ARTICLE Seniority shall commence to accrue upon completion of thirty (30) days probationary service with the Company and will revert back to actual starