidding Article 22.3 full-time inside jobs or if displacement occurs these Customer Counter Clerks will be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure allowed to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoffutilize their Company hire date. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.WAGES AND BENEFITS

Appears in 1 contract

Samples: d3n8a8pro7vhmx.cloudfront.net

SENIORITY. For Seniority purposes, employees with the same credited service date will have their respective seniority determined by a drawing of numbers. Each employee in order to benefit by the seniority provisions of this Agreement, must keep the Company informed of his/her current address and telephone number at all times by notifying the Company as follows: An employee on the active payroll will notify his/her by signing the form available. Former employees who are subject to recall will notify the Personnel Office. Failure to comply with the foregoing could mean a loss of overtime offering, Supplementary Unemployment Benefits, call-in transfer consideration, or a possible delay in recall. The Company will maintain a service list in each department, in view of all employees, showing the Company service date and the department service date of each member of the department. An employee's hiring date shall be defined as the worker’s length date of continuous the employee's first working day for the Company, but same shall be changed when required by other clauses in this Agreement. An employee shall not acquire seniority privileges until s/he completes three months service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. HoweverCompany, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during which time his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority hiring date shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure deemed to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at be his/her last address of record on file Company service date and such service shall be deemed to be "credited service". An employee with three or more months continuous Company service shall enjoy back service credit as set forth in Clause The three months referred to in this clause shall be deemed the Employer or ten (10) days after written notice of recall is sent probationary period for all employees. When a full-time employee changes his/her status to a part- time employee, s/he shall receive credit for service up to the address that was last provided by the worker; Layoff which either extends (a) in excess date of twentychange. when such employee returns to full-four (24) consecutive monthstime employment, or (b) s/he shall receive credit only for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such time while employed as a supervisory or managerial rolefull-time employee. A worker whose seniority is lost for any An employee accepting part-time employment in place of the reasons outlined above lay-off shall be considered as a new laid off employee if in determination of credited service while employed as such. An employee who is required to temporarily work less than normal hours due to his/her personal health, shall be considered a full-time employee for the Employer again employs him purpose of accumulating credited service only during such rehabilitation period. An employee shall have job seniority when s/he completes three months of continuous credited service on the job on which s/he is hired or herto which s/he is transferred, at which time his/her credited service shall be deemed to be his/her job seniority. An employee who is transferred to replace an employee on leave of absence under Clause shall be considered an employee on loan for such period. When an employee has job seniority and is transferred s/he shall continue to accumulate job seniority on such job until s/he acquires job seniority on the job to which s/he is transferred. Notwithstanding Xxxxxx and an employee who has job seniority and who is transferred in accordance with Clause and the job on which s/he had job seniority becomes open within two years from the date of his/her transfer from such job shall return to his/her job provided no employee has prior rights under clause The failure employee who thus returns shall be credited with his/her job seniority on such job as of his/her date of return. This Clause shall not apply where an employee is transferred under and exercises job progression or transfers under within the Employer two years herein specified. An employee shall have residence rights when s/he completes three months of continuous credited service in the department in which s/he is hired or to rehire said worker which s/he is transferred. When it becomes necessary to lay-off employees, in a job classification, employees who have no seniority privileges will be laid off first. If after the loss layoff of such employees a further layoff is necessary, then employees with seniority shall not privileges will be laid off in accordance with their seniority as follows: For the purpose of layoff, there are two types of jobs: Classified General which are listed under a supplemental agreement. In accordance with the procedures herewith set forth, an who is subject to layoff from his/her job will displace the grievance and arbitration provisions employee with the least amount of this Agreementcredited service among those employees who have less credited service.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority A new employee shall be defined known as a probationary employee until he has worked three hundred and seventy-five (375) hours. is agreed that the worker’s length dismissal or lay off of continuous service a probationary employee shall not be made the subject of a grievance. Before final acceptance for employment, all applicants will be required to pass a physical examination. This examination may include x-ray and such laboratory tests as are required in accordance with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion provisions of the Long-Term Care Homes (where applicable) and the Public Health Act (where applicable) for the protection of the employee and the Employer. If an employee is assigned to work before the physical examination is completed, it is understood that continued employment is pending upon the results of the physical examination. A probationary employee shall receive an evaluation of her work performance from the Employer at or about the three hundred and fifty (350) hours worked period of her probation. On or before the expiry date of an employee’s probationary period, the workerEmployer will notify the employee in writing that; The employee’s seniority appointment to staff is confirmed, or; The employee’s employment is terminated, and such shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority and shall not be subject to the grievance procedure. Approved of absence in excess of ten working days during the probationary period will not be considered as working days for the purposes of completing the probationary period. An employee who has completed the probationary period shall be credited with three hundred and arbitration provisions seventy-five hours of seniority. For purposes of this Agreementarticle seniority and service shall be calculated on the basis of one year of seniority for each eighteen hundred (1800) hours paid. Any time worked in excess of an equivalent shall be pro-rated. In cases of promotion, demotions or permanent transfer of employees within their respective Home, the ability and seniority of the employees shall be considered. Where these factors are equal, the applicant with the greatest seniority will be considered, provided that in cases of disciplinary demotion the criteria will be whether there was just cause, not whether the had seniority over some other employee. Any question having to do with the observance or non-observance of seniority as required by this Agreement may be the subject of a grievance dealt with under the grievance procedure including the arbitration provisions.

Appears in 1 contract

Samples: Service Employees

SENIORITY. Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work of an employee in a bargaining unit positionposition covered by this Agreement. Seniority For the purposes of calculating seniority for a part-time employee, sixteen hundred and fifty (1650) hours worked shall not accrue equal one year of seniority. Newly hired employees shall be considered to probationary employees during the probationary periodbe on probation for a period hours worked. However, at the successful completion of If retained after the probationary period, the worker’s seniority employee shall be retroactive credited with seniority from date of last hire. With the written consent of the Hospital, the probationary employee and the President of the Local Union or his designate, such probationary period may be extended. It understood and agreed that any extension to their first day the probationary period will not exceed an additional hours worked or such lesser period as may be agreed by the parties. The release of work in a probationary employee shall not be the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreementsubject of a grievance or arbitration. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union pregnancy leave or parental leave. For the purposes of pregnancy leave and during any paid leave of absenceparental leave, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority accrual shall be broken for any determined by multiplying the normal weekly hours times the number of weeks the employee is absent due to a pregnancy leave up to a maximum of weeks and/or the number of weeks the employee is absent due to a parental leave up to a maximum of weeks, whichever applicable. Seniority shall be retained by an employee in the event she is transferred from full-time to part- time or vice versa. For the purposes of the following reasons: Voluntary quit; Discharge; Failure application of seniority under the agreement but not for the purposes of service under any provisions of the agreement, an employee whose status changed from full-time to report part-time shall receive credit for her seniority on the basis of hours worked for each year of full-time seniority. For the purposes of the application of seniority, under the agreement but not for the purposes of service under any provisions of the agreement, an employee whose status is changed from part-time to work after a Layoff, within three full-time shall receive credit for her seniority on the basis of one (31) days after receipt year of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in seniority for each hours worked. Any time worked excess of twentyan equivalent shall be pro-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis rated at the sole discretion time of management transfer. It understood that the hour conversion shall apply to hours accumulated prior to ratification and exercised in good faith; Unauthorized failure that the hour conversion applies only to report hours worked subsequent to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementratification.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as determined by the worker’s length amount of continuous net credited service of any employee. In the event any employee is properly discharged (with Just Cause), or resigns their position, they shall forfeit their seniority immediately, and in all other cases, seniority shall terminate at the Employer end of one (1) year after lay off or two (2) years after being placed on Long Term Disability. After an employee has been reengaged in the bargaining unit commencing with service of the date Cooperative for a period of five (5) consecutive years, all previous service which was lost when the employee previously left the service of the Cooperative shall be credited to the employee's seniority. When employees have been laid off because of lack of work and hour are later re-employed, such lay-off shall in no way change their seniority on which the worker first began work in a bargaining unit positionseniority list. Seniority shall not accrue to probationary employees during prevail in matters affecting the probationary periodassignment of hours on work schedules, vacations, lay-offs, and re-hiring after lay-offs, insofar as service requirements will permit. HoweverWhen positions are filled, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work govern provided the employee, in the bargaining unit positionopinion of management, possesses the capabilities and shall accrue during his/her continuous employment with qualifications necessary to perform the Employer work. Part-time employees may exercise their seniority after full-time employees have exercised their seniority. When a newly created position or vacancy occurs in the Cooperative, which is within the bargaining unit unit, the Cooperative shall inform all employees by email to their WRT work issued accounts. Such notices shall be posted at least seven (7) calendar days before the position is to be filled and shall set forth the requirements for the position as they have been established by the Cooperative. Employees who wish to bid on the posted position must meet the requirements of the new position. The employee shall notify the Cooperative in writing of their desire within the seven (7) calendar day period after the position is posted. The Cooperative shall have fourteen (14) calendar days thereafter to either designate the person who has been selected to fill the position or to indicate that no currently employed employee has been selected. In the event a dispute arises as to the seniority of two (2) or more employees starting to work for the Cooperative on the same date, then the older in age shall be deemed to have the greater seniority. Seniority lists shall be kept up-to-date by the Cooperative and shall be available for inspection by the Union or any of its members at reasonable times. Such lists shall be made up and posted on all bulletin boards during January of each year, showing the name, location, classification, net credited service date, and the position of the employee. In the event of lay-offs, the Cooperative shall follow the principles of Cooperative Seniority insofar as it can, taking into consideration the capabilities and qualifications of the employees to perform the work; however, no employee shall be laid off who has greater Cooperative Seniority and has the capabilities and qualifications to fill a position now being held by an employee with less Cooperative Seniority. It will be the responsibility of an employee to make known his or her qualification for, and desire for employment in a position. Employees shall be rehired from layoff in reverse order of and under the same policy prescribed above for lay-offs, and preference shall be given to employees who have been laid off and who are qualified to perform the work of the job available. Employees laid off because of lack of work who make an appropriate request in writing to the Cooperative shall receive a notice of all re-employment job openings covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO)seniority as set forth herein, union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose so long as their accumulated seniority and seniority is in force. Such former employees shall be broken for any of notify the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, Cooperative within three seven (37) days after receipt from the date job openings are mailed from the Cooperative office of written notice of recall sent by their desire to apply for the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is job. Communications sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying former employee as shown on the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent records of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit categoryCooperative, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or herconstitute proper notification. The failure Union will be informed immediately of the Employer all such notifications. The Cooperative shall give thirty (30) days’ notice prior to rehire said worker after the loss lay-offs, and notice to an employee who, because of seniority shall not force reduction, is to be subject assigned to the grievance and arbitration provisions of this Agreementa lower job classification.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as is the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer Company within the bargaining unit unit. Length of service means the date of entry into service with the Company. Employees shall forfeit their seniority in the event that: they are discharged for just cause; they voluntarily terminate their position; they are on layoff for more than months; or they fail to notify their intent to return in accordance with Article 10.05; they fail to from scheduled leave without prior notice to the Company. A seniority list will be compiled by the Company and will be revised annually. Such list will show names, positions and last entry into service in positions covered by this Agreement. Seniority A copy of the seniority list shall accrue be forwarded to the Union, and not shall also be lost during posted on each vessel for all to see, annually, no more than fifteen days after it is compiled. For the purpose of this article, the time limit for filing a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and grievance regarding a member's seniority shall be broken fifteen days. Layoff and Recall It is agreed that in layoffs and rehires, preference will be given to qualified employees with the greatest length of service with the Company for any placements within t h e bargaining unit. Vacancies within the bargaining unit will be posted on the employee's bulletin board. Where more than one employee applies for the position where skill and ability are relatively equal, preference will be given to the employee with the greatest length of service with the Company. An employee who has been laid off will retain seniority and the right to be recalled for the next sailing season. Unlicensed personnel who are laid of€ in the previous season shall advise the Company's personnel office, in writing, between February 15th and March 15th of each year to indicate whether they will be available for employment in the upcoming operating season. Employees who fail to notify the Company in accordance with this Article are subject to discharge from service. The Company recognizes the value of career development and may, form time to time, promote qualified unlicensed employees to officer positions. It is understood that an employee who has satisfactory prior Company service as an Officer (with no break in Company service) will be ahead of employees who do not have company service as an Officer. It is understood that employees seeking promotions to Officer status must be members of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file in good standing. Employees who are promoted shall only retain their seniority rights with the Employer or ten Unlicensed Union provided they remain as members in good standing with the Union. Employees who are temporarily promoted for the purpose of training and/or relieving permanent Officers, shall retain their unlicensed seniority provided they do not work in an Officer category for more than a total of ninety days (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (aexcluding lay days) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on any calendar year. Upon promotion to a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a full time Officer's position with the Employer in Company, an Unlicensed employee will have his Unlicensed seniority frozen, so as to enable later possible returns to his former Unlicensed position. Such recall right shall only continue for a non-bargaining unit categoryperiod of three years from the date of his initial f u l l time position, such as a supervisory or managerial rolefollowing this, he shall have no further claim to Unlicensed seniority. A worker whose seniority is lost for any of the reasons outlined above All new employees shall be considered as appointed subject to a new employee if the Employer again employs him or herprobationary period of hours. The failure of the Employer to rehire said worker after the loss of seniority Any subsequent appointments shall not be subject to probationary periods of hours; however, the grievance and arbitration provisions of this Agreementprobationary rate shall be applied once per employee provided there is no break in service.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. SENIORITY Seniority date of each employee shall be his or her original date of placement in the bargaining unit and seniority as used herein shall be defined as the workertenure of an individual’s length employment from their original date of continuous service with the Employer placement in the bargaining unit commencing with the exception of bargaining unit individuals who take positions in the agency that are outside the bargaining unit. Such employees shall not accrue bargaining unit seniority during the time that they are outside of the bargaining unit. If an employee who leaves the bargaining unit should subsequently come back into the bargaining unit, the employee will retain their seniority from the previous time in the bargaining unit and they will begin to accrue seniority effective with the date and hour of their return. Unless specifically indicated otherwise, all references to seniority in this contract shall be as defined in the first sentence in this section. Except as set forth in this article, seniority shall be broken when an employee loses employment status. If more than one person started to work on which the worker first began work same day, they will be placed on the seniority list in a alphabetical order. Temporary employees as defined in this Agreement will begin to accrue seniority starting on the date that they become bargaining unit positionemployees with the Employer. Seniority SENIORITY LISTS The Employer shall, every three (3) months supply the local union president with an up-to-date seniority list. This list shall not accrue be broken down by work location, classification and date of hire seniority. The first list shall be a mutually agreed to list. The home address and telephone number of each new name appearing on said list shall be set forth after the name or supplied separately. PROBATIONARY PERIOD Newly hired non-legal staff employees will serve a probationary period of ninety (90) calendar days during which time they may be terminated by the Employer without showing cause or without recourse to the grievance procedure. Newly hired legal staff employees will serve a probationary period of one hundred fifty (150) calendar days during which they may be terminated by the agency without showing cause or without recourse to the grievance procedure. If retained beyond the probationary period, their seniority will date back to the date they last started to work for the Employer. However, Current employees internally promoted or transferred to another job classification will also serve the relevant probationary period set forth above. During or at the successful completion end of the probationary period, the workerEmployer has the following options: To retain the employee in the position to which the employee was transferred, To return the employee to the employee’s seniority former position, To transfer the employee to another position for which the employee is qualified, or To terminate the employee for cause. If, under this provision, the Employer transfers the employee to a position in a pay classification lower than that of the employee's former position, the employee shall be retroactive paid at the level the employee would receive if returned to their first day the employee's former position. TERMINATION OF SENIORITY Seniority of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not an employee will be lost during terminated for: Voluntarily resigning; Discharge for cause; Overstaying a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff without just cause or on without receiving an unpaid leave extension of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of time from the following reasons: Voluntary quit; DischargeEmployer; Failure to report to work after a Layoff(without just cause, within three (3) days after receipt of written or notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10without receiving an extension of time from the Employer) days after written notice the first day following a vacation, recovery from illness or accident; Retirement from active service with the Employer; Exhaustion of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementrights.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be separate as between two (2) groups; Journeymen and Apprentices shall constitute one (1) group, and Meat Wrappers shall constitute the second (2nd) group. Apprentices, when they have completed their training, shall be given their seniority as Journeymen, retroactive to their initial date of hire. Head Meat Cutters selected from Journeymen in this bargaining unit may be retained in that position by the Employer irrespective of seniority and shall accumulate seniority as a Journeyman while in that position. Head Meat Cutters selected from Journeymen not covered by this bargaining unit shall be entitled to only such senior­ ity as is acquired in accordance with their length of serv­ ice in case of layoff or rehire. Only Journeymen shall be promoted to classification of Head Meat Cutter. For those Employees who work 40 hours per week or more: Seniority is defined as the worker’s length of continuous service the employee’s serv­ ice with each signatory company throughout the opera­ tions within the bargaining unit. Regular full-time employees employed to work the basic work week set forth in Article II hereof shall acquire seniority within the store thirty (30) days after hire and shall acquire seniority within the entire operation of the Employer in the bargaining unit commencing with the covered by this Agreement after six (6) months of continuous employment. The employee’s seniority shall then date and hour on which the worker first began work in a bargaining unit positionback to his last date of hire. Seniority shall not accrue apply to probationary layoffs and rehire. The last em­ ployee hired shall be first laid off, and the last employee laid off shall be the first rehired. A reduction of an em­ ployee’s work schedule below forty (40) hours per week shall be considered a partial layoff. A full-time employee who is unavailable for reasons of his own convenience, even though he accepts part-time work, shall lose his seniority rights. For those Employees who work 25 to 40 hours per week: All part-time employees with established seniority as of the effective date of this Agreement and all part-time employees who thereafter work an average of twenty- five (25) hours per week during any four (4) consecutive week period shall have seniority within the probationary individual store. The employee’s seniority date shall be the begin­ ning of the four (4) week qualification period. HoweverSeniority shall apply to layoffs and rehire. The last em­ ployee hired shall be first laid off, at and the successful completion last employee laid off shall be the first rehired. A reduction of the probationary period, the workeran em­ ployee’s work schedule below twenty-five (25) hours per week shall be considered a partial layoff. Part-time employees with seniority shall be retroactive entitled to their first day preference for scheduling of work hours within the individual store in the bargaining unit positionorder of their seniority so that no junior part- time employee shall receive more hours of employment than a senior part-time employee. In the event there is a violation of seniority relating to the number of hours scheduled, the Employer shall correct such violation by re-scheduling during the following four (4) week period. A schedule of hours worked by part-time employees with seniority shall be posted within the store weekly. The time limitation on the filing of such a grievance shall not begin to run until the schedule is posted. If a part-time employee with seniority declines the oppor­ tunity to work the hours to which he is entitled, he shall sign a waiver so stating, and shall accrue during his/her continuous employment lose seniority. Preference for full-time employment: All part-time employees with the exception of those whose work is limited to bagging, carrying out and clean­ ing, shall have the option of notifying the Company and the Union in writing within ten (10) days of the execu­ tion of this Agreement of their desire to obtain full-time employment. Employees who so notify the Company and the Union shall be given preference for full-time employ­ ment if qualified for an available opening by past expe­ rience. Part-time employees with seniority as defined herein shall be given such perference throughout the operations of the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid Part-time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and employees without seniority shall be broken for any given such preference within the store in which they are employed. Any employee who notifies the Company and the Union of the following reasons: Voluntary quit; Discharge; Failure his desire to report obtain full-time employment who later refuses such an opportunity when offered to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above him shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.dismissal. A part-time employee who works less than twenty-five

Appears in 1 contract

Samples: digitalcommons.ilr.cornell.edu

SENIORITY. ‌ Seniority In laying off employees not as Tradesmen, plant seniority shall govern and the last of these employees hired shall be defined the first laid off. In laying off employees classified as Tradesmen, seniority shall govern and the worker’s length last employee hired shall be the first laid off within the specific trade in which the employees are classified and in which the employee-force is being reduced. These employees shall have the right of continuous service with exercising their plant seniority before being laid off. When increasing the Employer work force in jobs not classified in Trades, seniority shall govern and the last of these employees laid off shall be the first recalled. When increasing the work force in jobs classified in Trades, seniority shall govern and the last of these employees laid off shall be the first recalled within the specific trade in which the employee was classified and in which the work force is being increased. It shall be the laid-off employees’ responsibility to notify the Company of any change of address. Employees recalled will be allowed a reasonable time to report for work. In making transfers, except to occupations excluded by Clause 1 of this Agreement, seniority shall govern, provided the eligible employees have approximately equal ability or efficiency. Seniority rules shall not apply to making transfers to occupations excluded by Xxxxxx Any employees who are transferred or promoted to an occupation excluded by Clause 1 of this Agreement shall continue to accumulate seniority for a period of six months and retain that seniority. However, it is agreed that no employee so transferred, upon his return to the bargaining unit, shall displace or cause any lay-off of an employee in the bargaining unit. Notwithstanding the above, seniority shall not be for any employees transferred or promoted to an occupation excluded by Clause 1 of this Agreement after July and who are returned to the bargaining unit commencing more than six months after having been transferred or promoted to an occupation excluded by Clause 1 of this Agreement. It is understood, however, that service shall be Any employees (not in excess of two who leave the employment of the I Company to become officers of the Bakery, Confectionery and Tobacco Workers International Union, or of its Locals, shall retain and accumulate seniority. Upon their return, they shall be entitled to a rate of pay commensurate with the date and hour group rate of the job they held at time of departure. Notwithstanding anything to the contrary contained in this Agreement, all employees are hired on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees probation and, during the probationary period. However, at the successful completion of the they are to be considered probationary employees only and, as such, during this period, the worker’s these employees shall have no seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) rights except for the period purpose of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not posted job vacancies and may be given for emergencies, determined on a case-by-case basis subject to discharge at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence Company without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject recourse to the grievance and arbitration provisions Grievance Procedure. Upon completion of this Agreementtwo months service, they shall, if retained, be entitled to seniority dating from date of original employment.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess An employee lose seniority for the following reasons only: The employee quits. The employee is discharged and the discharge is not reversed through the grievance procedure. If the is absent for five regular working clays without advising the Corporation’s Employment Department giving satisfactory reasons. If the employee fails to return to work within five regular working after so to do to the employee’s address on record with the Corporation unless the employee furnishes satisfactory for such failure. If the employee is not called upon to perform work for the Corporation for a period of twenty-four sixty consecutive or for a period equal to the employee’s seniority at the date when the employee last performed work for the Corporation, whichever shall be the greater. -- -- If the employee receives a permanent total disability benefit under a group life insurance policy held by the Corporation. such employee recovers either (24a) consecutive monthsthe permanent total disability benefit is discontinued the employee’s Permanent total disability benefit has been fully paid, or (b) for the employee’s seniority, including that which the employee would have acquired during the Period of disability, shall be restored. however, if the period of the workeremployee’s length was for a period longer than the seniority the employee had on the date the employee was approved for a permanent total disability benefit the employee shall upon the restoration of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not seniority as provided above be given for emergenciesseniority equal. to the amount of the seniority the employee had on the date such permanent total disability benefit was approved. However, determined on as to an employee who received such benefit prior to the date of this the seniority will to accumulate and, should the employer: recover, the employee’s total accumulated seniority will be credited. The employee or a case-by-case basis at pension under the sole discretion Pension Plan of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere . If the receives a pension for permanent total disability and recovers and the pension is discontinued, the employee’s seniority including that which the employee otherwise would have acquired during the period of a contractual leave of absence without disability, shall be restored, provided, however, if the express consent period of the Employer unless disability retirement was for a Period longer than the seniority the employee had on layoffthe date said pension for permanent total disability began, the employee shall, upon the: discontinuance of permanent total disability pension, be given seniority equal to the amount of seniority the employee had on the date such pension began. Accepting The employee a position with Separation Payment under the Employer Supplemental Unemployment Benefit Plan incorporated this Agreement in a non-bargaining unit category, such which event the seniority be broken at any and all and locations of the Corporation of the date the application for Payment was received by the Corporation. In the event an (employee loses seniority under as a supervisory or managerial role. A worker whose seniority is lost result of imprisonment for any up to one hundred and eighty in connection with an arising out of the reasons outlined above shall operation of a motor vehicle, the employee’s incarceration be considered as a new employee if proper ‘exception under the Employer again employs him or her. The failure of the Employer to rehire said worker after the governing loss of seniority shall not and the employee’s seniority be subject to reinstated and Job In the grievance event of an employee suffering a disability which would the employee from carrying out normal duties the Corporation and arbitration the Union may make the seniority job opportunity provisions of this AgreementAgreement in favour of such employee. When exceptions are made pursuant to this involving an employee that is by the Corporation and the Union to be an unusual placement problem, the may further agree that such employee may not be displaced under the and Recall of the applicable Plant Special Provisions or under Paragraph of the Special Provisions Pertaining to Windsor Area Plants, nor may such employee exercise any job opportunity claim to any other job unless agreed by the Corporation and the However, if in the event of a layoff the seniority of the employee placed under this Section does not entitle the to remain at work, the employee be laid off accordingly and the employee be called back according to seniority provided employee: has the ability to satisfactorily perform the work to be done.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority An employee shall be defined as the worker’s length of continuous service with the Employer acquire seniority rights after ninety (90) calendar days in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed consecutive twelve (12) weeksmonth period terminating during the life of this Agreement in which event the employee's seniority date will be a date ninety (90) days prior to the date on which the employee's seniority rights were acquired. A worker Notwithstanding the foregoing provision, employees hired as will not acquire seniority rights, nor acquire credit towards seniority rights except as provided in Section and Section of this Collective Agreement. An employee shall be a probationary employee until such employee has acquired seniority rights at which time the employee becomes a seniority employee. As used throughout this Agreement an "eligible employee" or "seniority employee" shall refer to a who has acquired seniority rights in accordance with the provisions of paragraph (47) of this Agreement and does not accrue seniority while on Layoff include vacation replacements or on an unpaid leave of absence which exceeds twelve weeksexcluded employees. A worker shall lose accumulated seniority and An employee's seniority shall be broken broken: if the employee quits; if the employee is discharged and not reinstated; if the employee is absent for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) working days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without properly notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at satisfactory reason is given; if the sole discretion of management and exercised in good faith; Unauthorized failure employee fails to report for work in accordance with a notice of recall by registered mail courier which is clear in intent and purpose or within five (5) working days after receipt of such notice, whichever is later, unless a satisfactory reason is given; if the employee fails to report for work at within five (5)working days after the expiration of any leave granted to the employee, unless a satisfactory reason is given; Subject to the provisions of Section and Appendix if the employee is laid off or is absent on a sick leave for a continuous period equal to the seniority such employee had acquired at the time of such layoff or absence pursuant to this Agreement; Taking employment elsewhere during or the period of a contractual leave of absence without one year, whichever is greater. The Local Committee Chairperson shall be informed by the express consent employer of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the anticipated loss of seniority by the employee one week in advance of the anticipated occurrence; if the employee retires or is retired under the terms of the Pension Plan. Should an employee's seniority be broken and should the employee thereafter be rehired, such employee shall not on such rehiring be subject a Probationary Employee. Up-to-date seniority lists shall be made available to the grievance and arbitration provisions of this Agreementeach Committee Chairperson on a periodic basis.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. Seniority shall be defined as is the worker’s principle of granting preference to employees in accordance with the length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionEmployer. Seniority shall not accrue during lay-off with the exception of cafeteria employees who will accrue seniority during the school shut down periods. New employees shall serve a probationary period of sixty days worked before acquiring seniority rights which shall then date back to probationary their respective date of starting to work the bargaining unit. Seniority accumulation for part-time and seasonal employees shall accumulate based on shifts worked. Nothing herein shall seasonal employees to seniority accumulated prior to November Probationary employees who are discharged during the probationary periodperiod shall not have recourse to the Grievance Procedure. HoweverIn the event of lay-off or recall from lay-off, at the successful completion of the probationary periodand subject to Article below, the worker’s employee with the greatest seniority will be the last to be laid off and, conversely, the first to be recalled from lay-off. For purposes of this article, a lay-off means a lay-off for more than five working days. New employees shall not be retroactive hired until those laid off have been given the opportunity of recall, provided that they are qualified to their first day do the work. For the purposes of work lay-offs and recalls the parties three distinct geographic areas and that the classifications covered by the Collective Agreement will be grouped into the following four classifications: . Custodian (Including Warehouse Staff . Maintenance and Labour . Bus Driver . Cafeteria * Employees in the bargaining unit positionWarehouse classifications may exercise their seniority to bump into their former classifications. An employee hired from outside may bump into the custodial classifications to avoid lay-off. A full-time employee about to be laid off and with sufficient seniority, and shall accrue during will have the option of accepting reduced hours in order to remain at his/her continuous specific. location, or may bump the junior full-time employee in the same classification and rate of pay in his/her area. If no employee has less seniority and the same rate of pay of the employee about to be laid off, may bump the most junior employee in the next lower paid job in his/her geographic area and within the same classification. Failing sufficient seniority to retain a position in his/her own geographic area, the employee may bump, as above, plant wide, or may choose to accept a lay-off. Part-time employees about to be laid off may exercise their seniority as above in the part-time positions. For purposes of this Article, a part-time employee is defined as an employee regularly employed to work for not more than twenty-four hours per week and a part-time position is one normally filled by a part-time employee. Seniority lists will be supplied to the Union and posted on the bulletin board in October of each year of this Agreement. Seniority, once established for an employee, shall be forfeited under the following conditions and the employee's employment with the Employer shall be deemed to be terminated: if voluntarily quits; if is discharged for any cause and not reinstated through the Grievance Procedure; if fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this agreement; if twenty-four months have elapsed from the day of lay- off; or if is absent from work for more than three working days without notifying the Employer. When recalling an employee after lay-off shall be notified by registered mail or telegram and allowed five working days to report for work and, in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled, but shall be temporarily employed until the senior employee reports within the bargaining unit five day period as outlined. An employee receiving a registered letter or telegram 'in accordance with this Article must contact the Personnel Department within forty-eight hours of receipt of the notice to return to work if wishes the Employer to hold the job open for him/her for the full five day period. It shall be the employee's responsibility to keep the Employer notified as to changes of address and their telephone numbers so that they will be up-to-date at all times. The Employer may contact the employee by telephone, or by contact, when notifying the employee to return to work. However, the time limits referred to above do not take effect until receipt of notification in writing. In the event an employee is suspended as a disciplinary measure, shall retain all seniority rights without interruption during the penalty. Those promoted to supervisory positions, or those positions not covered by this Agreement, will retain their seniority after promotion and, if transferred back into the bargaining unit, the time served in the supervisory position shall be-included in their seniority standing up to a maximum of six months. Seniority Any such employee returning to the bargaining unit shall accrue not displace any employee with greater seniority. Where the Employer is aware that a lay-off will take place, it will give five working days' notice of the lay-off to those persons affected and to the Union, unless the work assignment does not exceed five working days. The Union shall be informed in writing of employees recalled for five working days or less. The above notices of lay-off and recall shall not apply to cafeteria employees who have a known work schedule for the complete school year (September to June). The work schedule shall encompass the school year as provided in the Education Act as amended from time to time, less the days designated as Professional Development/Activity days, and the days designated as examination days where the employee's services may not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not required. The Employer will endeavour to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure give adequate notice to report employees required to work after a Layoffon Professional Development/Activity days, within three (3) and days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoffdesignated as examination days. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority Section As far as accumulation of seniority is concerned prior to the date of this Agreement, seniority shall be defined as presently recorded by the worker’s length Company. section New employees of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority plant shall not accrue to be considered as probationary employees during for the first ninety calendar days of their employment, except as provided in subsection below. The ninety calendar day probationary periodperiod shall be accumulative over twelve consecutive months. However, at the successful completion of After employees have finished the probationary period, the worker’s seniority they shall be retroactive to entered on the respective seniority lists of their first day of work in the bargaining unit position, respective classifications and shall accrue during his/her continuous employment with rank for seniority from the Employer within date ninety calendar days prior to the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO)date upon which seniority is attained, union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken by classification accordingly. There shall be no seniority among probationary employees. New employees of the plant hired as vacation replacements shall be considered as probationary employees for the first one hundred twenty days of their employment. They shall not accumulate time toward the of the probationary period unless and until their employment status is changed from that of a vacation replacement to that of a new employee under subsection If a new employee’s status is changed to permanent, the employee’s time worked will be used to establish the employee’s seniority as a regular employee, and the employee will not be required to serve a double probationary period. Section Seniority shall cease for any one of the following reasons: Voluntary quitIf the employee quits; DischargeIf the employee is discharged and such discharge is not reversed through the grievance procedure; Failure If the employee is absent for five regular working days without advising the supervisor concerned giving satisfactory reasons; If the employee fails to report return to work after a Layoff, within three (3) five regular working days after receipt of written notice of recall sent by the Employer notification to do so to the worker at his/her last employee’s address of on record on file with the Employer or ten (10) days after written notice Company unless the employee furnishes satisfactory reasons for such failure; If the employee is not called upon to perform work for the Company for a period of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) sixty consecutive months, or (b) a time equal to the employee% seniority, if greater; If the employee retires under the pension plan; If the employee accepts a separation payment under the Supplemental Unemployment Benefit Plan effective the date the payment is issued by the Company; If the employee received permanent and total disability benefit under a group life insurance policy held by the Company. The Company will accept as a satisfactory reason under Section and for the period absence up to one hundred and eighty days an employee’s conviction for an offence arising out of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration operation of a leave motor vehicle. Section A seniority list shall be maintained at all times by the Company and shall be made available to the Plant Chairperson for inspection to the extent reasonably necessary. Section The Company shall post revised seniority lists each three months and a copy of absence pursuant same shall be supplied to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent Plant Chairperson. An employee who transferred out of the Employer unless on layoff. Accepting bargaining unit or from a position with subsequently included in the Employer in a non-bargaining unit category, such at any time prior to December and who is thereafter transferred again to a position included in the bargaining unit shall return to the bargaining unit with a seniority date that represents the seniority the employee had accumulated as a supervisory or managerial role. A worker whose seniority is lost for any of December An employee transferred out of the reasons outlined bargaining unit after December and who is thereafter transferred again to a position included in the bargaining unit shall return to the bargaining unit with a seniority date that represents the seniority the employee had accumulated immediately prior to the employee% transfer out of the bargaining unit. An employee transferred to a position included in the bargaining unit as provided above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject transferred to the grievance shift on which the employee worked immediately prior to transfer from the unit and arbitration shall displace the junior employee on that shift. If the employee% seniority does not entitle the employee to displace the junior employee on that shift the employee shall, seniority permitting, displace the junior employee in the plant and shall enjoy seniority rights in respects according to the provisions of this Agreement. Section Notwithstanding their seniority status Plant Committeepersons shall in the event of a be retained returned to work when is available in the plant, provided they are able and willing to satisfactorily perform the work being done at the time.

Appears in 1 contract

Samples: Memorandum of Agreement

SENIORITY. Seniority shall be defined as the worker’s an employee's length of continuous full-time service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionrank. Seniority shall not accrue be retroactive to probationary employees during the probationary period. Howeverdate of appointment to a rank, at the upon successful completion of the applicable probationary period. If more than one appointment is made to a rank on the same day, the worker’s following shall apply:  If the appointments were made from an eligibility list, seniority shall be retroactive to their first day of work in the bargaining unit positionorder of the placement on the list.  If the appointments were not from an eligibility list, and seniority in the new rank shall accrue during his/her be in the same order as length of continuous employment with full-time service in the Employer within Department. For the bargaining unit covered by this Agreement. Seniority purpose of seniority, continuous service shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during reduced or broken by any paid leave of absence, or approved by unpaid leave of absence not up to exceed twelve thirty (1230) weekscalendar days, or for any call to military service for the duration of such service. A worker shall not accrue seniority while on Layoff or on In the case of an unpaid leave of absence more than thirty (30) calendar days, including but not limited to leave under the Family and Medical Leave Act, seniority shall not accrue but shall be bridged in the case of an approved leave of up to one year, excluding any call to military service for the duration of such service which exceeds twelve weeksshall count towards continuous service. In the event of a staff reduction due to the abolishment of positions within the police department, the employee(s) with the least seniority in the rank of the position(s) to abolished shall be the first to be laid off in such that rank. The displaced employee may elect to displace the least senior employee in the immediate subordinate rank. An employee whose seniority does not allow for displacement to a subordinate rank shall be laid off. In the event of the abolishment of the rank of police officer, the employee with the least seniority in the rank of police officer shall be the first to be laid off. For purposes of layoff, the rank of Police Officer shall include all premium pay positions An employee who is laid-off or is displaced in rank shall be placed on a recall list to the position from which laid-off or displaced. The employee shall be removed from the recall list if the employee‟s certification lapses or refuses an appointment from such list. Individuals on a recall list shall have preference for appointment over individuals on a police officer or promotional eligibility list. An employee on a lay-off list for the rank of police officer shall remain on such list for a two-year period form the date of layoff unless otherwise removed as provided above. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layofflaid-off employee shall, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address their option, be appointed as a Town of record Greenwich special police officer so as to maintain his/hertheir certification. Dated: Greenwich, Connecticut SILVER SHIELD ASSOCIATION, INC. By: _ Sgt. Xxxxx Xxxxxx Xxxxx Xxxxxx, President By: _ Sgt. Xxxxx Xxxxxxx, Vice President TOWN OF GREENWICH By: _ By: _ Xxxxx Xxxxx, First Selectman Xxxxxx X. Xxxx, Director of Labor Relations APPENDIX I ANNUAL WAGE RATES Effective July 1, 20104, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $55,663 $59,156 $62,666 $66,169 $69,973 $61,442 $65,297 $69,172 $73,038 $77,237 $56,536 $60,031 $63,540 $67,117 $62,405 $66,263 $70,136 $74,085 $57,409 $60,913 $64,420 $68,073 $63369 $67,237 $71,108 $75,140 $58,284 $61,790 $65,292 $69,020 $64,335 $68,205 $72,070 $76,185 Marine $72,100 Traffic Enforcement $79,585 Accident Car Personnel $73,165 Dispatcher $80,760 Technician $74,231 Detective $81,937 CIO SRO Master Police Officer Detective First Grade $85,304 Sergeant $80,332 $88,671 Lieutenant $92,247 $101,823 Effective July 1, 20104, each Police Officer who is not at maximum and is eligible for step advancement based on file his/herthat employee‟s service with the Employer or ten (10) days after written notice of recall Police Department shall be advanced one step on the above wage schedule. APPENDIX I ANNUAL WAGE RATES Effective July 1, 20115, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $57,055 $60,635 $64,234 $67,823 $71,722 $62,978 $66,930 $70,901 $74,864 $79,168 $57,949 $61,532 $65,129 $68,795 $63,965 $67,920 $71,890 $75,937 $58,844 $62,436 $66,031 $69,775 $64,953 $68,917 $72,885 $77,018 $59,741 $63,335 $66,924 $70,746 $65,943 $69,910 $73,872 $78,090 Marine $73,903 Traffic Enforcement $81,575 Accident Car Personnel $74,994 Dispatcher $82,779 Technician $76,087 Detective $83,986 CIO SRO Master Police Officer Detective First Grade $87,437 Sergeant $82,340 $90,888 Lieutenant $94,553 $104,369 Effective July 1, 20115, each Police Officer who is sent to the address not at maximum and is eligible for step advancement based on his/her that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position employee‟s service with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above Police Department shall be considered advanced one step on the above wage schedule. APPENDIX I ANNUAL WAGE RATES Effective July 1, 20126, the annual wage rates shall be as a new employee if follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $58,481 $62,151 $65,838 $69,519 $73,515 $64,552 $68,603 $72,673 $76,736 $81,147 $59,398 $63,070 $66,757 $70,515 $65,564 $69,618 $73,687 $77,835 $60,315 $63,997 $67,681 $71,519 $66,577 $70,640 $74,707 $78,944 $61,235 $64,918 $68,597 $72,514 $67,592 $71,657 $75,719 $80,042 Marine $75,750 Traffic Enforcement $83,614 Accident Car Personnel $76,869 Dispatcher $84,849 Technician $77,989 Detective $86,085 CIO SRO Master Police Officer Detective First Class $89,623 Sergeant $84,399 $93,160 Lieutenant $96,917 $106,978 Effective July 1, 20126, each Police Officer who is not at maximum and is eligible for step advancement based on his/herthat employee‟s service with the Employer again employs him or herPolice Department shall be advanced one step on the above wage schedule. The failure of APPENDIX I ANNUAL WAGE RATES Effective July 1, 2013, the Employer to rehire said worker after annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $59,943 $63,705 $67,484 $71,257 $75,353 $60,883 $64,647 $68,426 $72,278 $61,823 $65,597 $69,373 $73,307 $62,765 $66,541 $70,312 $74,327 Marine Traffic Enforcement $77,644 Accident Car Personnel Dispatcher $78,791 Technician Detective CIO SRO Master Police Officer $79,939 Sergeant $86,509 Lieutenant $99,340 Effective July 1, 2013, each Police Officer who is not at maximum and is eligible for step advancement based on his/her that employee‟s service with the loss of seniority Police Department shall not be subject to advanced one step on the grievance and arbitration provisions of this Agreementabove wage schedule.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Employees shall acquire seniority rights based on the length of service while in the bargaining unit. Regular employees shall not acquire seniority rights during a probationary period of thirty worked days of accumulated service, unless a longer period is mutually agreed upon by the Union and the Company and such agreement will not be unreasonably withheld. This shall be called the probationary period and shall apply to newly hired employees. However, if an employee is continued in employment after such period, seniority commence from the commencement of such continuous employment. In transfers to better paid jobs, demotions, shall be the governing provided the senior employee qualification to perform the work Seniority shall be defined as the worker’s length of continuous service exercised on an overall basis with the Employer Company’s warehouse and divisional departments. All probationary employees and part-time employees be laid off prior to the lay off of a full time employee. In the event of the closing of a Department, the Company will notify the Union of such closing sixty days prior to such closing taking place. The employee affected in the Department will be trained for other positions in the bargaining unit commencing with the date unit, based on his or her ability, qualifications and hour on which the worker first began work in a bargaining unit positionseniority. Seniority shall Employees so affected will be paid not accrue to probationary employees during the probationary period. However, less than their rate at the successful completion time of the probationary periodchange, for the worker’s seniority shall be retroactive to their first day duration of work the Agreement. In the event the Company introduces technological change or in the event of a shift or department closure on a permanent basis but ‘without any resulting lay off out of the bargaining unit positionconcerned, the employee(s) in that job classification and/or shift with the least seniority who are affected be deemed to be redundant and they shall accrue during be notified in writing by the Company of such redundancy. Notice in writing to be days prior to such redundancy. Any employee(s) who is declared redundant under this provision shall have the right to exercise their seniority to displace the most junior employee within any shift and any classification of his/her continuous employment choice provided the employee has seniority and the qualifications and ability to do the job. Any junior employee(s) who is displaced his job under this provision by a more senior employee(s) shall similarly be entitled to exercise his seniority in accordance with of this provision, if further displacement of employee(s) result. The last displaced employee(s) would have the opportunity to remain on the shift from which was displaced, providing there is an operational In the event there is no operational requirement, the Union and the Company will meet to discuss the placement of this/these employee(s). An employee(s) who is displaced in accordance with the Employer within above provisions shall be eligible for a period of months from the bargaining unit covered by date of his displacement for recall to that classification from which he was displaced. In the event a permanent or indefinite staffing adjustment is required for circumstances other than those outlined in paragraph “A” of this Agreementprovision, the Company and the Union will meet to discuss the required adjustments. Should the Union disagree with the Company’s position, the subject may become a matter for grievance and arbitration Seniority records will be made available to the Secretary-Treasurer of the Union on a quarter annual basis. The Company agrees to forward to the Union Office listings of all starts and lefts on .a monthly basis for the preceding month. . The seniority rights of an employee shall accrue be terminated and not the employee shall be lost during the Company if the employee: leaves the employ of the Company; is discharged for cause; is absent form work for more than three working days without reasonable cause and without having obtained a worker’s paid time off (PTO), union leave and during any paid prior leave of absence; is from work for more three working days because of sickness or disability without having notified the Company, unless his failure to notify the Company is for reasonable cause; absent form work because of sickness or approved unpaid leave disability for more than three working days and fails without reasonable cause upon his return to work to produce a certificate from a duly qualified medical practitioner verifying such absence from work due to sickness or disability, when so requested by the appropriate Distribution Manager and/or Industrial Relations Manager. Such certificate showing satisfactory cause of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken as sufficient reason for any of the following reasons: Voluntary quitabsence; Discharge; Failure fails to report return to work after a Layoff, lay-off within three (3) seven days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length delivery by registered mail of service, whichever is lessNotice of Recall; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report return to work at upon the expiration conclusion of a leave of absence pursuant without reasonable cause; fails to this Agreement; Taking employment elsewhere during the period of take medical examination by a contractual leave of absence without the express consent duly qualified medical practitioner when asked to do so by one of the Employer unless on layoffWarehouse Managers, as follows; Xxxx Xxxxx, Xxxx Xxxxx or Xxxx Xxxxxxx or their incumbent equivalents. Accepting a position with the Employer in a non-bargaining unit categoryis not recalled to work when laid off due to lack of work, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above his name shall be considered as retained on the seniority lists for a new minimum of six months up to a period equal to his seniority date of lay-off, up to a maximum of eighteen months. If an employee if the Employer again employs him is absent from work of sickness or her. The failure of the Employer to rehire said worker after the loss of seniority disability, he shall not be subject to the grievance lose seniority rights except as provided in paragraphs and arbitration provisions of this Agreement. When such an employee returns to work, he shall be returned to the position that he held prior to his absence, provided that he possesses the ability and physical to perform the requirements of the job. It is understood that in these circumstances such an employee, who returns to a posted position, shall displace the most recently appointed employee to the classification in question. The Company agrees that it the accumulation of the seniority of an employee who is absent work due to sickness, accident or compensation upon his to work Employees who are promoted to positions not covered by this Agreement shall retain their seniority after promotion for a period of six months. If demoted or transferred to a position within the bargaining unit within this six month period, the time served outside the bargaining unit shall be included in his seniority. If such employee requests to return to the bargaining unit, the six month period, he shall be permitted to do so. Employees demoted because of Department closures or because of the return of persons outside the bargaining unit to the bargaining unit as permitted in paragraph of this Agreement, shall retain their former rate for a period of eight weeks. Persons outside the bargaining unit returning to the bargaining unit as permitted by paragraph of this Agreement shall return to a position no higher than their former position in the bargaining In the event of a lay-off, employees shall receive Notice of Lay-off or pay in lieu of notice as set out in the current EMPLOYMENT STANDARDS ACT, as follows: Full-time employees with up to two but less than five years of will receive one week’s notice or one week’s pay in lieu Full-time employees with more than two but less than years of will receive two week’s notice or two weeks’ pay in lieu . Full-time employees with more than five but less than ten years of service will four weeks’ four weeks’ in lieu Full-time employees with more than ten but less than twenty years of service will receive eight weeks’ notice or eight weeks’ pay in lieu employees with more than twenty of service will receive ten weeks’ notice or ten in lieu thereof; Sub-paragraphs (a) and herein shall be implemented in lieu of the provisions contained in the Current EMPLOYMENT STANDARDS ACT, for employees who have less than three months or more than twenty years’ full-time continuous employment with the Company, respectively. I The Company has agreed to a severance pay provision as follows: Regular full-time employees with three or more years of continuous service, if terminated for reasons other than cause, will be provided with a severance allowance of one maximum of five Thousand This provision is in addition to any entitlement of and the Employment Standards Act. An employee who the Company of his intention to terminate his employment be permitted to work for one week subsequent to such notice, provided his work continua to be satisfactory, or the Company may choose to pay the employee a week’s pay subsequent to the notice and terminate his employment. Full time employees who are laid off or voluntarily terminate from the time payroll, shall if they so desire, be placed on the part-time payroll and be credited with their accumulated full and if applicable part-time seniority with the Company and shall be placed on the part-time wage scale in accordance with that seniority. (In the event an employee is in receipt of Company pension benefits and reverts to part-time, the employee w. ill not be eligible for to the pension plan).

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. (a) The purpose of seniority is to provide a policy governing work preference, lay-offs and recalls. In the event of a reduction of the working forces, the Company shall apply the principle of "Last on First off'' insofar as it is consistent with management's obligations to maintain an efficient working force. Following a layoff, rehiring shall be executed conversely to the outlined layoff procedure. Should an employee be laid off and is not recalled he shall maintain his seniority for a period of two years (2) from the date of layoff. Seniority shall be defined as terminal wide and include all persons working at the worker’s length terminal and on the terminal payroll. It is further agreed that the maintenance department's seniority shall be separate and not interchangeable with any other department within the Terminal. In all layoffs the Company shall consider (a) seniority of continuous service with the Employer employee; merit, training, skill and efficiency of employee, and where the qualifications expressed in are relatively equal, the bargaining unit commencing with employee's seniority shall be the date determining factor. In the event of a layoff, before laying off employees out of seniority order (after acquired) the Company will notify the Union. The Seniority lists for the Maintenance, City and hour Highway departments shall be prepared and posted separately, every three (3) months. Employees shall be considered probationary until placed on the seniority list. Such employees shall work under the provisions of this Agreement and shall be employed on a probationary basis for sixty (60) working days, during which period he may be terminated or disciplined without recourse to the worker first began work in a bargaining unit positiongrievance procedure. Seniority shall The Company may not accrue to probationary employees during terminate such an employee for the purpose of forcing an additional probationary period. However, at the successful Upon completion of the sixtieth working day, the employee shall either be terminated or placed on the regular seniority list as of the date of the commencement of his probationary period, the worker’s . Employees promoted to Supervisory positions or positions not subject to this Agreement will retain their seniority shall be retroactive to their first day after promotion for a period of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksmonths only. A worker shall not accrue seniority while on Layoff If demoted for any reasons or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority if they voluntarily request reinstatement to their former position, the time spent in the supervisory position shall be broken included in their seniority rating. Such employee shall forfeit any and all recourse to the grievance procedure as outlined in this Agreement should subsequently be discharged in such a position beyond the jurisdiction of this Agreement. This Article is to be applied only once for any employee during the term of this Agreement. An employee's employment shall be terminated for any of the following reasons: Voluntary quitIf an employee voluntarily quits; DischargeIf an employee is discharged and is not reinstated pursuant to the Grievance Procedure as provided in this Agreement; Failure If an employee has been laid off and not employed elsewhere and has refused to return to work within (24) hours after being contacted personally. When the employee cannot be contacted or is employed elsewhere, then the Company will notify the employee by registered mail to his last known address to return to work and he will be allowed no more than seven (7) consecutive days from the date of notification to report to for duty; If he takes employment other than that declared and agreed upon when applying for a leave of absence; If an employee is absent from work after without securing a Layoff, within leave of absence for more than three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall consecutive working days; If an employee is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) laid off and not recalled for the a period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.extending beyond

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority for regular full-time employees shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with determined by the date and hour on which the worker first began work in a bargaining unit positionsuch employees become regular full-time employees. Seniority shall not accrue Promotions to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer higher classifications within the bargaining unit covered by this Agreementshall be made in accord with seniority, provided that the employees consi- dered for promotion must possess the qualifications and ability necessary for the higher classification. Seniority The EMPLOYER shall accrue deter- mine the qualifications and ability of employees considered for pro- motion, provided such determination shall not be lost during a worker’s paid time off (PTO), union leave unreasonable and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance procedure. Any employee who has been promoted to a higher classification with the bargaining unit and arbitration provisions after a reasonable trial period does not meet the EMPLOYER's require- ments for the higher position shall be restored to his former posi- tion and shall retain his seniority. Any employee who has been promoted to a higher classification outside the bargaining unit and after a reasonable trial period not to exceed six months, does not meet the EMPLOYER's requirements for the new position, or the employee wishes to to his former position, he shall be restored to his former position and shall retain his senio- rity therein. The foregoing shall be applied only once to any indi- vidual employee during the term of this Agreement.agreement. Demotions or layoffs within the bargaining unit shall be made in accord with seniority; provided, the employees considered for such change in status possess the ability and qualifications neces- sary to perform the work of the EMPLOYER. The EMPLOYER shall the ability and qualifications of employees considered for such changes in status, provided such determination shall not be unreason- able, and shall be subject to the grievance procedure. Whenever the guaranteed number of hours of work per week shall be regularly available to a single part-time employee, in excess of the regularly scheduled work then guaranteed to regular full-time employees and exclusive of relief work performed for employees who are absent or on vacation, emergency and special Sunday, holiday and night work, then another employee will be added to the list of regular full-time employees. In the event the work requirements of the EMPLOYER shall be reduced due to loss of business or curtailment of the EMPLOYER's operation, to the point that the guaranteed number of hours of work per week shall not be regularly available to all of the regular full-time employees, the EMPLOYER shall have the right to reduce junior regular full-time employees to part-time status. Regular full-time employees who may be demoted to the status of time employees, shall hold top seniority among the part-time employees, shall have first call to assignments with greater earning opportunities and shall be first in line for promotion to regular full-time status. An employee shall lose seniority in any of the following events:

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority A single seniority list shall be defined as maintained for all inside Workers. Where an employee is the worker’s successful applicant to a permanent vacancy in another of the Collective Agreement, that employee shall transfer full seniority and service into that Note: An applicant for a job vacancy that currently holds a job on the same and meets the conditions of Articles A6 and will have priority to fill the vacancy over applicants who hold jobs in other Seniority for permanent employees shall mean length of continuous service with the Employer in the bargaining unit commencing with from the original date of hire. For time spent as a part-time employee, seniority shall be calculated on a pro-rata day to day basis from their original date of hire and hour on which contingent upon continuous service in the worker first began work bargaining unit. A break in continuous service due to a bargaining unit position. Seniority layoff of less than one (1) year in duration, maternity leave, and authorized leave of absence shall not accrue be construed as a break in continuous service for seniority purposes. Permanent appointments shall be subject to probationary employees during the a six (6) month probationary period. HoweverA performance evaluation report shall be made before the end of the six (6) month probationary period. On the basis of this report, a decision shall be made and the employee notified that permanent appointment has been confirmed; appointment is not confirmed and employment is terminated; time spent under temporary appointment shall be credited to the probationary period upon successful qualification for the position presently being held. In the case of the employee shall be notified of the reason. Notwithstanding the above provisions of this article when a probationary period is interrupted by illness, injury or for any other reason for a period of time exceeding one week altogether the probationary period shall be extended by an equivalent amount of time that exceeds one (1) week. Where the employer finds it necessary to reduce jobs within a classification, or to reduce the complement of employees, employees within the affected classification shall be given notice of layoff in reverse order of their seniority. Permanent employees who are to be laid off or are laid off, shall be eligible for employment in other departments at the successful completion prevailingjob rate of the probationary period, the worker’s seniority pay dependent upon a willingness to assume such other work and based on a maximum two (2) refusal limit. Time employed in this regard shall be retroactive count as service. The Corporation agrees that if an employee is placed in another department as a result of a layoff they shall have first preference to return to their first day former department position upon the need of work employment. Employees who receive notice of layoff may, prior to the effective date of layoff, either accept the layoff or bump another employee in the bargaining unit positionwho has lesser seniority, on condition that the employee is willing and shall accrue during his/her continuous employment with qualified to perform the Employer within available work at the bargaining unit covered by this Agreementapplicable job rate. Seniority rights for bumping purposes shall accrue and not be lost during exercised in a worker’s paid time off (PTO), union leave and during any paid leave lateral or downward manner. Employees shall be recalled to work in order of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated their seniority and before new employees are hired, provided they are willing and reasonably qualified to perform the available work at the applicablejob rate. Employees may be temporarily promoted to another City position outside of their seniority shall be broken group for any periods of the following reasons: Voluntary quit; Discharge; Failure up to report two (2) years and seventeen (17) weeks subject to work after a Layoff, within three (3) days after receipt loss of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementtime involved.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. a) There shall be five (5) separate seniority lists as follows: Armoured Car; Money Room; Coin Centre; Xxxxxxx. Seniority for full-time employees shall be determined by the date on which such employees become full-time employees. Seniority for extra employees shall be determined by the date on which such employees are placed on the full time and extra armoured division list. Seniority for part time employees shall be determined by their hire date, the date on which such employees commenced part time employment with Brink's (i.e. employees first active day on the employers payroll, first active date employee punched time card and time of start as a part time employee). Seniority shall be defined as the worker’s length of continuous service with the Employer recognized for employees and shall prevail in the bargaining unit commencing following respects: In the selection of vacation; In the layoff and re-hiring of employees; provided the xxxxxxx shall be deemed senior employee with respect to layoff; In cases of promotions, provided the date ability and hour qualifications of employees considered for promotion are relatively equal. Any employee who has been promoted to a higher classification shall his overall seniority into said classification. In the event an employee, having had a reasonable trial period, does not meet the Employer's requirements for the new position, that employee shall be restored to his former position and retain his seniority. Extra employees shall be given preference, by seniority, to all work assignments in excess of work guaranteed to full-time employees up to a maximum of forty (40) hours per week. Extra employees shall enjoy seniority over part-time employees. Work assignments for part time employees will be scheduled from a part time availability list according to seniority provided employees are qualified to perform the work required. Part time employees will be required to make themselves available for a minimum of five (5) shifts per month, should those shifts work be available. Part time employees will be required to make themselves available a minimum of two (2) weekends per month (weekend being Saturday and Sunday). These shifts shall count towards the above noted minimum. Part time employees will be required to submit the days they are available on which the worker first began work in posted schedule for a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary two (2) week period. HoweverWhen this two (2)week schedule is made up the shifts hours submitted, at part time employees will be required to be available for the successful completion of scheduled shift. Employees will be required to perform all duties in the probationary period, classifications. The Employer will post the worker’s seniority part time availability list. Full-time and extra employees who shall be retroactive to their first day of work in the bargaining unit position, and laid off shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated retain seniority and seniority recall rights for a maximum period of one (Iy)ear. Recall shall be broken for any of by registered letter to the following reasons: Voluntary quit; Discharge; Failure to employee's last known address. Employees must report to work after a Layoff, within three seven (37) days after receipt delivery of written notice such letter. Employees who fail to report within seven (7) days shall lose seniority and recall rights. Whenever hours of recall sent by the Employer work per week equal to the worker at his/her last address weekly guarantee of record hours provided for full-time employees, as provided for under Article above, shall be regularly available on file with the Employer or ten (10) days after written notice of recall is sent Employer's armoured cars to the address that was last provided by the worker; Layoff which either extends (a) part-time employees in excess of twentythe regularly scheduled work then guaranteed to full-four (24) consecutive monthstime employees, or (b) and exclusive on call of relief for employees absent, on vacation, emergency relief, Sunday, holiday and Special Night Work, an additional employee shall be added to the period list of full-time employees. Such vacancy shall be filled by the promotion of the worker’s length of service, whichever is less; Absence from work without notifying most senior extra employee to full-time status. In the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit categoryevent there are no extra employees, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above vacancy shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementfilled from normal employment sources.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority During the first ninety (90) calendar days of employment with the Employer, an employee shall be defined as considered a probationary employee and, on qualifying his seniority will date back to the worker’s length time of continuous service with hiring. During his probationary period an employee shall be subject to all provisions of this Agreement, save and except the Employer grievance procedure in the bargaining unit commencing with the date and hour event of his discharge. Failing to be on which the worker first began his position or failing to be at work in for a bargaining unit position. Seniority shall not accrue period of time due to probationary employees during illness, injury or on modified duties, the probationary period. However, at the successful completion period of the probationary period, employee is then automatically prolonged for an equal period of time. In the worker’s seniority shall be retroactive to their event that the first day ninety (90) calendar days of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer are interrupted by a lay-off, the employee, if rehired within a period equal to his former service with the bargaining unit covered Employer, shall receive credit for the number of calendar days previously employed by this Agreementthe Employer. * In lay-offs of employees from the Plants, seniority shall be the governing factor so long as it does not prevent the Employer from maintaining an adequate work force of employees who are qualified to perform the work to be done. Where the ability of two or more employees is relatively equal, seniority shall be the deciding factor. * In the case of seasonal lay-off, all men affected will receive an hour's advance notice during which he will be permitted to clear his belongings. When a man quits a job he shall give the Employer at least one hour's notice. Permanent lay-offs shall be in accordance with the provisions of the Employment Standards Act. Seniority shall accrue and not be lost during a worker’s paid time apply as follows in calling back employees who are on lay-off: * Last employee laid-off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken the first employee to be called back by his classification. If the Employer needs an employee for any of a certain classification, and there is no senior employee with such classification, then the Employer may call back the most senior employee who is qualified to perform the work. An employee will lose seniority rights and employment with the company for the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority An employee, other than a student hired for the vacation period, shall be defined as the worker’s length of continuous service with the Employer acquire seniority status after being in the bargaining unit commencing with employ of the date Company for a probationary period of one hundred and hour on which the worker first began work in a bargaining unit positioneighty consecutive days. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work govern in the bargaining unit position, and shall accrue during case of a lay- off which the Company expects to remain in effect for more than seven days provided employees are sufficiently quali- fied. No individual employee will be laid off for more than a total of days in a year without applying his/her continuous employment with seniority rights, notwithstanding the Employer Company’s ability to implement the seven day lay-off without applying said employee’s seniori- ty. Sufficiently qualified shall be deemed to mean that the employee is qualified to per- form the normal duties of his/her job clas- sification. For equally qualified employees seniority shall govern in the case of a transfer or promotion to a classification within the bargaining unit covered by this Agreementunit, which the Company expects to remain in effect for more than thirty days. Seniority shall accrue and It is understood that where employees are not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority equally qualified prefer- ence shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer given to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere best qualified. Qualifications acquired during the period of a contractual transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjustment. Where the temporary adjustments plated above occur and subsequently become permanent or exceed the time limits, the provisions of this clause shall apply immediately but such shall be without retroactive effects, Copies of the Job Posting and Lay-Off Procedure are available to the Union and will show the established lines of progres- sion and retrogression. The Company agrees not to revise the Procedure during the term of the agreement. However, any addition to the Procedure shall not be deemed to be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee’s seniority and subject to the first paragraph of this clause, to the lowest classification of any job progression, other than the Manufacturing Serviceman job progres- sion, (and such assignment may be to that classification occupied by the employee with the least seniority of all the employ- ees in the bottom classifications of the lines of progression) or, if there is no such classification available to the employee, the employee will be assigned to one of the following classifications, in the follow- ing order based on said employee’s seniority; Manufacturing Serviceman, Serviceman, Labourer-Janitor and Seniority shall govern in the case of a lay- off from the classification of Manufacturing Serviceman, Serviceman, Labourer-Janitor and For the purposes of this agreement an employee shall be credited with seniority for the total period of employment with the Company or its predecessor in any capaci- ty at any location. Seniority so acquired shall be lost on termination of employ- ment. However, accumulated seniority shall be restored upon employment if such termination was due to lay-off, or the expiration of leave of absence without for illness or accident, provided the express consent lapse of time between the Employer unless on layoffdate of termination for such and the date of not exceed twelve months. Accepting a position When employment offers are made, for- mer employees whose employment with the Employer in a nonCompany was terminated during the preceding twelve months due to lay-bargaining unit category, such as a supervisory off and who are qualified for the job or managerial role. A worker whose seniority is lost for any of the reasons outlined above jobs available shall be considered as a new employee if offered employment on the Employer again employs him or herbasis of seniority accumulated prior to termination. The failure Company shall be under no obligation to such a former employee unless said person has filed a current address and telephone number with the Company for this purpose, can be reached when the opportunity for employ- ment arises and is available for work when In the event that a former employee fails to accept the Company may consider that said person no longer wishes to be The Company agrees to post seniority lists showing the seniority status of the Employer each employee and to rehire said worker after the loss furnish a copy of seniority shall not be subject such lists to the grievance Union. The Company agrees to alter the seniority lists at least every four months and arbitration provisions to cor- rect any errors therein whenever proof of this Agreementerror is submitted by the Union or any employee. No change shall be made in the seniority status of an employee with- out consultation with the Union.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority as referred to in this Agreement shall be defined as the worker’s mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. It shall have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list including separate seniority ranking number shall be posted in the main hallway by the Human Resources Manager. Employeeswill have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. If an employee is hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, such service will be recognized for the purposes of wage and benefit administration and entitlement. In the event that an employee elects to bump into the bargaining unit pursuant to Article from other Distribution Centre buildings, previous service earned at that DistributionCentre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood that all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement shall receive full recognition for any service which may have been earned at the Employer's City View Distribution Centre for all purposes under this ColI ment An employee shall be considered on probation and shall have no seniority until he has worked sixty (60) consecutive working days in the bargaining unit. Upon completing such period the employee will be placed on the seniority list as of his last date of hire. An employee on probation shall hold no seniority and the employer shall have the right to discharge, demote, suspend, reprimand, lay off or otherwise discipline a probationary employee providing they act in good faith and in a non-arbitrary manner. When filling permanent vacancies and on lay the skills, ability, dependability and qualifications of employees together with the results of any tests deemed by the Employer to be relevant shall be given consideration. If there is any choice to be made between two employees who are otherwise relatively the employee having the greater seniority shall receive the preference. In all instances, regular full time (Material Handlers and Maintenance) will be given first preference by seniority and then material processors. The Company may consider personal leaves prior to any lay-off. Recalls from lay off will be conducted by seniority if the employee is capable of doing the job. Regardless of seniority, the Chief Xxxxxxx will be the last employee laid off and the first to be recalled. When the work force is reduced, employees will be laid off in the following order: material processor and material handler. Permanent vacancies are defined as vacancies that are expected to or do last in excess of ninety (90) days, except where relieving for sickness, accident, vacation, leave of absence and leave, or for temporary assignments outside the bargaining unit. Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit commencing with occurs, subject to the date and hour on which the worker first began work criteria set out in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority article To facilitate such applications any such vacancy shall be retroactive to their first day posted for a period of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days full clear working days. There will be a maximum of three (3) for a vacancy the original posting to fill the vacancy and the two subsequent for the vacancies created. Any further vacancy that occurs after receipt of written notice of recall sent the second subsequent posting may be filled by the Employer without posting. Should the successful applicant to a posting be unsatisfactory, he shall be returned to his former job and the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence vacancy may be filled from work other applicants if any are qualified without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial rolefurther posting. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new newly hired employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority an employee who has successfully bid under this article shall not be entitled to bid for a subsequent posted job for six (6) months from the date of his employment or date of his successful bid except with the Employer's permission. If an employee is going on vacation he will give notice in writing to the Company that he will be considered a candidate for any job posting that may be posted during this time. A copy of the notice will be given to the chief xxxxxxx. The employer may lay off employees for a period not exceeding one (I) working day, by shift, by reverse seniority. In the event the Employer reduces or eliminates a department or shift for more than ninety (90) calendar days the employees affected shall be the most junior in the department and may exercise their seniority in another department within any Distribution Centre building in or Metropolitan Toronto as per article and Such employees affected for less than ninety (90) days shall exercise their seniority within available vacancies at the time of redundancy. BUMPING PROCEDURE Any employee having completed his probationary period, whose position is eliminated, or who is laid-off from his position may exercise his bumping rights within his classification wherever his seniority permits, subject to the grievance criteria set out in paragraph Article and arbitration provisions of this Agreement.according to the following procedure:

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority The Company and the Union agree that seniority shall prevail on a plant-wide basis. A seniority list shall be defined posted every six (6) months. The Union shall be with a copy of such seniority lists. New employees shall be regarded as the worker’s length of continuous service probationary employees and establish seniority after forty-five (45) days at work with the Employer Company, after which they shall be placed upon the seniority list as of the original date of the hiring. Notwithstanding this, if an employee completes forty-five (45) days worked in any twelve consecutive months will acquire seniority which will date back forty-five (45) working days from the date established seniority. The six months increase will be, six months from the established seniority date. Note, this does not apply to students. A master seniority record will be kept by the Company and the Plant Committee may have access to this record at any reasonable time during office hours. The Company shall revised seniority lists as required, but no more often than once in three (3) months. In the case of promotions, demotions, transfers, layoffs, and recalls, they shall be made in accordance with the seniority standing of employees, provided the senior employees are qualified, capable and available to perform the work required by the Company. Any employee presently in, or who has been in what is now the bargaining unit and transfers to a supervisory position or any position outside the bargaining unit directly connected with the operation of the plant and who has had at least sixty (60) days service in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. Howeverunit, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in or what is now the bargaining unit positionunit, and shall accrue during his/her continuous employment with the Employer returns or is transferred to a job within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority upon reinstatement he shall be broken offered any vacancy which might exist for any of which he is qualified and for which his seniority would entitle him, failing that he may displace the following reasons: Voluntary quit; Discharge; Failure least senior person in the plant whose work he is qualified to report to work after perform and provided his regained seniority is greater. No credit for seniority will be granted for time spent in such supervisory or other position. Any employee who suffers a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file serious injury or impairment from employment with the Employer or ten (10) days after written notice Company resulting in major disability, and is unable to continue working at previous position is eligible, but with no guarantee, for placement in a suitable position for which is then qualified capable of recall is sent to performing in accordance with seniority. Placement of such an employee shall be with the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express mutual consent of the Employer unless on layoffCompany and the Union. Accepting a position with the Employer Once so placed, seniority rating of other employees in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any respect of the reasons outlined above said position shall be considered as a new employee if waived in favour of any such disabled employee. Any vacancies, other than temporary vacancies, shall be posted and shall be awarded on the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss basis of seniority shall not be subject provided the senior employee is qualified, capable and available to perform the grievance and arbitration provisions of this Agreement.required work. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the worker’s length of continuous service with within the Employer in District as a member of the bargaining unit commencing with unit. Accumulation of seniority shall begin on the employee’s first working day. In the event two or more persons have the same starting date and hour of work, positions on which the worker first began work in a bargaining unit positionseniority list shall be determined by lottery. Seniority for employees hired after July 1, 2000, having the same starting date shall not accrue be determined by lottery within thirty (30) days of hire date. Seniority placement for those affected will be permanent. Those affected employees and a GSSSA representative will be invited to be present when lottery determination occurs. New employees shall be considered probationary employees during the until they have completed a probationary periodperiod of thirty (30) workdays. However, at the successful Upon satisfactory completion of the probationary period, the worker’s seniority shall be retroactive to their the first day of work. For the purpose of this provision, all employees shall be placed in one of the following classifications based on their current assignments: Bus mechanic Assistants Xxxx Nurse Courier Custodial/Maintenance Personnel Secretary Clerical Mechanic Helper Paraprofessional* Interventionist *Paraprofessionals will be defined as Certified School Readiness, Certified Title I, Certified Interpreter (language, signing), Licensed Building Trades, Certified One/One Nurse, RTC Coordinator, and In School Suspension Coordinator. The employer will develop Job descriptions for each classification with the Association being given the opportunity for input. The Board shall prepare, maintain and post the seniority list. The seniority list shall be prepared and posted conspicuously in all buildings of the District within thirty (30) days after the effective date of this Agreement with revisions and updates. The list shall be updated monthly thereafter and a copy provided to the Association Treasurer and President. State and Federal programs and statutes shall be observed where applicable for specially funded programs. Except where prohibited, all employees shall receive seniority rights as provided in this Agreement. Any employee who has been incapacitated at his regular work by injury or compensable occupational disease while employed by the Board, or injured in a work or non-work related accident may return to a light duty assignment or other work in any classification that is operated by the bargaining unit positionBoard provided such assignment or work is available. Said assignment shall be at the employee’s regular rate of pay. Seniority shall be lost by an employee: Upon termination, and shall accrue during his/her continuous employment with resignation, or retirement; Discharge permanently for proper cause after receiving due process; Absent for three (3) consecutive days without notifying the Employer within immediate supervisor, unless satisfactory reason is provided; Seniority will be frozen as of the bargaining unit date an employee transfers to a classification not covered by this Agreement until he returns to a classification covered by this Agreement. After three consecutive years of being laid-off. Seniority shall be frozen and shall not accrue and not be lost during when a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved person is on unpaid leave of absence not longer than thirty consecutive (30) workdays. Bargaining unit members using donated days to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an replace unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementwill still constitute unpaid leave.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority A seniority date be established for each employee upon successfulcompletion of the probationaryperiod as definedin clause such date to be coincident with date of of service the Corporation. For the purposes of promotion under Article seniority shall prevail on an employer- basis and in the case of staff reduction shall prevail only within the position and classification in the Department involved. In the event of a staff reduction, any employee so affected with at least two (2) years of "Permanent Service" shall be defined as given preference for a suitable equal or lower paid vacant position for which the worker’s length of continuous service employee is qualified. The employee, after consultation with the Employer Union, shall be treated in a similar manner to an employee to whom applies. In the event of a staff reduction, members of the Unit shall be removed from work in reverse order of seniority within the position clas- sification in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionDepartment involved, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue if and when work becomes available and provided not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed more than twelve (12) weeksmonths have elapsed from the date on which they were removed from work and they possess the necessary qualifications, such persons shall be recalled to work in order of their seniority within the position classification. A worker Subject to clause a person shall continue to accumulate only seniority during any period of non-payment under the provisions of clause provided however that the right to accumulate seniority during such period under this clause shall not accrue seniority while on Layoff or on be considered to be sufficient to maintain an unpaid leave of absence which exceeds twelve weeksemployee-employer relationship. A worker An employee shall lose accumulated all seniority and seniority shall be broken service if: he voluntarily terminates his employment; he is discharged for any of the following reasonsreasonable cause: Voluntary quit; Discharge; Failure he fails to report for work within five (5) working days from the date he recalled to work after a Layoff, within three (3) days after receipt under the provisions of clause 21.03; he is absent without written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) Metropolitan Corporation in excess of twenty-four seven (247) consecutive months, or calendar days from the commen- cement of absence; he is not recalled to work within twelve (b12) for the period months of the worker’s length date of servicehis removalfrom work pursuant to clause Where a person has been removedfrom work pursuant to hereof, whichever is less; Absence such person shall not be entitled to any benefits under this Agreement save and except the right of recall as in the said clause and the right to proceed in a job call as providedin Article provided, however, that benefits accumulated prior to such from work without notifying the Employer, unless reasonable notification could not shall be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere suspended during the period and upon recall to work in accordance with clause such other accumulated benefits shall again commence as if there had been no removal from work. A person in receipt of a contractual leave benefit under the Long Term Disability Plan at the time of absence without such removal from work shall continue to receive such a benefit in accordance with the express consent terms of the Employer unless on layoff. Accepting In- surance Policy, and an employee who is totally disabled prior to such removal from work but who has not commenced to receive a position benefit under the Long Term Disability Plan before such removal from work shall be entitled to receive a benefit under such Plan in accordance with the Employer terms of the Insurance Policy. Subject to Article an em- ployee who makes application for a job call pur- suant to Article prior to being removed from work in accordance with Article shall pro- ceed in such job call in accordance with Article even if he is laid off prior to the completion of the call. The provisions of clause shall apply to employees in receipt of benefits under the Long Term Disability Plan. Employees, covered by the Part-time unit collective agreement in the Homes for the Aged, who are appointed to positions covered by this collective agreement shall carry with them accrued seniority and benefits as calculated, defined and prescribedin the collective agreement coveringthe Part-time unit in the Homes for the Aged. Where in an action, or by settlement of a non-bargaining unit categoryclaim arising out of an injury to an employee who in of such injury has elected to claim com- pensation under the Metropolitan Corporation recovers damages from a third person, the Metropolitan Corporation may in its discretion pay such or any portion thereof to such employee or in the event of death to one (1) or more dependantssubject to the terms and conditions set out in of Executive Committee Report No. adopted by the MetropolitanCouncil on the 15thday of Decem- ber, Where an employee who is injured in circ- umstances in which he might be entitled to comp- ensation under The Workers' Compensation Act elects instead to claim against the third person, he shall, as a supervisory or managerial role. A worker whose seniority is lost for any condition of receiving sick pay benefits as hereinbefore provided, undertake in writing reimburse the Metropolitan Corporation out of the reasons outlined above proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such sick pay benefits, and upon his having made such reimbursement, his accumu- lated sick pay credits shall be considered restored accordingly. An employee who is injured on duty in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a new result of such injury, shall, provided he has qualified for si..c-k-pay credits under be paid an amountI his full net pay while the employee if is off work and until such time as a ruling has been made by the Employer again employs him or herWorkers' Compensa- tion Board upon the employee's claim. The failure full net pay of an employee shall be as determined by the Employer to rehire said worker after Metropolitan Corporation by deducting from the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.employee's gross earnings,

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority a) It is agreed and understood that the seniority lists in the Production Facility and the Parts Department are sepa- rate and independent in every way. location of an employee as of April or the unit where the employee was subsequently first hired into, determines which seniority list is the employee’s “original” seniority list. Where an employee is hired into a job on the other seniority list, that employee will continue to accumulate seniority in original seniority list. Should he/she be laid off from his/her newerjob, xxxx be eligible to exercise into his/her original seniority list. A probationary shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with declared regular when he/she has accumulated hours worked since the date and hour on which the worker first began work in a bargaining unit positionof his/her employment. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the his/her probationary period, the worker’s seniority employee shall be retroactive to their first day of work in the bargaining unit position, declared regular and shall accrue during his/her continuous employment seniority will be dated from the date he/she commenced work with the Employer within Company and will accumulate thereafter. When more than one employee is hired to com- mence work on the same day, their position on the seniority list shall be based on the records of order of the job offer acceptance. The Company shall maintain a seniority list of all employees provide the Union every 3 months with sufficient copies to supply its stewards, President and Plant Chairman. The Company shall advise the Plant Chair- man daily whenever possible of any additions, terminations, transfers, recalls or reclassifications affecting the status of employees covered by the bargaining unit covered by this Agreement. Seniority shall accrue unit, and not be lost during a worker’s paid time off (PTO)the Financial Secretary of hirings, union leave terminations, recalls, and during any paid leave change of absenceaddress, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority such advise shall be broken in written form. LOSS SENIORITY will becancelled for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at If he/she voluntarily quits his/her last address of record on file employment with the Employer or ten (10) days after written notice of recall Company. is sent to the address that was last provided discharged and reinstated voluntar- ily by the worker; Layoff which either extends (a) in excess Company or by order of twentya board of arbitration. if while on Lay-four (24) consecutive monthsoff he/she fails to return lo within five working days from the date of receipt of a registered letter or telegram recalling him/her to work, or (b) pro- vided however that the employee shall not lose his/her seniority for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure being unable to report return to work at and provided such submis- sion is by the company three working days from the date of receipt of his/her recall notice. Iii this circumstance. the either an extra up to ten or privilege of a second before the expiration of his/her recall rights. The Company shall grant such request wherever possible. Employees granted a second recall will be placed at the bottom of the recall list. If the recall is of a temporary nature, the employee will be so notified. If the employee elects to decline such a recall he/she will maintain his/her current position on the recall list, and not be placed at the bottom of the recall list. If he/she overstays a leave of absence pursuant granted by the Company, without securing an extension of such leave from the Company in writing, unless his/her cause not request- ing such extension is through a justifiable reason. If he/she is on layoff or absent due to this Agreementsickness or accident for a continuous period of: two years; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of employee had less than five years seniority on the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.date of

Appears in 1 contract

Samples: Letter of Agreement

SENIORITY. Seniority shall be defined as the worker’s an employee's length of continuous full-time service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionrank. Seniority shall not accrue be retroactive to probationary employees during the probationary period. Howeverdate of appointment to a rank, at the upon successful completion of the applicable probationary period. If more than one appointment is made to a rank on the same day, the worker’s following shall apply: • If the appointments were made from an eligibility list, seniority shall be retroactive to their first day of work in the bargaining unit positionorder of the placement on the list. • If the appointments were not from an eligibility list, and seniority in the new rank shall accrue during his/her be in the same order as length of continuous employment with full-time service in the Employer within Department. For the bargaining unit covered by this Agreement. Seniority purpose of seniority, continuous service shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during reduced or broken by any paid leave of absence, or approved by unpaid leave of absence not up to exceed twelve thirty (1230) weekscalendar days, or for any call to military service for the duration of such service. A worker shall not accrue seniority while on Layoff or on In the case of an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority more than thirty (30) calendar days, including but not limited to leave under the Family and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a LayoffMedical Leave Act, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not accrue but shall be subject bridged in the case of an approved leave of up to one year, excluding any call to military service for the duration of such service which shall count towards continuous service. In the event of a staff reduction due to the grievance abolishment of positions within the police department, the employee(s) with the least seniority in the rank of the position(s) to abolished shall be the first to be laid off in such that rank. The displaced employee may elect to displace the least senior employee in the immediate subordinate rank. An employee whose seniority does not allow for displacement to a subordinate rank shall be laid off. In the event of the abolishment of the rank of police officer, the employee with the least seniority in the rank of police officer shall be the first to be laid off. For purposes of layoff, the rank of Police Officer shall include all premium pay positions An employee who is laid-off or is displaced in rank shall be placed on a recall list to the position from which laid-off or displaced. The employee shall be removed from the recall list if the employee's certification lapses or refuses an appointment from such list. Individuals on a recall list shall have preference for appointment over individuals on a police officer or promotional eligibility list. An employee on a lay-off list for the rank of police officer shall remain on such list for a two-year period form the date of layoff unless otherwise removed as provided above. A laid-off employee shall, at their option, be appointed as a Town of Greenwich special police officer so as to maintain their certification. „l g? Dated: Greenwich, Connecticut edit-644-4. 023/ o SILVER SHIELD ASSOCIATION, INC. By: Lt. Xxxxx Xxxxxxx, President By. in X'Xxxxxx, Vice President TOWN OF GREENWICH By: By: Xxxxx X. Xxxxx, 'first (electman Xxxxxx X. ` .xxx, Director of Labor Relations Silver Shield/Town of Greenwich 2017-2021 Effective July 1, 2017, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $66,004 $70,147 $74,308 $78,463 $82,973 $67,039 $71,184 $75,345 $79,586 $68,075 $72,229 $76,388 $80,720 $69,113 $73,269 $77,423 $81,843 Marine Officer Traffic Enforcement Officer $85,495 Accident Car Officer Dispatcher $86,758 Technician $88,022 Detective CIO SRO Master Police Officer Detective First Grade $91,640 Sergeant $95,256 Lieutenant $109,385 Effective July 1, 2017, each Police Officer who is not at maximum and arbitration provisions of this Agreement.is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. Effective July 1, 2018, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $66,994 $71,199 $75,423 $79,639 $84,217 $68,045 $72,252 $76,475 $80,780 $69,096 $73,313 $77,534 $81,931 $70,150 $74,368 $78,584 $83,071 Marine Officer Traffic Enforcement Officer $86,778 Accident Car Officer Dispatcher $88,059 Technician $89,342 Detective CIO SRO Master Police Officer Detective First Grade $93,014 Sergeant $96,685 Lieutenant $111,026 Effective July 1, 2018, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. Effective July 1, 2019, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $68,301 $72,587 $76,894 $81,192 $85,860 $69,372 $73,661 $77,966 $82,355 $70,443 $74,742 $79,046 $83,529 $71,517 $75,819 $80,116 $84,690 Marine Officer Traffic Enforcement Officer $88,470 Accident Car Officer Dispatcher $89,777 Technician $91,084 Detective CIO SRO Master Police Officer Detective First Class $94,828 Sergeant $98,570 Lieutenant $113,191 Effective July 1, 2019, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. ANNUAL WAGE RATES (GWI 2.05%) Effective July 1, 2020, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $69,701 $74,075 $78,470 $82,857 $87620 $70,794 $75,171 $79,565 $84,044 $71,888 $76,275 $80,666 $85,241 $72,984 $77,373 $81,759 $86,427 Marine Officer Traffic Enforcement Officer $90,284 Accident Car Officer Dispatcher $91,617 Technician $92,952 Detective CIO SRO Master Police Officer Detective First Class $96,772 Sergeant $100,591 Lieutenant $115,511 Effective July 1, 2020, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule NOTES

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as the worker’s length of continuous service with the Employer within a division of The Windsor Utilities Commission in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this AgreementAgreement and is not transferable between divisions or any other bargaining unit. Seniority shall accrue prevail in making demotion, transfer for staff reduction, lay-off or recall of any employee to work which in Management’s opinion they are qualified to or which they have performed previously. In the case of and not transfers, by application, seniority will be lost during a worker’s paid time off (PTO)the governing factor provided the employee, union leave in the opinion of Management, has sufficient ability and during any paid leave of absence, or approved unpaid leave of absence not qualifications to exceed twelve (12) weeksperform the work available. A worker shall not accrue Employees will lose seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken rating for any of the following reasons: Voluntary quitIf they resign; DischargeIf they are discharged; Failure If they fail to report return to work after within the terms of the Recall After Lay-off clause. If employees exceed a Layoff, within three granted of absence (3) days after receipt of written notice of recall sent by the Employer unless they provide a reasonable explanation to the worker at his/her last address Commission) or use the leave of record on file with the Employer absence for reasons other than originally intended. If they are laid off for a of twenty four consecutive or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s their length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given lesser. When employees have been laid off for emergencies, determined on a case-by-case basis at the sole discretion of management business reasons and exercised in good faith; Unauthorized failure to report have returned to work at under the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent provision of the Employer unless on layoffRecall After Lay-off clause, their seniority shall be the sum total of their working time with their Division of The Windsor Utilities Commission excluding lay-off period. Accepting a position with Persons choosing to leave the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for may at any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject transferred back to the grievance bargaining unit consistent with accumulated seniority and arbitration provisions shall enjoy seniority rights accordingly, subject in all respects to the provision of this Agreement, provided they have secured a withdrawal card from the Union. A person who has elected to leave the bargaining unit pursuant to Article hereof for more than one year and who subsequently returns to the bargaining unit not have accumulated seniority out of the unit for the purpose of job posting under Article Employees transferring from one Division (or bargaining unit) to as a result of a job posting shall retain seniority in the Division (bargaining unit) they posted out of and begin to seniority in their new Division (bargaining unit) on the date of closing of the posted position.

Appears in 1 contract

Samples: Agreement

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SENIORITY. ‌ Seniority shall be defined as The Company recognizes the worker’s length principle of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionseniority. Seniority will govern subjectto reasonable consideration of skill, efficiency, and ability in promotions, transfers, lay-offs and recalls after lay- offs. Seniority for the purpose of this Agreement shall mean, all days worked, and days which normally would have been worked but were lost as a result of sickness or injury certified by a licensed physician, dentist or chiropractor plus total number of days on vacation, holidays with pay, jury duty, bereavement leave and Company approved off the job training in any calendar year. Overtime work is not accrue to probationary employees during be regarded as accumulative seniority time, however, an employee who works five (5) or more hours on an overtime shift on Saturdayor Sundaywill be credited with one day of seniority. It is agreed and understood that an employee's seniority will be cancelled if there should be conclusive evidence that he would have been capable of performing his regular work while absent for medical reasons or that he worked elsewhere while on authorized leave of absence. An employee who is required by the probationary period. However, at the successful Union to be absent work for Union business will be granted leave of absence provided he returns to work on completion of the probationary period, the worker’s seniority scheduled Union business. Employees hired as students will be laid off on completion of their student term. They must re- apply for permanent employment and if accepted will start as a new employee with respect to mill service. Employment of any new employee shall be retroactive to their first day considered as probationary until he has worked forty- five (45) days in one period of work employmentexcept in cases of lay-off. Seniorityof new employees shall be established at the bargaining unit position, end of this period and shall accrue during his/her continuous employment with be effective from the Employer within date of employment. In cases of lay-offs,the bargaining unit covered by this AgreementCompany will give written advance notice of at least five (5) working days or pay in lieu thereof to the employees intended to be laid-off and to the Xxxxxxx. Seniority The time period set out herein shall accrue and not be lost during applicable in cases involving a worker’s paid time breakdown of machinery or an electrical power failure. If, as a result of a lay-off (PTO)or for any other reason, union leave it is necessary to transfer an employee one job classification to another, senior employees will be given preferenceprovided they have the skill, efficiency and during any paid leave of absenceability to meet, or approved unpaid leave to be trained to meet thejob requirements. Employees, who require training, will be allowed five (5) working days to qualify or such further period of absence not time as may be mutually agreed to exceed twelve (12) weeksby the parties. A worker shall not accrue seniority while on Layoff or on an unpaid leave For lay-offs of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within less than three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period employees affected will be transferred to vacant positions as per seniority and qualifications and in accordance with Article of the worker’s length of service, whichever Collective Agreement. It is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority that senior employees shall not be subject to any loss of employment. Once normal operations resume, employees will revert back to their originaljob. When the grievance date is known at the time of lay-off, employees leaving will be informed accordingly. In all other cases, notices in writing will be made to an employee by registered letter at his given address, with a copy to the Union at least ten 0) days before he is required to report for work. Employees will be required to acknowledge receipt of such notice and arbitration provisions report for work on the date specifiedunless other arrangementshave been made in writing. shall be the duty of each employee to notify the Company of any change of addresses. If an employeefails to do this, the Company will not be responsible for failure of a notice to reach such employees. Any employee who is temporarily transferred for a period of one (1) working day or more to anotherjob for which the rate is different from that in effect for such employee's regular job shall be paid, while so employed, as follows: If the rate of pay for the job to which he is transferred is less than the employee's regular pay, he shall receive his own higher rate. If the rate of pay for the job to which he is transferred is higher than the employee's regular pay, he shall receive the higher rate for the job to which he is temporarily transferred. A permanent vacancy is defined as a vacancy of fifteen (15) working days, or more. When a vacancy occurs, immediate notice thereof will be posted on the bulletin boards for a period of five (5) working days. During this Agreementsaid five (5) working day period, the Company may make a temporary appointment to such permanent vacant position. In all cases of posting permanent vacancies, openings arising the posting of the original vacancy will be posted until and including the first base rated job. It is also agreed that when a permanent base rated job vacancy occurs, only the original vacancy will be posted. Employees will not be considered for such vacant positions unless, they apply in writing, during the five (5) day period on forms to be supplied by the Company. A copy of such form will be retained by the applicant. The permanent vacancy will be filledby the senior applicant provided he has the necessary skill, ability, and efficiency to meet or to be trained to meet the job requirements. An employee accepting the posted job shall be allowed five (5) working days in which to qualify or any further time as may be mutually, agreed to. Failure of an employee to qualify shall entitle him to return to his former job. Nothing herein shall prevent the Company hiring persons outside the bargaining unit when no qualified employee applies. An employee who has successfullyclaimed and filled a permanent job shall not be eligible to further bid for another vacancy before three (3) months have elapsed unless such vacancy is a promotion. A promotion shall mean advancementto a job, which carries a higher rate of pay, or a steady day job. When a vacancy is caused by an employee's absence due to disability or authorized leave of absence for fifteen (15) working days or more, the original vacancy will be considered and posted as "Temporary" in which case the employee whose position has been dealt with as a "temporary" vacancy is entitled upon his return to resume his former position, provided he is capable of performing its requirements.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. (a) Seniority for the purpose of posting (promotions, Reclassifications) and (see clauses shall be defined as the worker’s continuous length of continuous in the Caretakingand Maintenance of the Board from last date of hire. Effective January seniority shall be pro-rated for employees working less than twenty (20) hours per week. Length of service, for the purpose of vacation entitlement and benefits shall be length of service with the Employer Board which shall include service in other departments than Caretakingand Maintenance. All employees who work less than twenty (20) hours per week are considered part-timeemployees. They will seniority on a pro-rata basis. (a) An employee who works twenty (20) hours or more per week shall be on a probationary period for the first three (3) months of employment. All employees or transferred to participate the apprenticeship program shall be required to a three (3) month probationary period prior to registration with the Ministry of Skills Development. The employee shall not have recourse to grievance regarding discharge except in the bargaining unit commencing with case of unjust cause. An employee who works less than twenty (20) hours per week shall be on a probationary period for the date first five hundred and hour on which the worker first began work in a bargaining unit position(520) hours of paid time. Seniority shall not accrue to probationary employees during the probationary period. However, at the Following successful completion of the employee's probationary period, the worker’s seniority employee shall be retroactive placed on the seniority list and will be credited with seniority at the date of hiring in the Caretaking and Maintenance Department (pro-rated for under twenty (20) hours per week) and the employee will be notified in writing of the employee's change of status. Both parties recognize that the purpose of probation is for the Employer to properly ascertain that the employee in question is in fact capable of performing the duties and is suitable for the position for which the employee was hired. It is understood that probationary employees are subject to a lesser standard of just cause (basic procedural fairness). Seniority lists (one (1) for caretaking, one for maintenance and one (1) for apprentices) shall be established for all employees covered by this Agreement based upon each employee's last date of hiring. The seniority lists will be revised on September of each year, one (I)copy to be filed with the Union and additional copies to be posted on all bulletinboards. Employees who work less than twenty (20) hours per week shall have a separate seniority list based upon hours of work. Upon successful completion of the apprenticeship program, and if permanent employment is offered, the apprentice will have seniority transferred from the apprentice seniority list to the maintenance seniority list. In the event of a lay-off, an apprentice shall not have the right to bump any employee in the maintenance or caretaking categories. If an employee is transferred by the Board to another category, that employee shall not lose the employee's seniority with the Board. In the event of lay-off, employees will be appointed to the least senior position in their first day job classification. If no position available in their job classification, employees will be appointed to the least senior position in a lower classification provided that they have the experience, qualifications, skills and ability to perform the requirements of work in the position. No employee will be transferred to a position outside the bargaining unit positionwithout the employee's consent. If such a transfer does take place, the employee shall retain the employee's Seniority acquired to the date of the transfer, for a period of up to two (2) years, but will not accumulate any further seniority. If such an employee later returns to the bargaining unit, the employee shall be placed in a job consistent with that employee's seniority, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker employee's return shall not accrue seniority while on Layoff result in the lay-off or on bumping of an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.holding greater

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority The Company will maintain a seniority roster for all Employees who are not disabled and are not under JWOD. These Employees shall be defined operate under a "last hired, first fired" seniority roster. It is expressly understood and agreed between the Company and the Union that seniority rights of the non-disabled employees shall not take precedence over the disabled employees and workers hired and employed under JWOD. It is the intent and purpose of the Company to hire as many qualified disabled workers as employees as possible. A non-disabled Employee who is displaced by a disabled person or terminated as the worker’s length result of continuous service with the Employer hiring of a disabled person shall not have a right to grieve or arbitrate any matter relating to such displacement or termination. It is agreed that the Company and the Union meet for the purpose of establishing seniority list for Employees in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion time of the probationary periodsigning of the Agreement. The seniority list will be based upon official records of the Union, of the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionCompany, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreementstate and federal agencies. Seniority shall accrue and not be lost during a worker’s paid time off Not later than fifteen (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (315) days after receipt of written notice of recall sent by the Employer prior to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of the Company's vendor contract covering any facility, the Company shall furnish the Union and the successor contractor a leave list of absence pursuant to its current Employees together with their dates of hire and the dates their last vacation pay was paid by the Company. The following Sections in this Agreement; Taking employment elsewhere during Article shall become applicable and shall be in force and effect upon the period of a contractual leave of absence without the express consent establishment of the Employer unless on layoffseniority lists. Accepting a position with In the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost event that the Company finds it necessary to lay off Employees for any reason,such layoffsshall beon thebasis of seniority, the reasons outlined above least senior in inverse order will be first laid off. After, and subject to, assignment and scheduling of disabled persons, Employees will have the right to select available work schedules by seniority in job assignments for which they are qualified. For purposes of one's placement on the seniority lists, and otherwise, the following shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority considered, but shall not be subject subordinate to the grievance and arbitration provisions of this Agreement.Employer's commitment to persons with disabilities:

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as is the worker’s principle of granting preference to employees in accordance with the length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionEmployer. Seniority shall not accrue to probationary during lay-off with the exception of cafeteria employees who will accrue seniority during the school shut down periods. New employees shall serve a probationary period. However, at the successful completion period of the probationary period, the worker’s sixty days worked before acquiring seniority rights which shall be retroactive then date back to their first day respective date of starting to work in the bargaining unit positionunit. August RATIFIED: 8 May Seniority accumulation for part-time and seasonal employees shall accumulate based on shifts worked. Nothing herein shall seasonal employees to seniority accumulated prior to November Probationary employees who are discharged during the probationary period shall not have recourse to the Grievance Procedure. In the event of lay-off or recall from lay-off, and subject to Article below, the employee with the greatest seniority will be the last to be laid off and, conversely, the first to be recalled from lay-off. For purposes of this article, a lay- off means a lay-off for more than five working days. New employees shall accrue during not be hired until those laid off have been given the opportunity of recall, provided that they are qualified to do the work. For the purposes of lay-offs and recalls the parties three distinct geographic areas and that the classifications covered by the Collective Agreement will be grouped into the following four classifications: Custodian (Including Warehouse Staff ⚫ Maintenance and Labour Bus Driver Cafeteria Employees in the Warehouse classifications may exercise their seniority to bump into their former classifications. An employee hired from outside may bump into the custodial classifications to avoid lay-off. A full-time employee about to be laid off and with sufficient seniority, will have the option of accepting reduced hours in order to remain at his/her continuous specific location, or may bump the junior full-time employee in the same classification and rate of pay in his/her area. If no employee has less seniority and the same rate of pay of the employee about to be laid off, may bump the most junior employee in the next lower paid job in his/her geographic area and within the same classification. Failing sufficient seniority to retain a position in his/her own geographic area, the employee may bump, as above, plant wide, or may choose to accept a lay-off. Part-time employees about to be laid off may exercise their seniority as above in the part-time positions. For purposes of this Article, a part-time employee is defined as an employee regularly employed to work for not more than twenty-four hours per week and a part-time position is one normally filled by a part-time employee. Seniority lists will be supplied to the Union and posted on the bulletin board in October of each year of this Agreement. Seniority, once established for an employee, shall be forfeited under the following conditions and the employee’s employment with the Employer shall be deemed to be terminated: if voluntarily quits; if is discharged for any cause and not reinstated through the Grievance Procedure; if fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this agreement; August RATIFIED: 8 May if twenty-four months have elapsed from the day of lay-off; or if is absent from work for more than three working days without notifying the Employer. When recalling an employee after lay-off shall be notified by registered mail or telegram and allowed five working days to report for work and, in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled, but shall be temporarily employed until the senior employee reports within the bargaining unit five day period as outlined. An employee receiving a registered letter or telegram in accordance with this Article must contact the Personnel Department within forty-eight hours of receipt of the notice to return to work if wishes the Employer to hold the job open for him/her for the full five day period. It shall be the employee’s responsibility to keep the Employer notified as to changes of address and their telephone numbers so that they will be up-to-date at all times. The Employer may contact the employee by telephone, or by personal contact, when notifying the employee to return to work. However, the time limits referred to above do not take effect until receipt of notification in writing. In the event an employee is suspended as a disciplinary measure, shall retain all seniority rights without interruption during the penalty. Those promoted to supervisory positions, or those positions not covered by this Agreement, will retain their seniority after promotion and, if transferred back into the bargaining unit, the time served in the supervisory position shall be included in their seniority standing up to a maximum of six months. Seniority Any such employee returning to the bargaining unit shall accrue not displace any employee with greater seniority. Where the Employer is aware that a lay-off will take place, it will give five working days’ notice of the lay-off to those persons affected and to the Union, unless the work assignment does not exceed five working days. The Union shall be informed in writing of employees recalled for five working days or less. The above notices of lay-off and recall shall not apply to cafeteria employees who have a known work schedule for the complete school year (September to June). The work schedule shall encompass the school year as provided in the Education Act as amended from time to time, less the days designated as Professional Development/Activity days, and the days designated as examination days where the employee’s services may not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not required. The Employer will endeavour to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure give adequate notice to report employees required to work after a Layoffon Professional Development/Activity days, within three (3) and days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such designated as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementexamination days.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority Newly hired employees shall be defined as the worker’s length serve a proba- tionary period of continuous service with the Employer forty-five (45) actual days worked in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary an eighteen (18) week period. However, at the successful Upon completion of the probationary period, the worker’s a new employee shall have his seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreementdated back forty-five (45) working days. Seniority shall accrue mean ,an employee’s length of service with the Company completion of the pro- bationary period. An employee shall maintain and not accu- mulate seniority unless such seniority is lost under con- ditions as set out in Article In all cases of promotions, downgrad- ing or upgrading, length of service shall govern, provid- ed the employees involved have the qualifications to undertake jobs in their own departments or in other departments that are held by employees with less seniority, subject to the company’s right to a final deci- sion and subject to the Union’s right to file a grievance. An employee must achieve of the job standard in a given occupation within two (2) working days in order to remain in that occupation. Those employees with or more years of seniority will be lost during given five (5) working days to achieve of the job standard in a worker’s paid time off given occupation in order to remain in that occupation. It is understood that should an employee decide to bump an employee in his department or another department (PTOas per above), union leave the employee can only exercise this privilege on one occasion per lay- off. When layoffs are all part-time and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve probationary employees shall laid off first. The pro- bationary period is forty-five (1245) weeksdays worked. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report When recalling employees to work after a Layofflay- off, within three (3) days after receipt they shall be recalled in the inverse order in which they were laid off, that is, the id off employees with the longest length of written notice of recall sent by the Employer service will e recalled first. Before new employees are hired, consideration shall be given to the worker of employees who are on layoff and are still subject to recall, provided they are qualified to do the work required. Management shall the Union at his/her last address the signing of record this Contract with a list giving the length of service of each employee and shall revise said list at (6) month periods throughout the Contract year. One copy of such list shall be posted on file with the Employer or ten (10) days after written notice of recall is sent Bulletin Boards and one copy shall be mailed to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management Union Office. Any employee will lose his seniority rights under this Agreement and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if he voluntarily leaves his employment with the Employer again employs him Company; or herif he is discharged; or if he has been laid off for a period of fifteen (15) months; or if he is laid off for a period of less than fifteen (15) months and fails to return to work or to give in writing valid reasons for his inability to do so within seven (7) days of the date he has been requested by the Company in writing to return to work and will return to work five (5) days after notifying the Company of his intention to return to work; or if he overstays a leave of absence granted by the Company in writing without securing an extension of such leave; or if he absents himself from his work for more than three (3) days without securing leave of absence or without producing evidence of a sufficient reason satisfactory to the Company. The failure Negotiating Committee, the Grievance Committee and the Shop Stewards of Union, during their term of office in the Union, and the Lead Hands, shall head the seniority list in their respective depart- ments. This clause will only apply in the case of layoffs. A vacancy in a permanent job or an additional job occurring in a department shall be posted plantwide on all bulletin boards for a period of three (3) working days. Copy of this posting to be supplied to the Secretary of the Employer to rehire said worker after Union. In the loss interest of efficiency, the Company shall consider in order of seniority, the qualifi- cations of the applicants concerned and base its selec- tion thereon. In filling these vacancies, or making pro- motions, other qualifications being equal, seniority shall prevail. Employees will be allowed two (2) job in a six (6) month period. The Union is to receive the name of the successful candidate and his classification. A vacancy in a permanent job may be filled temporarily for a total period not exceeding thirty (30) calendar days while the posting is being filled. It is understood and agreed that the Company has the right to reassign employees to suit operating requirements. Where a reassignment is necessary, the Company will reassign the most junior qualified employee first and so on. Where there are no qualified employees, the Company will reassign the most qualified employee first and so on. If reassigned into a classification with a high- er rate of pay, the employee shall receive the higher rate of pay. The company and the Union agree that em- ployees who leave the bargaining unit to take employ- ment with the Company outside the bargaining unit, will be subject to treated in the grievance and arbitration provisions of this Agreement.following manner:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. For those Employees who work 40 hours per week or more: Seniority shall be is defined as the worker’s length of continuous service the employee’s serv­ ice with each signatory company throughout the opera­ tions within the bargaining unit. Regular full-time employees employed to work the basic work week set forth in Article II hereof shall acquire seniority within the store thirty (30) days after hire and shall acquire seniority within the entire operation of the Employer in the bargaining unit commencing with the covered by this Agreement after six (6) months of continuous employment. The employee’s seniority shall then date and hour on which the worker first began work in a bargaining unit positionback to his last date of hire. Seniority shall not accrue apply to probationary layoffs and rehire. The last em­ ployee hired shall be first laid off, and the last employee laid off shall be the first rehired. A reduction of an em­ ployee’s work schedule below forty (40) hours per week shall be considered a partial layoff. A full-time employee who is unavailable for reasons of his own convenience, even though he accepts part-time work, shall lose his seniority rights. For those Employees who work 25 to 40 hours per week: All part-time employees with established seniority as of the effective date of this Agreement and all part-time employees who thereafter work an average of twenty- five (25) hours per week during any four (4) consecutive week period shall have seniority within the probationary individual store. The employee’s seniority date shall be the begin­ ning of the four (4) week qualification period. HoweverSeniority shall apply to layoffs and rehire. The last em­ ployee hired shall be first laid off, at and the successful completion last employee laid off shall be the first rehired. A reduction of the probationary period, the workeran em­ ployee’s work schedule below twenty-five (25) hours per week shall be considered a partial layoff. Part-time employees with seniority shall be retroactive entitled to their first day preference for scheduling of work hours within the individual store in the bargaining unit positionorder of their seniority so that no junior part- time employee shall reecive more hours of employment than a senior part-time employee. In the event there is a violation of seniority relating to the number of hours scheduled, the Employer shall correct such violation by re-scheduling during the following four (4) week period. A schedule of hours worked by part-time employees with seniority shall be posted within the store weekly. The time limitation on the filing of such a grievance shall not begin to run until the schedule is posted. If a part-time employee with seniority declines the op­ portunity to work the hours to which he is entitled, he shall sign a waiver so stating, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementseniority.

Appears in 1 contract

Samples: Terms of Agreement

SENIORITY. ‌ Seniority An employee shall be defined on probation for ninety (90) days from the date of the last hire. During such period the employee may be dismissed if the employee is unable to perform adequately the work for which the employee is employed or is otherwise unsuitable. For the purpose of this Agreement an "seniority" (other than that of a probationary employee) shall commence with the date of the employee's most recent hiring (other than as a result of a recall after a layoff) by the Board and shall be maintained and accumulated so long as the worker’s employee during: a layoff within any period during which the employee was entitled to be recalled; any sickness or accident; and any leave of absence. When a probationary employee completes the probationary period the employee shall be entered on the seniority list and shall rank seniority from the date the employee was last hired. A loss in seniority shall be deemed to have occurred if an individual employed by the Board: quits; is discharged and is not reinstated by reason of the grievance procedure; is laid off beyond the period during which the employee was entitled to be recalled; or fails following a layoff, unless the employee exercises the right to refuse such work as provided in section to notify the Board within seven ( 7 ) days of the Board sending the employee a notice to return to work of the intention to return or fails to report for work on the date and at the time specified in such notice, which date is not sooner than said seven ( 7 ) days; or "continuous service" shall be determined by the length of continuous the employee's actual service with the Employer in the bargaining unit commencing with the date Board and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during include any period of time while the probationary period. However, at employee was absent from work because the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid employee was on: leave of absence not to exceed twelve in excess of thirty (1230) weeksdays; layoff; or strike or lockout. A worker The Board shall not accrue maintain a master seniority while on Layoff or on an unpaid leave list showing the name, classification, region and hiring date of absence which exceeds twelve weekseach employee. A worker shall lose accumulated Seniority will be unit-wide. An up-to-date seniority and seniority list shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within posted annually by January and three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is copies thereof shall be sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this AgreementUnion.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority New employees will be considered as probationary employees until they have been employed continuously for a three (3)month probationary period. Probationary employees shall have no seniority rights but after the probationary period their seniority shall be defined as the worker’s length dated b date of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during commencement of the probationary period. Howeverand employment shall be deemed to be Voluntarily leaves the employ of the Company. Is discharged for just cause and is not reinstated purs- uant to the of this agreement. Is absent without an acceptable reason for three consecutive working days without notifying the Com- pany during such period of the reason for such absence, unless the reason for failure to notify is justifiable. Fails to return to work on the day specified at the successful completion end of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, unless the reason for failure to re- turn is acceptable to the Company. For the purposes of Article Section a reduction in the number of employees in a job due to the volume of work or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority for economic reasons shall be broken for any deemed to be a lay off. For the purposes of Article Section "location" shall mean the branch or division office at or out of which the employee works. Lay and recalls shall occur in the manner herein- after set forth, provided that the employees who re- main are capable, willing and available to do the work required. In the event lay are required, the following reasonsproce- dure shall be followed: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three All Temporary Employees shall be laid off first. All Probationary Employees shall be laid off in the respective departments where the layoffs occur. All Probationary Employees throughout the Bargaining Unit shall be laid off. Thereafter employees shall be laid off in accord- ance with Article Section (3) days after receipt of written notice of recall sent by e). Bargaining Unit for which is qualified and for which seniority would entitle which there exists for which qualified and for which entitle In the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall event that more than one employee is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis laid off at the sole discretion of management same time, the senior such employee shall have preference as to which junior employees af- fected they displace. An employee who is laid off and exercised who displaces another employee in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position accordance with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.Article Section

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority shall The most senior employee making application who meets the first two factors will be defined as the worker’s length selected. The selected employee will be given a period of continuous service time to train and become acquainted with the Employer new position. If during the first five days of this period of time the employee wishes not to remain on the new posi- tion, the employee will be returned to the former position. However, such employee will be prevented from bidding on another posting to that same job for a period of six months. If found suitable for any given job, an employee’s application for such job will be marked “accepted”. Should the employee prove unable to perform the duties in an acceptable manner, the application will be marked “rejected” and withdrawn from file. Rea- sons for such rejection to be supplied, in writing, to the Union and the employee. Employees going on vacation or other approved ab- sences may file a request with the Company to ensure their eligibility and consideration for any permanent vacancy occurring during their absence. The employer agrees to post office Union job postings simultaneously on office and plant job posting boards. Plant employees wishing to be considered for such open- ings may do so within the posting period provided in this Article. The employer is under no obligation to fill such posted job with a plant applicant. If there are no successful bids on the posted vacancies, employees on the recall list will be recalled in order of seniority. Employees who refuse recall to train under this section shall not lose their seniority nor shall their recall rights to other jobs or training opportunities be affected. Where a job posting for a permanent position has not been filled under the above procedures, consideration will be given to probationary employees who have bid on the job. The employee with the earliest start date will be assigned to the job at the minimum rate for that classifi- cation. Any vacancy resulting from a probationary employee being assigned to a job as a result of this provision will be filled by a new hire or another proba- tionary employee. If, after the above procedure, vacancies still remain, the Company will be free to use its discretion in filling the vacancy. When a new job is created in the bargaining unit commencing unit, the occupation will be posted in the plant and filled in accordance with the date factors as outlined in Section If there are no bids received or if there are no qualified bidders, the Company is free to fill the vacancy at its discretion. An employee who bids on a job may withdraw such application at any time by applying in writing to the Personnel Department. The successful bidder will be entitled to the vacancy unless such bidder is notified in writing that the vacancy has been cancelled. When the Company determines a vacant job will not be filled, the Company will post a notice advising the employees such vacancy will not immediately be filled. Section Any employee who bidder will not be considered for any further vacancy for a period of six months except where such vacancy is in an equal or higher rated category. Similarly, any employee who rejects a transfer to any job will sign a waiver to that effect and hour on which will not be considered for the worker first began work in same job for a bargaining unit positionperiod of six months. Seniority shall not accrue Section Due to probationary employees during the probationary period. However, at the successful completion unique operations of the probationary period3 Making Department, operating requirements from time to time necessitate changes in shift schedules, numbers of shifts and the worker’s seniority shall be retroactive to their first day number of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementemployees.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Each employee who has completed his/her probationary period and whose work falls within the specified area of Bargaining Unit work shall have seniority standing in the plant. Preferred seniority status will be granted to Table Officers (maximum of The Union Local for the sole purpose, in the event of a reduction in the work force for ensuring that The Union will have proper representation as long as Bargaining Unit employees are required to continue working. Employees with preferred seniority may be transferred from job to job or department to department when necessary because of reduced operations. In no case shall The Company be under obligation to maintain employment of the preferred employees if they are not capable of performing the work available. The Union will provide to Management in writing the names of the Table Seniority of each employee covered by this Agreement shall be defined as established after a probationary period of hours during a six month period and shall count from a date eighty working days prior to the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, eightieth working day of the workerindividual’s seniority employment. Employees shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreementregarded as probationary employees until they have acquired seniority as above provided. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority Probationary employees shall not be subject entitled to seniority rights and shall be subject, without recourse, to termination due to inability to perform the work required or for just cause. Plant-wide seniority lists shall be posted quarterly in each department. The Local Union President shall receive twelve copies of these lists. All vacancies for positions and newly created positions in the Bargaining Unit as listed in Appendix “A” which must be filled for forty-five calendar days: sixty days for openings resulting from a medical leave, or longer shall be posted for eight hours on the special posting board. Temporary vacancies created as a result of a medical leave will be filled by the most qualified applicant. The qualified applicant will be required to assume the same hours of work as the employee they are replacing. Employees may make application in writing stating their qualifications, skill and ability to perform the function. Employees may qualify as follows: All vacancies for the weekend shift shall be filled by recalling in accordance with seniority, employees who are qualified to perform the work. If there are not enough qualified employees the will be posted. Weekday employees will also be given the opportunity for but will not be forced to accept. A list of the applicants will be given to the grievance and arbitration provisions of this Agreementunion.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority Bargaining unit members shall earn one seniority credit for each semester covered by an appointment for which the member taught. Any such teaching done during a Fall or Spring semester shall be eligible for the purpose of determining seniority credit. Seniority credit is accumulated for the purposes of accumulating credit toward eligibility for longer term contracts and course appointments. Instruction during summer sessions shall be excluded in determining the seniority credit. Beginning in academic year 2020 – 2021, any post-probation bargaining employee who has a break in service as defined as in Article II, will be considered a new employee upon return to teaching at the worker’s length of continuous service with the Employer in the University, and will be required to serve a new probation period, and be subject to dues checkoff. Any bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall member who does not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken teach for any of the two consecutive Academic Years following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address full-time or part-time teaching assignment at the University shall no longer be considered a unit member. If a post-probationary bargaining unit member resigns their position but subsequently chooses to return, at any time, to a part-time teaching assignment which would again place them in the bargaining unit, they will be considered a new bargaining unit member and required to serve a new probation, and they will be subject to dues checkoff. If such an individual is reemployed, that person will have the status of record a new employee for the purpose of seniority. Anyone on file an approved leave of absence shall have his/her seniority frozen for the duration of the leave. Seniority shall also be broken if a bargaining unit member resigns, or is terminated for cause or turns down an offer of employment and does not teach. Seniority credit shall be provided from employment records on hand in the University PeopleSoft system beginning with employment from July 1, 2000. Bargaining unit members hired into teaching assignments at Syracuse University prior to July 1, 2000 will be provided six (6) seniority credits for every year of continuous University service prior to 2000. The University will use the Employer appropriate date that best reflects teaching time to determine service prior to July 1, 2000, if any. For the period between July 1, 2000 and May 31, 2011, seniority credits were determined by the number of credit hours taught. All seniority credits earned prior to May 31, 2011, shall be maintained in the individual’s seniority credit accumulation. Bargaining unit members shall have the right to review their seniority credit accumulation when additional seniority credits have been accrued. Except as otherwise provided herein and subject to the terms of this Agreement, the University reserves the right to make all decisions regarding course assignments and appointments, including the addition of new part-time faculty. In the absence of any other appointment option, as defined by Article VII – Faculty Appointments, and in the event school, college, department or ten (10) days after written notice of recall is program leadership decides to offer a new open section to part-time faculty, the University will follow the following process: A report detailing the current open part time faculty positions, including the job number, title and posting period will be sent to the address that was last provided by Union President once per week. Each open position will be posted on the worker; Layoff which either extends Syracuse University online job posting website for seven (a7) days. Bargaining Unit members interested in excess of twentyteaching any new course offering and/or open section being offered to part-four (24) consecutive monthstime faculty may submit an application via the online posting process within the posting period. Unless otherwise assigned individuals covered under Article VII - Faculty Appointments, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory members who are teaching or managerial role. A worker whose seniority is lost for any of who have taught the reasons outlined above shall course will be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementfirst.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority Xxxxxxx seniority shall be defined as the workeran Employee’s length of continuous service employment, from the Employee’s original start date with the Employer in College this includes 9,10, 11 and 12 month Employees. Any temporary employee who becomes a member of the bargaining unit commencing will be credited with the date and hour on which the worker first began their temporary work in the calculation of their benefits and seniority. Part-time temporary work will be pro- rated in calculating that seniority. However, any temporary employee who becomes a member of the bargaining unit positionwill still have to serve an Introductory Evaluation Period but can put in a request to their supervisor to have it waived after 60 days. Student employment is excluded from the calculation of seniority. If two or more Employees have the same starting date of employment, and in any case where seniority is a factor pursuant to this Agreement, the relative seniority between such Employees will be determined by the drawing of lots. Seniority shall not accrue continue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s any approved paid time off (PTO), union leave and during any paid leave leaves of absence, or any approved unpaid leave of absence not to exceed of twelve (12) weeksweeks or less associated with the Family Medical Leave Act or comparable state law provision. A worker When an Employee is laid off, the Employee’s seniority shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere lost during the period of a contractual leave of absence without layoff, but it shall no longer accrue during the express consent layoff period. An Employee who has been laid off and returns to the bargaining unit within one year from the date of the Employer unless layoff shall have their seniority restored to what it was on the date of the layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is Loss of Seniority – Seniority will be lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.when an Employee:

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. ‌ Seniority shall For the purposes of determining a seniority date, an employee’s aggregate paid hours will be defined as converted by using the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date following formula: two thousand and hour on which the worker first began work in a bargaining unit positioneighty (2,080) paid hours equals one ( I) year. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the workerAn employee’s seniority shall be retroactive to their first day calculated from initial date of hire, provided is not absent from work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during for any paid leave of absence, or approved unpaid leave of absence not to exceed period exceeding twelve (12) weekscontinuous months for reasons other than illness, injury, layoff or an approved leave of absence. If has been so absent, seniority shall accumulate from last date of hire. Notwithstanding the foregoing sub-clause, as of May all employees who were previously covered by a Collective Agreement shall have placed to their credit such seniority as they had accumulated in accordance with the terms of their predecessor collective agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement. Notwithstanding clause as of May all employees who were not covered by a predecessor Collective Agreement shall have placed to their credit seniority in accordance with Section or of the Public Sector Labour Relations Transition Act, Schedule. which shall be calculated from their first date of hire with their predecessor employer unless they lost seniority in accordance with clause in which case it shall be calculated from their subsequent date of hire. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement. Notwithstanding Clause as of May all employees who were covered by a predecessor Collective Agreement and who are not excluded from the Unit B bargaining unit in accordance with Clarity Note in Article (Recognition) shall have placed to their credit such seniority as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement. As soon as possible following the ratification of this Collective Agreement, the City shall, for each employee (other than new hires or employees previously notified) coming within the Unit B bargaining unit, establish such employee’s seniority, and notify in writing of such. A worker shall not accrue seniority while on Layoff or on complaint concerning the accuracy of an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and employee’s seniority shall be broken for any considered if submitted within sixty (60) working days of the following reasons: Voluntary quitemployee’s receipt of the notice of seniority. As soon as possible, the City shall notify employees on their pay stubs of their accumulated hours for seniority purposes. Loss of An employee shall lose all seniority and service if, Seniority Lists voluntarily terminates employment subject to the right to rescind in clause 12.05; Dischargeis discharged for reasonable cause; Failure fails to report for scheduled work within ten working days from the date is recalled to work after a Layoff, under the provisions of Article 12.04; is not recalled to work within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period months of the worker’s length date of service, whichever is less; Absence removal from work without notifying pursuant to the Employerstaff reduction article; does not work for any period exceeding twelve (12) continuous months for reasons other than illness, unless reasonable notification could not be given for emergenciesinjury, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a layoff or approved leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.absence;

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. The purpose of this Seniority shall be defined as Article is to provide the worker’s maximum job security and promotional opportunity for all bargaining unit employees, based on length of continuous service with the Employer time spent in the bargaining unit commencing with the date and hour on which the worker first began work while giving full consideration to efficient plant operation. Seniority, as referred to in a bargaining unit position. Seniority this Agreement, shall not accrue to probationary employees during the probationary period. However, at the successful completion mean length of the probationary period, the worker’s seniority shall be retroactive to their first day of work time spent in the bargaining unit position, not inter- rupted by any seniority break or freeze (Article 17.05) and shall accrue during his/her continuous be on a plant wide basis. Each employee shall be a probationary employee and shall not attain seniority sta- tus until the completion of a minimum of seventy (70) days worked for the Company. After attainment of seniority, the employee’s seniority rating will be established from the date of employment with the Employer within in the bargaining unit covered by unit, or, in the case of an employee re- employed following a break in seniority, from the date of re-employment in the bargaining unit. Notwithstanding any other provision of this Agreement. Seniority shall accrue and not , the employment of a pro- bationary employee may be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken terminated for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis reason at the sole discretion of management and exercised in good faith; Unauthorized failure no arbitrator or arbitration board shall have jurisdiction to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such entertain any grievance filed as a supervisory or managerial roleresult of such termination. A worker whose seniority is lost for any of terminated probationary employee will, however, he given the reasons outlined above shall opportunity to confer with xxxxxxx before leaving the Company premises. Seniority lists will be considered posted as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker soon as possible after the loss of seniority shall not be subject to the grievance and arbitration provisions signing date of this Agreement., and every three months thereafter, including such revisions as are necessary. A copy of the list will be posted in the plant and a copy given to the Union. Promotions shall be made on the basis of a), ability and seniority. When the ability of the candidates is equal, then seniority shall be the governing factor. After a tempo- rary job exceeds thirty (30) consecutive working days, the position will be posted and filled in the normal manner. This shall also apply to the selection of employees who have success- fully completed required Company prescribed tests and wish to enter a Training Programme. Promotionalopportunities in job classificationindustrial truck operator and above will be posted. Seniority, as herein defined, shall apply in the case of lay-off resulting from a reduction of the work force. Employees with the least seniority shall be laid off first and senior employees retained, provided however, the senior employees retained have the neces- sary ability to perform the normal requirements of the job. Seniority shall apply in the case of re-call of employees after lay-off. Employees shall be recalled in the order of Plant Seniority, with the most senior employee being recalled first, and the least senior employee recalled last, in that order, provided, however, the senior employees recalled have the necessary ability to perform the normal requirements of the job. The definition of “necessary ability to perform the normal requirements of the job” as it applies to lay-off or recall in and shall mean:-

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority shall be defined as A. For the worker’s purpose of this Agreement, seniority means the length of continuous service with the Employer in the bargaining unit commencing Board or with any predecessor Board of Education which has been amalgamated or merged with the date Board, and hour seniority shall operate on which the worker first began work in a bargaining unit positionbasis. Seniority A new employee be on probation for a period not exceeding ninety days. When an employee proves satisfactory shall not accrue be confirmed i n her position and her name shall be placed on the seniority list and her seniority shall date back to probationary employees during the probationary perioddate of her hire. HoweverThe Board will maintain a seniority list showing each employee's name, her job classification and the date upon which het seniority The seniority list w i l l be revised and posted twice a year at the successful completion end of May and the end of November and the Board w i l l send two copies of the probationary period, list to the worker’s Union. Complaints about the accuracy of the seniority list will be considered within fifteen 15) days of the date of posting and the list shall be retroactive deemed to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer be accurate if no complaint or grievance is received within the bargaining unit said time l i m i t of fifteen (15) working days. Those transferred to supervisory positions or those positions not covered by this Agreement, will retain their seniority accumulated i n the bargaining unit, and, if transferred back into the bargaining unit, they shall be credited with all such seniority, provided that no bargaining unit employee who has completed her probationary period shall he displaced as a result of such transfer. Seniority shall accrue and not be lost during a worker’s paid time off (PTO)If an employee is absent work because of personal illness, union leave and during any paid leave of absence, accident or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker authorized by the Board, she shall not accrue lose her seniority while on Layoff or on rights. However, an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and employee's seniority shall only be broken for lost any of the following reasons: Voluntary quitdismissal just cause; Dischargevoluntary resignation; Failure to report to work after a Layoff, within three lay- off for twelve (312) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the workercon- secutive months ; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to the Board within the t i m e specified i n a recall notice or failure to report f o r work at on the expiration of date specified in a leave of recall notice unless unable to do so through personal illness or other valid reason; absence pursuant to this Agreement; Taking employment elsewhere during the period of from work for three consecutive working days without a contractual leave of absence without the express consent valid reason. TRADE UNION REPRESENTATION The Union shall elect or appoint two stewards from each of the Employer unless on layoff. Accepting a position with areas, and two stewards from the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this AgreementBoard and/or Area Offices.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority shall be defined as the worker’s an employee's length of continuous service with the Employer in the bargaining unit commencing with since their last hiring date. "Last hiring date" shall mean the date and hour on upon which an employee first reported for work as a Classified employee at the worker first began instruction of the Employer unless the employee has quit or been discharged except as provided in Article 12, number 1 (one). No time shall be deducted from an employee's seniority due to absences occasioned by authorized leaves of absences, vacations, sick or accident leaves or layoffs for lack of work in a bargaining unit positionexcept as hereinafter provided. Seniority shall not accrue to probationary for part-time employees during will be pro-rated based on 2080 hours per year as full-time employment. To break a tie when two (2) or more employees have the probationary period. However, at the successful completion of the probationary periodsame hiring date, the worker’s employees’ seniority shall be retroactive ranked in descending order of the sum of the individual units of their Social Security Number. In case of a second tie, the last four (4) digits of the Social Security Number will be added for a second total to determine their first day seniority. In case of work in a further tie, the last five (5) digits, six (6) digits, etc., will be used to break the tie. An up-to-date seniority list shall be prepared by the Employer and presented to the Local Union President on January 31 and July 31 of each year. The Seniority list will show the names, job classification, campus and level, full and part time, step, department, and supervisor, ordered by seniority date from most senior to least senior for all bargaining unit members. If a part-time employee applies for a posted position or is to be laid off within Local 2042, seniority will then be computed on a pro-rated basis of 2080 hours per year. If a part-time employee transfers to a full- time position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any pro-rated and the employee’s name shall be placed on the seniority list in accordance with the corrected date. The Employer agrees to furnish the names and dates of all newly hired employees, all transferred employees, re-hired employees, and reclassified employees covered under this contract. The Employer also agrees to furnish the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoffjob classification, within three (3) days after receipt titles, and representational areas of written notice of recall sent by the Employer these employees to the worker at hisUnion Secretary/her last address of record on file with the Employer or Treasurer within ten (10) regularly scheduled working days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementaction.

Appears in 1 contract

Samples: Classified Master Agreement

SENIORITY. (a) For the purpose of layoff and recall, the principle of seniority is hereby established for employees in the bargaining unit. (b) Seniority shall be defined as established after an employee has worked in an established represented classification a period of "ninety (90) cumulative working days within a nine (9) month period." Any employee who acquired seniority prior to this Agreement will retain the worker’s length seniority date currently assigned. Any employee hired or rehired after the date of continuous service this Agreement will acquire seniority in accordance with the Employer paragraph above. For example: If an employee starts in January, he has until the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionend of September to qualify for seniority. Seniority shall not accrue to probationary employees during the probationary period. However, If at the successful completion end of September he has not qualified for seniority, then the probationary periodnine (9) month period is extended to the month of October, and the worker’s month of January is dropped. (c) An employee's seniority under this Article shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of terminated under the following reasonsconditions: Voluntary quit; Discharge; Failure 1. If the employee is discharged for cause. 2. If the employee quits. 3. If the employee fails to report to work after a Layoffat the time specified by the Employer or within forty-eight (48) hours (Saturday, within three Sunday and holidays excluded). (a) The Employer will place his recall order with the Union, naming employees eligible to be recalled for such order by Seniority List. The Employer shall at the time of placing such order send the "Official Notice of Recall" to such eligible employee in the manner covered in Item 3.5 (c) (3) days after (d) below. Upon receipt of written notice such "Notice of Official Recall" the employee must report for work within forty-eight (48) hours or suffer loss of seniority. (b) The Union shall make every reasonable effort to notify the employee by telephone of his recall sent and time to report to the Employer. (c) Employees contacted by the Employer Union shall make every reasonable attempt to report for work at the time specified by the Employer. (d) A list of those employees not contacted by the Union, and those contacted who inform the Union they are not answering the recall, shall be given to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of within twenty-four (24) hours after the Union receives the recall order. The Employer shall then notify the employee (unless "Notice of Recall" is sent under Item 3.5 (c) (3) (a) above) by telegram, Certified or Registered letter to the employee's last address on record. The Employer shall notify the Union, in writing, within two (2) working days, of receipt of an unacknowledged letter. It is the employee's personal responsibility to maintain a current address and telephone number with the Employer and the Union. Upon receipt of such "notice of recall" the employee must report for work within forty-eight (48) hours or suffer loss of seniority. Individual problem cases shall be handled on their merit by the Employer and the Union. 4. Any employee absent for three (3) consecutive months, work days or (b) more without notification and furnishing a justifiable reason for the period of the worker’s length of service, whichever is less; Absence from work without notifying the such absence shall be considered to have voluntarily terminated his employment. Exceptional cases will be handled on their merit. Employees on Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a approved leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority industrial injury shall not be subject to this provision. 5. If the grievance and arbitration provisions employee is laid off for lack of this Agreement.work from the Employer's active payroll for a period of one (1)

Appears in 1 contract

Samples: Todd Shipyards Corp

SENIORITY. Seniority as referred to in this Agreement shall be defined as the worker’s mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. It shall have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list shall be posted by the Employer. Employees will have two weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. If an employee is hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, such service will be recognized for the purposes of wage and benefit administration and entitlement. In the event that an employee elects to bump into the bargaining unit pursuant to Article from other Distribution Centre buildings, previous service earned at that Distribution Centre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood that all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement shall receive full recognition for any service which may have been earned at the Employer's City View Distribution Centre for all purposes under this Collective Agreement. An employee shall be considered on probation and shall have no seniority until he has worked sixty (60) consecutive working days in the bargaining unit. Upon completing such period the employee will be placed on the seniority list as of his last date of hire. An employee on probation shall hold no seniority and the employer shall have the right to discharge, demote, suspend, reprimand, lay off or otherwise discipline a probationary employee providing they act in good faith and in a non-arbitrary manner When filling permanent vacancies and on lay the skills, ability, dependability and qualifications of employees together with the results of any tests deemed by the Employer to be relevant shall be given consideration. If there is any choice to be made between two employees who are otherwise relatively equal, the employee having the greater seniority shall receive the preference. In all instances, regular full time (Material Handlers, Maintenance and full-time split case) will be given first preference by seniority and then material processors. Recalls from lay off will be conducted by seniority if the employee is capable of doing the job. Regardless of seniority, the Chief Xxxxxxx will be the last employee laid off and the first to be recalled. When the work force is reduced, employees will be laid off in the following order: material processor and regular full time. Permanent vacancies are defined as vacancies that are expected to or do last in excess of thirty (30) days. Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit commencing with occurs, subject to the date and hour on which the worker first began work criteria set out in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority article To facilitate such applications any such vacancy shall be retroactive posted for a period of two full clear working days. There will be a maximum of three for a vacancy the original posting to their first day of work in fill the bargaining unit position, vacancy and shall accrue during his/her continuous employment with the Employer within two subsequent for the bargaining unit covered by this Agreementvacancies created. Seniority shall accrue and not Any further vacancy that occurs after the second subsequent posting may be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent filled by the Employer without posting. Should the successful applicant to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive monthsa posting be unsatisfactory, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above he shall be considered as a new employee returned to his former job and the vacancy may be filled from other applicants if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementany are qualified without further posting.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority An employee will be considered a probationary employee until they have been employed by the Company for a period of three (3) continuous calendar months. During such probationary period they will have no seniority rights but once seniority is acquired it will be regarded as having started from the date upon which such probationary period commenced. Notwithstanding any other provisions contained in this Collective Agreement, the termination of employment of a probationary employee shall be at the sole discretion of the Company. There shall be established a seniority list showing bargaining unit employees in order of seniority. Such list shall show the employee's seniority and the department in which the employee holds such seniority. Seniority lists shall be revised once every six months and copies supplied to the Union. Subject to the provisions of this Agreement, seniority shall be by department and plant-wide. For the purpose of applying the seniority provisions of this Agreement, such seniority provisions shall be applied only to the extent expressly provided in this Agreement. A seniority employee who is transferred to another department by seniority on an indefinite layoff layoff for a period longer than a temporary layoff as defined as the worker’s length of continuous service with the Employer on recall xxxxxxxxx, shall lose seniority in their former department in which hey had department seniority) and attain seniority in the bargaining unit commencing with new department after sixty (60) days in the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary periodnew department. However, at such employee's former job opens up within sixty (60) days in the successful completion of the probationary periodnew department, the worker’s seniority employee shall be retroactive return to their first day former job. An employee shall hold seniority in only one department at any one time. The appointment or selection of work in employees for supervisory positions or for any position not subject to the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit provisions of this Agreement is not covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining formerly a seniority employee in the bargaining unit, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their full accumulated service with the Company including the time worked outside the bargaining unit category, such as and they shall be placed in a supervisory job consistent with his seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or managerial role. A worker whose seniority is lost for any increase of the reasons outlined above working force, the following factors shall be considered as a new employee if considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between employees, the Employer again employs him or her. The failure qualifications factors and are relatively equal in the judgment of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.Company, factor

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority (a) The parties recognize that job opportunities and security shall increase in proportion to length of service. Therefore, it is agreed that in all cases of vacancy, promotion, layoff and re-hiring, senior employees shall be defined entitled to preference when qualifications as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent required by the Employer to the worker at his/her last address work are equal. In however, of record the responsibility of management for effective operation it is understood and agreed that in all such cases management shall have the right to pass over an employee if she does not have the ability to perform the work, subject to the right of the employee to grieve, Recognizing that job security shall increase in proportion to length ofservice and that it is the responsibility of management to maintain effective operations, the following guidelines will be implemented during work shortages: Work shortages of less than five (5) days expected duration will not be considered a layoff although every effort will be made to find work, on file a seniority basis, for these employees if requested. Work shortages of five (5) or more days will be considered a layoff. All shortages, layoffs or decreases in the work force resulting in a bumping situation will be discussed with the Employer Union prior to their implementation. An employee who is subject to layoff shall have the right to: accept layoff; or ten (10) days after written notice of recall is sent bumps the least senior employee in the same position first, then the same or level providing they have the ability and qualifications to perform the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period normal duties of the worker’s length job without training other than orientation. addition, when or more employees are in a bumping situation and positions identified to be bumped under and depending on the order of servicebumping in each instance, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at senior employee will determine the sole discretion of management and exercised in good faith; Unauthorized failure order wishes to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent bump. ,The decision of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory employee to choose or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered given in writing within five (5) working days following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff. Employees electing to bump will be paid the applicable rate for the job but will advance through the Schedule of Progressive Rates for new job as though no change had occurred. An will lose these rights should decline a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance comparable position for which they are qualified and arbitration provisions of this Agreementable.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority During the first ninety (90) calendar days of employment with the Employer, an employee shall be defined as considered a probationary employee and, on qualifying his seniority will date back to the worker’s length time of continuous service with hiring. During his probationary period an employee shall be subject to all provisions of this Agreement, save and except the Employer grievance procedure in the bargaining unit commencing with event of his discharge. In the date and hour on which event that the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion ninety (90) calendar days of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer are interrupted by a lay-off, the employee, if rehired within a period equal to his former service with the bargaining unit covered Employer, shall receive credit for the number of calendar days previously employed by this Agreementthe Employer. In lay-offs of employees from the Plants, seniority shall be the governing factor so long as it does not prevent the Employer from maintaining an adequate work force of employees who are most capable of performing the work to be done. Where the ability of two or more employees is relatively equal, seniority shall be the deciding factor. In the case of dismissal for just cause, all men affected will receive an hour's advance notice during which he will be permitted to clear his belongings. When a man quits a job he shall give the Employer one hour's notice. Permanent lay-offs shall be in accordance with the provisions of the Employment Standards Act. Seniority shall accrue and not be lost during a worker’s paid time apply as follows in calling back employees who are on lay-off: Last employee laid-off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken the first employee to be called back by his classification. If the Employer needs an employee for any of a certain classification, and there is no senior employee with such classification, then the Employer may call back the most senior employee who is able to perform the work. An employee will lose seniority rights and employment with the company for the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority Except as provided for in Article seniority of employees covered by this Agreement shall be defined as confined to the worker’s length of continuous service with the Employer in the bargaining unit commencing with seniority terminal at which employed and to the date of entry into the classification. Separate seniority lists will be maintained for the classifications of Stationary Firemen and hour on Engine Attendant at each terminal where such classifications exist. Main shops will be regarded as forming part of the seniority terminal at which the worker first began work in a bargaining unit positionthey exist. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority lists shall be retroactive to their first day compiled and posted in January of work in the bargaining unit positioneach year, and shall accrue during his/her continuous employment be open for correction for a period of sixty (60) calendar days after being posted. If exceptions are taken, or requests made for corrections, same must be made in writing to the immediate officer in charge, with copy to Local Chairman and the Employer General Chairman concerned, within the bargaining unit covered by sixty (60) day limit prescribed in this Agreementclause. Seniority If no exceptions are taken to a seniority list date within the sixty (60) day limit after it is first posted, the date shall accrue be established as correct and not changed thereafter, except by mutual agreement between the General Chairman and the appropriate officer of the Company, or for correction of typographical errors. Such seniority lists be lost during a worker’s paid time off (PTO)open for inspection and copies shall be furnished by the Company to the Local Chairman and the General Chairman concerned. For employees on layoff, union leave and during any paid leave of absence, annual vacation or approved unpaid leave absence because of absence not illness or injury at the time of posting, the sixty (60) calendar day period prescribed in Article shall begin on the date of return to exceed twelve (12) weeksservice. A worker new employee shall not accrue be regarded as permanently employed until he has completed days’ cumulative service. In the meantime, unless removed for cause which, in the opinion of the Company renders him undesirable for its service, the employee shall accumulate seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority from that date and seniority shall be broken for any regarded as coming within the terms of this Agreement. the event of an employee leaving the service during his probationary period when his services are required, upon re-entering the service, he shall rank as a new probationer. Probationary employees, if qualified, shall have preference of employment over the engagement of new probationary employees. Seniority territories shall not be changed except by mutual agreement between the appropriate officer of the following reasons: Voluntary quit; Discharge; Failure Company and the General Chairman. An employee presently filling or who may in the future be promoted to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer an official or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a excepted position with the Employer Railway will have his name continued on the seniority list of the group from which promoted and shall retain seniority rights and continue to accumulate while employed. If released from such official or excepted position an employee will within thirty days after such release exercise his seniority in his seniority group and failing to do so will forfeit his seniority, in which event his will be dropped from the seniority list. The General Chairman will be advised of all such appointments. Employees assigned to temporary service, or who are temporarily transferred from one point to another within a terminal by direction of Management, will retain their seniority; and such employees will not suffer any reduction in rate of pay when so transferred. The General Chairman will be advised when employees are temporarily transferred from one point to another. An employee who is temporarily transferred under this Article will retain prior rights to the position from which transferred except that such prior rights will not extend over a senior employee who has been displaced and is exercising seniority. Employees who have given long and faithful Service in the employ of the Company and who have become unable to handle heavy work to advantage will be given preference of such light work in their line as they are able to handle (subject to pension regulation age limits). Should an employee enter the service in the classification of stationary fireman, he shall be accorded a seniority date as labourer according to such date of entry into service. An employee promoted from a lower to a higher classification within the scope of this collective agreement shall retain and continue to accumulate seniority in the classification or classifications from which promoted. An employee promoted to a higher classification by another collective agreement shall retain and continue to accumulate seniority in the classification or classifications in which such employee held seniority at the time promoted until such time as the employee has been employed in the higher classification covered by another collective agreement for consecutive years. When the twoconsecutiveyear period has elapsed, the employee shall immediately revert to the labourer’s classification and assume his former seniority date on the labourer’s seniority list, except that such employee may, at the discretion of the proper officer of the Company, be permitted to remain in a non-bargaining unit categoryclassification covered by another collective agreement, such as a supervisory or managerial rolein which event the employee shall forfeit all seniority rights under the collective agreement governing stationary firemen, oilers and shop labourers. A worker whose seniority is lost for any of the reasons outlined above The Chairman shall be considered consulted when such promotions are made and shall be issued the names of employees reduced. Engine Attendants A separate seniority list will be maintained for the classification of engine attendant at each seniority terminal where such classification exists. An employee shall establish seniority as an engine attendant from the date assigned to a new regular engine attendant position unless removed from this classification in accordance with the provisions of Article At seniority terminals where the classification of engine attendant existed on April seniority lists shall be prepared on the following basis: All employees who were filling regular positions of engine attendant on March shall be placed on the list according to their seniority dates on the lists from which promoted. Shop helpers placed on the engine attendants’ seniority list shall, in addition, be placed on the labourers’ seniority list at that seniority terminal according to the date assigned to regular position of engine attendant. An employee if assigned to a regular position of engine attendant from other than the Employer again employs him or herranks of labourer shall be granted a seniority date as labourer which shall be the date assigned to the position of engine attendant. The failure of the Employer to rehire said worker after the loss exercising of seniority within a seniority terminal to displace a junior employee shall not be subject permitted except when positions are abolished, or rate of pay or hours of work or days off are changed. The affected employee shall have the right to displace the grievance junior employee in the designated work area of his choice with the shift, days off, hours of work and arbitration provisions rate of pay of his choice. Such employee affected shall be given, during his regular working hours, as much advance notice as possible but, in any event, not less than hours. The affected employee shall make his intentions known within hours of notification and subsequent displacement shall be made without undue delay. The Local Committee shall be consulted. In the application of this Agreement.Article the designated work area shall be as defined in bulletining positions in accordance with Article Note: For the purpose of Article above, the seniority terminal is defined as the point at which employed. Example: Angus Shops, the Diesel Shop Xxxx Yard would be recognized as separate points within the Montreal terminals. An employee with more than days' of cumulative service shall not be discharged for any cause whatsoever without being given a proper investigation. ARTICLE

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. ‌ Seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above regular employee shall be considered as a new such an employee if the Employer again employs him or her. The failure of the Employer Railway when: he has his period. he makes himself available to rehire said worker after the loss of seniority Rail- way for full time employment. Employ- ees not available for permanent employ- ment shall not be subject to the grievance and arbitration accumulate seniority. he has no other outside employment except where such employment may he specifically permitted under provisions of this Agreement.. It shall not be it cause discipline dis- charge an to seek and/or accept gainful employment while on provided the employee complies with Clause of this to all the A seniority roster of all employees. showing name and date of entry into the service. coming within the scope shall be posted in a place employees concerned. shall he and posted on January of each year. shall be open for correction fur of ninety the date of posting. on of proof of employee his accredited representative. the two tho will work. to by the they start the the will the Factor. All within the shall comprise seniority group. position seniority rights shall the seniority list. An transfer within the position not rights seniority period six If to six relinquish rights. working days' advance notice will be given in the case of a strike or work in the Railway industry, in which case a shorter notice may he given. Employees whose positions are abolished. who are displaced. will, within ten calen- dar clays of notification. exercise their senior- ity over any other junior employee. In the application of this Rule. employees will not necessarily be required to exercise seniority outside of their home station or terminal. Such employees shall notify the appropriate Rail- way Officer of the position to which they will exercise their seniority and shall fill posi- tion within five calendar of the date of notification: that an employee on approved of including annual vacation and bona fide sickness or injury. their position is abolished or arc displaced. may exercise their seniority within calendar days from expira- tion of approved leave of Note: An employee will be considered on laid he hisseniority at his home terminal In order to qualify for Job Security Payments under the Security Agreement, exhaust his seniority on system. notified and returned to work in be of Employees to themselves of this Rule must with proper Officer of the Procedure. In an is made, the duly accredited representative the employee shall be furnished, upon written request. the for the in writing. An assigned to a position by will receive a full explanation of duties of the position and must demonstrate his ability to perform the work within period thirty calendar days. the length of to he upon character the work. Failing tu demonstrate his ability to do work within the period allowed. he shall be returned to his former position without loss of seniority. Should an employee to dem- onstrate his ability to the work during the period he his Shop will entitled to an explanation in writing from appropriate Officer the Railway. including the lor which shall to in with the declining shall not lase their of within ten their return of including fide sick- xxxx or injury, exercise their seniority rights any during their OTHER discipline employees. He shall be a member of the Union and entitled to provisions of the Collective Agreement, RULE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority (a) Upon completion of forty-five (45) working days continuous employment with the Company, an employee shall be seniority employee and his name shall be placed on the seniority lists. In this case, his seniority shall date back to his hiring date. An employee may also acquire seniority after forty-five (45)working days intermittent employment within any month period and in this case, his seniority shall date from forty-five (45)working days prior to the date on which he attains seniority. Until an employee is placed on the seniority lists, he shall be considered a probationary employee and may not grieve discharge, layoff, or termination unless the layoff, discharge, or termination is in breach of the Human Rights Code or any other applicable Statute. For purposes of this paragraph only a working day shall be defined as the worker’s length successful completion of continuous service four (4) hours or more of actual work. Notwithstanding any other provision of this Agreement, discharge of probationary employees shall be at the discretion of the Company. Where more than one employee is hired on the same day, seniority (in case of layoff) will be determined by the time of day hired. employees disabled as a result of an occupational illness or injury compensable under the Workers' CompensationAct, and employees placed in a classification where he cannot be properly assessed to accommodate a physical limitation, shall be given full credit for all time actually worked towards seniority. Upon completion of forty-five (45)days actually worked, seniority will date from original date of hire. The Company will notify the Plant Chairperson, in writing, weekly, of employees having completed the days probationary period. A copy of payroll deduction authorization for union dues with the Employer in address and telephone number of the bargaining unit commencing with employee will be supplied to the date and hour Union within the next pay period. A seniority employee may exercise seniority on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work wide basis in the bargaining unit position, and shall accrue during his/her continuous employment accordance with the Employer within the bargaining unit covered by provisions outlined in this Agreement. Up to date Seniority Lists shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksmaintained monthly on notice boards where they can be seen by all employees. A worker shall not accrue plant wide and Skilled Trades Seniority List will be supplied to the Chairperson in seven (7) copies each The Company to send a copy of up to date seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weekslist, complete with names and addresses and clock numbers to Union Hall quarterly. A worker shall lose accumulated seniority LOSS OF SENIORITY Seniority rights will be lost, and seniority shall employment will be broken terminated for any of the following reasons: Voluntary quitIf quits; DischargeIf he is discharged and the discharge is not reversed: If is absent from work for more than three (3) working days without notifying the Company, unless a satisfactory reason is given; Failure If he overstays a Leave of Absence for more than three (3) working days and fails to give a satisfactory reason for doing so; If he fails to report to work after a Layoff, within three five (35) working days after receipt of written notice following the mailing of recall notice to his last listed address with the Company by registered mail or telegram. Notice will be given to the Union prior to the expiry date. An employee may be recalled by telephone or personal conversation. If he declares to, or in the presence of a Committeeperson, his intention of not returning to work, his seniority rights will be terminated and confirmation of this action will be sent to him by registered mail. This action may be waived by the Employer to Company in case of a disabling illness; If the worker at his/her last address employee: Who has less than six (6) months of record seniority, is on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) layoff for the a continuous period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis more than his accrued seniority at the sole discretion date of management and exercised in good faithlayoff; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss Who has less than one year of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.but more than six

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority A new employee will be considered a probationary employee until he has performed sixty (60) days of work for the Company. A day on which an employee performsfour (4) hours of work or more shall be defined as deemed to be one day worked for the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionpurpose hereof. Seniority shall not accrue to probationary employees during During the probationary period. However, period an employee will be entitled to no seniority and may be dismissed or laid off at the successful completion discretion of the Company. At the end of the probationary periodperiod the employee will be entered on the seniority list as of the date of his last hiring. For the purpose of applying the seniority provisions of this Agreement, such seniority provisions shall be applied only to the worker’s extent expressly provided in this Agreement. Subject to the provisions of this Agreement, seniority shall be retroactive to their first day by department and plant-wide. An employee with twelve 2) months or more of work seniority who enters a department as a result of hiring, job bidding or a request for transfer, shall establish his seniority in the bargaining unit position, department from the date of entry into such department and shall accrue during his/her continuous employment lose seniority in the department he has left. An employee's plant-wide seniority shall be and commence in accordance with the Employer provisions of Article hereof. The Company shall keep departmental and plant-wide seniority lists revised as of January and July of each year and such lists shall be posted by the Company on a notice board to be provided by the Company for that purpose. The seniority lists shall be posted in four (4) sections of the plant including the lunch room and shall contain the employees' name, number and seniority date. Once per year the employees' classification shall be set out. It is the obligation of the Union and employees to bring any errors in such lists to the attention of the soon as possible. Any act taken or done on the basis of the list prior to an error being brought to the attention of the Company shall stand. Any correction of the seniority lists shall take effect from the time of making the correction and such correction shall not operate retroactively. Upon request the Company will furnish the Union and the Shop Chairman every three (3) months with a copy of such seniority list. In filling permanentjob vacancies within the bargaining unit covered by and in cases of decrease or increase of the working force in the plant, the senior employee who is qualifiedto performthe work required shall be selected, retained in employment, or recalled, as the case may be. If a dispute arises as to whether the senior employee is qualified to perform the work required, the Company agrees to meet with the Shop Chairman the Chief Xxxxxxx within two (2) days to attempt to resolvethe dispute before a grievance is launched. "Permanent vacancy" as used in this Agreement. Seniority , shall accrue be deemed to mean a vacancy which the Company desires to fill and not be lost during which arises as a worker’s paid time off (PTO)result of: the death, union leave and during any paid leave discharge, promotion out of absencethe job, retirement or quit of an employee, or approved unpaid leave the creation of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent new bargaining unit job by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive monthsCompany, or (b) for any other job which the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not Company requires to be given for emergencies, determined done on a casefull-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementtime basis.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority as referred to in this Agreement shall be defined as the worker’s mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. It have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list shall be posted by the Employer. Employees will have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. If an employee is hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, such service will be recognized for the purposes of wage and benefit administration and In the event that an employee elects to bump into the bargaining unit pursuant to Article from other Distribution Centre buildings, previous service earned at that Distribution Centre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood that all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement receive full recognition for any service which may have been earned at the Employer's City View Distribution Centre for all purposes under this Collective Agreement. An employee shall be considered on probation and shall have no seniority until he has worked sixty (60) consecutive working days in the bargaining unit. Upon completing such period, the employee will be placed on the seniority list as of his last date of hire. An employee on probation shall hold no seniority and the employer shall have the right to discharge, demote, suspend, reprimand, lay off or otherwise discipline a probationary employee and the probationary employee shall have no recourse to the Grievance Procedure or Arbitration Procedure. Any such discipline shall be deemed to be for just cause and shall be deemed not to be a difference between the parties. When filling permanent vacancies and on lay the skills, ability, dependability and qualifications of employees together with the results of any tests deemed by the Employer to be relevant shall be given consideration. If there is any choice to be made between two employees who are otherwise relatively equal, the employee having the greater seniority shall receive the preference. in all instances, regular full time employees will be given first preference, regular part-time employees second preference and general help final preference. Recalls from lay off will be conducted by seniority if the employee is capable of doing the job. Regardless of seniority, the Chief Xxxxxxx will be the last employee laid off and the first to be recalled. When the work force is reduced, employees will be laid off in the following order: general help, regular part-time and finally regular full time. Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit commencing occurs, subject to the criteria set out in article To facilitate such applications any such vacancy shall be posted for a period of two (2) full clear working days. There xxxx be a maximum of three (3) for a vacancy the original posting to fill the vacancy and the two subsequent for the vacancies created. Any further vacancy that occurs after the second subsequent posting may be filled by the Employer without posting. Should the successful applicant to a posting be unsatisfactory, he shall be returned to his former job and the vacancy may be filled from other applicants if any are qualified without further posting. A newly hired employee or an employee who has successfully bid under this article shall not be entitled to bid for a subsequent posted job for six (6) months from the date of his employment or date of his successful bid except with the date and hour on which Employer's permission. The Employer may lay off employees for a period not exceeding five (5) working days without regard to the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion seniority provisions of the probationary period, Agreement. in the worker’s seniority event the reduces or eliminates a department or shift for more than five (5) working days the employees affected shall be retroactive to the most junior in that department and may exercise their first day of work seniority in the bargaining unit position, another department within any Distribution Centre building in or Metropolitan Toronto as per article and shall accrue during his/her continuous An employee will lose his seniority and his employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken terminated, for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority rights shall be defined as prevail on an Operating Center basis except Operating Centers in the worker’s length Broadway Building shall operate from one seniority list, and operating centers in the Eagan and Maple Grove buildings shall operate from one seniority list. The senior employ- ees in point of continuous service with the Employer shall be provided full-time employment when work is available in their respective job classifi- cations. If an employee is laid off in excess of two (2) weeks he/she may exercise his/her seniority rights in the bargaining unit commencing with event an employee jun- ior to him/her is working in the date classification in another Center in the same Local Union area; in which case he/she will then replace the most junior employee in the classification in that Center and hour on which must remain in that Center for at least two (2) years. In reducing the worker personnel because of lack of work or for other legitimate reasons the last employee hired shall be the first began laid off and re-employment shall be in the reverse order. Whenever a Center is closed and the work in a bargaining unit position. Seniority shall not accrue is transferred to probationary employees during the probationary period. However, at the successful completion of the probationary periodor absorbed by another Center, the worker’s affected employees will be entitled to follow their work and their seniority shall be retroactive dovetailed at the new Center. Whenever a Center is partially closed and the work is transferred to or absorbed by another Center, the affected employees may either follow their first day work and have their seniority dovetailed in the new Center or be allowed to exercise their seniority and remain in their present Center. If any of the employees whose work is transferred elects not to follow their work then the remaining employees on the seniority list from which the work was transferred may elect in sen- iority order to follow the transferred work and have their seniority dovetailed in the new Center. The employees who elected not to fol- low their transferred work will then in seniority order select the jobs vacated by those employees who chose to follow the transferred work. In the event that a permanent job opportunity develops in the clas- sification of work in at the bargaining unit positionoriginal center from which an employee moved as a result of the change of operation, and the employee shall accrue during be allowed to return at his/her continuous employment with expense on a one (1)-time basis to the Employer original center. This opportunity must take place within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any months of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by original move. This Section shall supersede the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last six- for-one provision elsewhere provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.

Appears in 1 contract

Samples: Local Union Supplement

SENIORITY. ‌ Seniority shall (a) A newly hired employee will be defined as the worker’s length considered on probation until after has completed forty-five (45) days of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionwithin any twelve (12) calendar months. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the such probationary period, the workerfulltime employee’s name will be placed on the appropriate seniority shall list with seniority dating from the date was last hired by the Employer. A new hired part-time employee will be retroactive to their first day considered on probation until after has completed hours of work in the part- time bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weekscalendar months. A worker shall not accrue Upon completion of such probationary period, the part-time employee’s name will be placed on the appropriate seniority while list with seniority dating from the date the part-time employee was hired by the Employer. If more than one employee commenced employment on Layoff or on an unpaid leave the same starting date and if any dispute arises concerning Seniority, the employee with the higher number of absence which exceeds twelve weekshours worked will have the higher seniority. A worker shall lose accumulated seniority and seniority shall be broken for any Both parties recognize the principle of promotion within the service of the following reasons: Voluntary quit; Discharge; Failure Employer and the job opportunity should increase in proportion to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service. Therefore, whichever is less; Absence from work without notifying the Employerin making staff changes, unless reasonable notification could not transfers, or promotion, appointment shall be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent made of the Employer unless on layoff. Accepting a position applicant with the greatest seniority having the necessary qualifications and ability to perform the work required. Seniority lists containing the names of all employees and their respective dates of hiring will be posted on the Union Bulletin Board and will be revised every six (6) months (January and July of each year). It is agreed that the Chairperson will be advised as soon as an employee commences employment as to their classification and hiring date. If there are no written complaints concerning the seniority list in the first sixty (60) days following its posting, the list shall be deemed to be accurate. Complaints raised after the sixty (60) day period will be addressed effective the date they are raised, and the Employer in a non-bargaining unit category, such as a supervisory or managerial roleshall have no liability for decisions and actions taken based on the posted seniority list. A worker whose seniority is lost for any The Employer will supply the Union Committee members and Stewards with sufficient copies of the reasons outlined above shall be considered Seniority List as well as forwarding a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject copy to the grievance and arbitration provisions of this AgreementLocal Union Office.

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority An application from a person who is employed on a temporary basis in bargaining unit position (such as for summer help or snow-shovelling, etc.) shall be defined as the worker’s length of continuous service with the Employer first to be considered in the bargaining unit commencing with event a full-time job becomes vacant, other than jobs which are required to be posted under Article All employees, including probationary employees, have recourse to the date and hour on which grievance procedure if disciplined or discharged. However, the worker first began work in standard for discharging a bargaining unit position. Seniority shall not accrue to probationary employees during employee will be a lesser standard than for those employeeswho have successfully completed the probationary period. However, at Probationary employees may be discharged for unsuitability unsatisfactory performance. Temporary employees may be hired by the successful completion Board for a period of the probationary period, the worker’s seniority shall be retroactive up to their first day of six (6) months for relief work in the bargaining unit position, and shall accrue or during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absencepeak periods, or approved unpaid leave for a period of absence not up to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on months to replace an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined employee absent on a case-by-case basis at the sole discretion of management Pregnancy Leave Parental Leave, and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall these periods they will not be subject to the grievance and arbitration provisions terms of this AgreementAgreement except as to the wage rate and the check-off provision as provided for in Section Temporary employees shall receive vacation pay of of gross earnings excluding the vacation pay, for each pay period, payable on the regular pay cheque applicable to that period. It is understood, however, that employees on lay-off, and in all cases having the required qualifications and experience for the job, will be recalled before any new temporary employees are hired under this section. The periods noted above may be extended by mutual agreement The Union shall be advised of temporary appointments under this section. It is also understood that no regular employeeswill be laid off as long as temporary employees are employed by the Board in the same occupational classification. on Transfer for Accommodation Purposes The parties hereto agree that an employee transferring from one bargaining unit to another under “Duty to Accommodate” shall carry with her or him full credit for seniority and service earned while in the former bargaining The Board will consult with the Local President and the bargaining unit committee regarding permanent placements within that bargaining unit under “Duty to Accommodate”.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority A seniority list of Employees covered by this Agreement shall be defined as the worker’s length of continuous service with posted by the Employer annually in January each year. Such list shall show the names and dates of last entry into Employer's service, from which date seniority shall accumulate. An Employee transferred or promoted to a position which is excluded from the bargaining unit commencing with shall, in the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue event of his subsequent return to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksmonths, be reinstated on the seniority list as if he had remained in the bargaining unit. A worker shall not accrue If such an Employee returns to the bargaining unit after twelve (12) months following his transfer or promotion, his seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority date shall be broken the date of his return to the bargaining unit. An Employee who has been laid off shall retain his seniority status for any a period of the following reasons: Voluntary quit; Discharge; Failure fifteen (15) months. If recalled to report to work after service in a Layoffclassification covered by this Agreement within fifteen (15) months of day of lay-off, within three he shall be reinstated with seniority status held at time of lay-off. An Employee who resigns or is discharged for just cause shall forfeit all seniority rights under this Agreement. When two (32) days after receipt of written notice of recall sent or more Employees are hired by the Employer on the same calendar date, the Employee whose surname is first alphabetically will be shown as such on the seniority list. Protests in regard to seniority status shall be submitted in writing to the worker at his/her last address of record on file with the Employer or ten within thirty (1030) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent publication of the Employer unless on layofflist. Accepting a position with the Employer in a non-bargaining unit categoryWhen proof of error is presented by an Employee or his representative, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above error shall be considered as a new employee if corrected, and when corrected, the Employer again employs him or heragreed upon seniority date shall be final. The failure of the Employer An Employee with less than six (6) months service shall be on probation and may not exercise seniority rights nor grievance procedure relating to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementhis separation while on probation.

Appears in 1 contract

Samples: Employees

SENIORITY. ‌ Seniority Full-time and part-time employees who have completed their probationary period shall be defined have seniority. Employees shall have earned seniority for all time prior to the effective date of this Agreement in continuous employment with the Employer.' For all time on and after the effective date of this Agreement, seniority shall accrue as the worker’s length of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within in a position in the bargaining unit covered by this Agreement. 1 This includes any and all time of continuous employment at any of the Prospect CharterCARE, ChareCARE and/or pre- CharterCARE facilities. Seniority will govern with respect to matters such as the filling of vacancies, vacation accrual and scheduling, service area (tract) assignments, layoff, recall and as otherwise provided for in this Agreement. Layoff/Bumping Management has the right to layoff employees for lack of work. Layoff for lack of work shall accrue be in the order of seniority within the job classification, least senior first. Employees in the non-professional bargaining unit who have been designated for layoff may fill an available bargaining unit vacancy provided they are qualified. Such employees will be required to fill an available vacancy for which they are qualified if it involves the same department and number of regularly scheduled hours per week as the position the employee held when the employee was designated for layoff. If an employee in the non-professional bargaining unit does not fill a vacancy pursuant to the preceding paragraph, then she/he will have the option to be lost during laid off or, if qualified, to bump. In that regard, the laid off employee may bump a worker’s paid time off (PTO), union leave and during any paid leave junior employee in a different job classification provided that the employee exercising the bump can perform the essential functions of absence, or approved unpaid leave of absence the job with an orientation not to exceed twelve fourteen (1214) weekscalendar days. A worker shall Notwithstanding, a regular part time employee can only bump another regular part time employee - provided however that a part time employee cannot accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a bump into another part time position with a greater number of regularly scheduled hours than the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementpart time position previously held.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. ‌ Seniority The Company the principle of se- niority. In the application of seniority, it shall be defined as determined by Lumber Division or Woodlands Division seniority but the workerseniority of each Division will be separate and distinct from the seniority of the other. The selection and promotion of supervisory officials from the bargaining unit shall be entirely a matter for the Company’s decision, in making such selection or promotion, length of continuous service will be given due consideration. In the event of a reduction of forces, the last per- son hired shall be the first released. It is agreed between the parties that seniority dur- ing lay off shall be retained on the following basis: Employees with less than one year of service shall retain their seniority for a period of six months. Employees with one or more years service shall retain their seniority for one year, plus one additional month for each year’s service up to an additional twelve months. It shall be the employer’s to maintain an address file of the employees and it shall be the employee’s responsibility to notify the employer in writing of any change of address. For the purpose of establishing seniority for all employees during the term of the Agreement, it is hereby agreed that seniority shall be by number starting with Number One When an employee leaves the operation his number shall cease to exist and shall not be given an employee entering into the employ of the Company. Notwithstanding anything to the contrary in this Agreement it shall be mutually agreed that all employees are hired on probation, the probationary period to continue for Forty-Five calendar days during which time they are to be considered probationary employees only. During this same period no seniority rights shall be Upon completion of Forty-Five calendar days they shall be regarded as regular employees and shall then be entitled to seniority dating from the day in which they entered the Company’s employ. When hiring new employees consideration for pre- xxxxxxx shall, subject to the same conditions as in and be given to those employees of the Company having previous seniority and who have applications on file. The Company agrees to provide the Union with a Seniority list, by Division, of the Company’s employees by number once each six months, setting out the number, name, camp (Woodlands Division) and seniority with the Employer Company of each employee. The seniority of the employees will be posted on the bulletin boards in conjunction with the list being sent to the Union. In any where an employee has been trans- ferred by the Company to a supervisory position and at a later date ceases to be a supervisory worker and the Company desires to retain his services, it is hereby agreed that reinstatement can be made within the bargaining unit, provided however, that supervisory workers reinstated in the bargaining unit commencing must return within one year to the job held at the time of their promotion to a supervisory position providing the job is not held by an employee having more Plant seniority. If the employee returns to the bargaining unit after the expiration of one year from the date of his promotion, he shall return to a base rate job to which his seniority entitles him. Supervisory employees in above shall have their seniority frozen while in a supervisory position. An employee shall cease to have seniority and his employment shall be terminated if the employee: Is discharged for proper cause. Terminates his employment with the date and hour on which Company. Does not return to work fifteen days after he is called back to work. In case of major recalls after reduction in the worker first began work labour force employees will be notified by telegram at least fifteen days in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion advance of the probationary periodcommencement of operations. Upon receipt of the recall the employee will notify the Company by telegram, Collect, within seven days of his intent to work on the workerspecified date. It shall be the employee’s responsibility to keep the Company informed of his address during layoff. Recall notice will be sent to the last known address on record of the employee. During a reduction of work forces when an em- ployee’s seniority is such that he will not be able to keep his regular job he may elect to apply his seniority to obtain a job paying a higher rate if he has previously held the job in the operation on a regular basis. He may also elect to apply his seniority to obtain a lower paid job or a job paying the same rate of pay, provided he is able to perform assigned work. Upon increasing the workforce, an employee shall be returned to service in order of seniority, provided he is able to perform the work. Employees exercising their seniority shall be retroactive to their first allowed a day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.refamiliarisation

Appears in 1 contract

Samples: Master Agreement

SENIORITY. ‌ Seniority An employee shall acquire seniority rights after ninety (90) calendar days in any consecutive twelve (12) month period terminating during the life of this Agreement in which event the employee’s seniority date will be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with a date ninety (90) days prior to the date and hour on which the worker first began work employee’s seniority rights were acquired. Notwithstanding the foregoing provision, employees hired as will not acquire seniority rights, nor acquire credit towards seniority rights except as provided in Section and Section of this Collective Agreement. An employee shall be a bargaining unit positionprobationary employee until such employee has acquired seniority rights at which time the employee becomes a seniority employee. As used throughout this Agreement an “eligible employee” or “Seniority employee” shall refer to a who has acquired seniority rights in accordance with the provisions of paragraph (47) of this Agreement and does not accrue to probationary employees during the probationary periodinclude vacation replacements or excluded employees. However, at the successful completion of the probationary period, the workerAn employee’s seniority shall be retroactive to their first day of work in broken: if the bargaining unit position, and shall accrue during his/her continuous employment with employee quits; if the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue employee is discharged and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken reinstated; if the employee is absent for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) working days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without properly notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at satisfactory reason is given; if the sole discretion of management and exercised in good faith; Unauthorized failure employee fails to report for work in accordance with a notice of recall by registered mail and/or courier service which is clear in intent and purpose or within five (5) working days after receipt of such notice, whichever is later, unless a satisfactory reason is given; if the employee fails to report for work at within five (5) working days after the expiration of any leave granted to the employee, unless a satisfactory reason is given; Subject to the provisions of Section and Appendix if the employee is laid off or is absent on a sick leave for a continuous period equal to the seniority such employee had acquired at the time of such layoff or absence pursuant to this Agreement; Taking employment elsewhere during or the period of a contractual leave of absence without one year, whichever is greater. The Local Committee Chairperson shall be informed by the express consent employer of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the anticipated loss of seniority by the employee one week in advance of the anticipated occurrence; if the employee retires or is retired under the terms of the Pension Plan Should an employee’s seniority be broken and should the employee thereafter be rehired, such employee shall not on such rehiring be subject a Probationary Employee. Up-to-date seniority lists shall be made available to the grievance each Committee Chairperson quarterly. This list shall include departmental and arbitration provisions of this Agreementpension dates.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. ‌ Seniority shall be defined as the worker’s length A. voluntary quit or discharge for just cause seniority, from work on account of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. Howeveran accident, at the successful completion of the probationary periodillness, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, disease or approved unpaid leave of absence does not to exceed twelve (12) weeks. A worker shall not accrue break The plant offices seniority while on Layoff or on an unpaid leave of absence list which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority is posted shall be broken revised by the Company every three The names of employees commencing employment on the same date shall be entered on such list in alphabetical order. In the event that a lay-off becomes necessary, the Company will retain at work the employees having the greatest plant offices seniority provided that these employees have the necessary qualifications for the performance of the work available. who are laid off, in accordance with paragraph shall be given a minimum of one week’s notice, unless otherwise required by the Standards Act of Ontario. PAY who are laid off in addition to the notice given under paragraph shall receive two weeks severance pay for each full year of service and a proportional amount for any remaining part year, paid at their current salary. One week’s severance pay shall be based on current monthly salary divided When an employee who has received under this clause is later recalled, (or an employee who has received severance pay under a similar clause from any other plant the Company is hired from another plant of the following reasons: Voluntary quit; Discharge; Failure Company under the provisions of Clause of this within a time interval “shorter than the number of weeks” for which severance pay was granted, amount of excess severance pay paid to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above employee shall be considered as an advance in pay by the Company and shall be repayable by payroll deduction, In the event that a new employee if lay-off is required, the Employer again employs him or her. The failure of Company will advise the Employer to rehire said worker after Union and discuss the loss of seniority shall not be subject reasons prior to the grievance lay-off talking place and arbitration provisions prior to the being advised. Company will endeavour to make lay-offs on a Friday, 1 ‘I increasing the work force, laid off employees shall he recalled in accordance with plant offices seniority provided they have the necessary qualifications for the performance of this Agreementwork available. It shall be the laid off employee’s responsibility to notify the Company of any change of address.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority means the relative ranking of employees as deter- mined by their respective lengths of accumulated service since their last date of hire with the It is understood that seniority accumulation for part-time employees shall be defined as based on hours worked. Part-time employees will accumulate seniority on the worker’s length basis of continuous service with the Employer one year's seniority for each hours worked in the bargaining unit commencing with as of the last date and hour of hire, except as otherwise provided herein. Seniority will operate on which the worker first began work in a bargaining unit positionwide basis. Seniority shall not accrue Notwithstanding the above, employees hired prior to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall October will be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment credited with the Employer within seniority they held under the bargaining unit covered by Agreement expiring November and will thereafter accumu- late seniority in accordance with this AgreementArticle. Seniority shall accrue For purposes of accumulation of seniority, transfer of sen- iority and not be lost during a worker’s paid service, progression on the wage grid and progression on the vacation schedule, all part-time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority employees' service and seniority shall be broken for any converted as at October IO, on the fol- lowing basis: Employees' hours of service x = Converted hours of service 4 PREGNANCY LEAVE leave will be in accordance with the provisions of the following reasons: Voluntary quit; Discharge; Failure Employment Standards Act, except where amended in this provision. The service requirement for eligibility- for pregnancy leave shall be thirteen weeks of continuous service. The employee shall give written notification at least two weeks in advance of the date of commencement of such leave and the expected date of return. At such time she shall also furnish the Hospital with the certificate of a legally qualified medical practitioner stating the expected birth date. The employee shall reconfirm her intention to report return to work after a Layoffon the date originally approved in subsection above by written notification received by the Hospital at least two weeks in advance thereof. Effective on confirmation by the Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, within three (3) days after an employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of written notice Unemployment Insurance pregnancy benefits pursuant to Section of recall sent the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between seventy-five percent of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two-week Unemployment Insurance waiting period, and receipt by the Employer Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of fifteen weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the worker at his/commencement of the leave times her last address of record normal weekly hours plus any wage increase or salary increment that she would be entitled to if she were not on file with the Employer or ten (10) days after written notice of recall is sent pregnancy leave. The employee does not have any vested right except to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan. Credits for service and seniority shall accumulate for a period of up to seventeen weeks while an employee is on pregnancy leave on the worker’s length basis of servicewhat the employees normal regular hours of work would have been. The Hospital will continue to pay its share of the contributions of the pension plan in which the employee is participating, whichever for a period of up to seventeen weeks while the employee is less; Absence from work without notifying on pregnancy leave. Subject to any changes to would have occurred had leave, the Employeremployee shall duties, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis the same shift at the sole discretion same rate of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementpay.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority New employees will be considered as probationary employees until they have worked a three month probationary period within any twelve month period. Probationary employ- ees shall have no seniority rights but, after completing the proba- tionary period, their seniority shall be defined as the worker’s length of continuous service with the Employer in the bargaining unit commencing with dated back to the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during of commencement of the probationary period. However, at the successful completion Periods of the probationary period, the workerabsence from work during which senior- ity is not broken in accordance with shall not affect an employee’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreementseniority. Seniority shall accrue be applied on a Bargaining Unit basis. Seniority lists showing employees’ names, job titles, and not where applicable, classifications, shall be posted on bulletin boards and revised every six months. A copy of the seniority list will also be supplied to the Bargaining Unit. Protests in regard to seniority standing must be submitted in writing within sixty days from the date when the seniority lists are posted. When proof of error is presented by an employee or the grievance com- mittee such error will be corrected. Seniority shall be lost during a worker’s paid time off (PTO), union leave if an employee: Voluntarily leaves the employ of the Company; Is discharged for just cause and during any paid leave is not reinstated pursuant to the provisions of this agreement; Is absent for three consecutive working days without notifying the Company of the reason for such absence, or approved unpaid leave of absence and if upon such notice the em- ployee does not have a justifiable reason for his absence; Fails to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report return to work after a Layoff, lay off within three (3) five working days after receipt of written notice of recall sent notification from the Company by registered mail to his last known address unless it is shown that such failure has been caused by circumstances beyond the Employer to the worker at his/her last address of record employee’s control; Is on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) lay off in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s his length of serviceservice but in no case will it exceed four years. For the purposes of Article IX, whichever is less; Absence from work without notifying Section a reduction in the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion number of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer employees in a non-bargaining unit category, such as a supervisory job due to the volume of work or managerial role. A worker whose seniority is lost for any of the economic reasons outlined above shall be considered as deemed to be a new lay off. For the purposes of Article IX, Section “loca- tion” shall mean the plant, branch or division office at or out of which the employee if works. Lay offs and recalls shall occur in the Employer again employs him or hermanner hereinafter set forth, provided that there are avail- able senior employees who are sufficiently quali- fied, willing and able to do the work required. The failure of In the Employer to rehire said worker after event lay offs are required, the loss of seniority following procedure shall not be subject to the grievance followed: all Temporary Employees and arbitration provisions of this Agreement.Construction Labour Pool Employees shall be laid off first;

Appears in 1 contract

Samples: Agreement

SENIORITY. ‌ Seniority Until an employee has completed a probationary period of forty days worked he shall be defined as considered to be on a probationary basis, having no seniority rights, and his employment may be terminated by the worker’s length Company without recourse to the grievance and arbitration of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionthis agreement. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon satisfactory completion of the probationary periodperiod the employee’s name will be placed on the master seniority list with seniority dating from the date the employee started with the Company. When two or more employees attain seniority on the same date, they will be placed in alphabetical order on the master seniority list. When a permanent vacancy occurs, the worker’s seniority job will be posted on the bulletin boards in the plant for a period of five working days before being filled. During this employees wishing to bid for the job, with no restriction across shifts, should make application to their xxxxxxx and if the job is filled by an employee already in the plant it shall be retroactive the with the highest seniorit, skill, competence and efficiency being relatively equal. The successful applicant for a job posting shall be paid the rate the vacant job on actual performance of the job. If the successful applicant previously performed the vacant job at the three month rate he shall immediately receive the three month rate. Permanent job shall state the job classifications, shift, rate of pay, date job is expected to their first day of work in the bargaining unit positionbe filled, and shall accrue during his/her continuous employment with any other reasonable eligibility requirements be met by the Employer successful applicant. All relevant data relied on by the applicant must be stated fully by him on the application form provided by the Com- pany. The Company will give written confirmation of its deci- sion on permanent job within three working days following the bargaining unit covered by this Agreementexpiration of the above notice period. Seniority shall accrue and An employee is not be lost during a worker’s paid time off (PTO), union leave and during permitted io post from one permanent job to another permanent job more than once in any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeksconsecutive six month period. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker An employee shall lose accumulated his seniority and seniority his employ shall be broken terminated for any of the following reasons: Voluntary quit; Discharge; Failure If the employee quits. If the employee is discharged and such discharge is not reversed through the grievance procedure. If the employee has been laid off and fails to report to return work after a Layoff, within three (3) five working days after he has been notified by the Company to do so, or fails to advise the Company within working days of receipt of written notice of his intention to return. of All employees who are on layoff who are subject to recall sent rights under the provisions of the previous contract as of April shall be subject the terms of the renewed agreement dated August If employee with less than twelve months seniority has been laid off for a period in excess of twelve consecutive months without being recalled work by the Employer to the worker at his/her last address of record on file Company. If employee with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) more than twelve months seniority has been laid off for a period in excess of twenty-four (24) consecutive months, or (b) for without being recalled to work by the period of Company. If the worker’s length of service, whichever employee is less; Absence absent from work for more than two consecutive working days without notifying providing a reason satisfactory to the Employer, unless reasonable notification could not be given Company for emergencies, determined on a case-by-case basis at such absence. If the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of employee overstays a leave of absence pursuant to this Agreement; Taking employment elsewhere during granted by the period Company without securing an extension of a contractual leave of absence without such leave. If the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementretires.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. ‌ Seniority shall A new employee will be defined as the worker’s length considered on probation until he has completed hours of continuous service with the Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit positionwithin any twelve calendar months. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the probationary period, the worker’s seniority period he shall be retroactive credited with seniority to their first day hours. With the written consent of work in the bargaining unit positionthe probationary employee, and the President of the Local or designate, such probationary period may be extended. Any extension agreed to will be in writing and will specify the length of extension. The release or discharge of an employee during the probationary period shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during the subject of a worker’s paid time off (PTO), union leave grievance or arbitration and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management the Hospital. The Hospital agrees to provide the Union, with a list showing the number of hours worked for each employee who has completed the probationary period since they last commenced employment with the and exercised in good faith; Unauthorized failure their seniority standing under Article A copy of such list will be provided to report to work at the expiration Union as of a leave the first day of absence pursuant to January and July during the term of this Agreement; Taking employment elsewhere ,, Copies of such seniority lists will be posted oh the bulletin boards as provided by the Hospital. Not applicable. The following is a' list of departments purposes: for seniority Nursing Nutrition and Food Services Environmental Services Building Services -- JOB POSTING The successful will be placed in the vacancy for a trial period not exceeding four hundred and ninety--five hours and if the employee proves satisfactory, then he shall be permanently assigned to the vacancy. If the employee proves unsatisfactory during that time, or if the period of a contractual leave of absence without employee feels he is unable to perform the express consent duties of the Employer unless on layoff. Accepting a vacancy to which he is posted, the employee will be returned to his former position with or an equivalent at his former salary or rate of pay, as will any other employee in the Employer in a non-bargaining unit category, who was promoted or transferred by reason of such as a supervisory or managerial roleplacing. A worker whose seniority is lost for any of the reasons outlined above Newly hired employees shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority terminated and such termination shall not be subject to the grievance and arbitration provisions of this Agreementprocedure.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. ‌ Seniority Unit seniority shall be defined as the worker’s length of continuous service commence with the Employer first date of employment to a permanent position in the bargaining unit commencing with unit. Involuntary layoffs will not result in lost time. Time lost as a result of non-compensable leave shall be subtracted from accrued seniority. Time lost shall be subtracted on a full month basis using the majority of work days in a month as the determiner. Seniority adjusted as a result of time lost shall be reflected on the ensuing November seniority list. (Example: First date of employment from January 1, 1990 less time loss of six (6) months seniority date adjusted to July 1, 1990.) : A seniority list of employees will be furnished to the Association by November 1st, setting forth the order of seniority by name and by accrued seniority in the bargaining unit. The seniority of more than one employee hired on the same date and hour on which having achieved the worker same accrued seniority shall be determined alphabetically by last name, first began work in name, and middle initial. The Association will be provided a bargaining unit position. Seniority shall not accrue to probationary list of terminated employees during the and newly-hired employees who have completed their probationary period. However, at : Part-time employees shall receive sick leave and holiday pay on a pro-rated basis determined by a fraction the successful numerator of which shall be the hours worked by the employees and seven (7) hours as the fractional denominator. Part-time employees are not eligible for vacation benefits : Each employee and the Association shall have accepted the seniority list in total if no objections have been received within five (5) working days following the distribution of the seniority list. : Seniority acquired by an employee from another bargaining unit may be used in this unit for fringe benefits only and only to the extent that fringe benefits are available under this Agreement. : New employees hired by the District from the outside shall be probationary for the first sixty (60) work days of their work year. Upon success of completion of the probationary period, the worker’s new hire shall attain seniority status. New employees while in their probationary period may be terminated without recourse to the grievance procedure, but shall be retroactive to their first day of work in represented by the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit covered by Association for all other purposes under this Agreement. Employees during their probationary period are not entitled to fringe benefits earned by regular assigned employees not on probation. : Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of and employment in the following reasons: Voluntary quit; Discharge; Failure to report to work after a Layoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) days after written notice of recall is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee District ended if the Employer again employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement.employee:

Appears in 1 contract

Samples: Bargaining Agreement

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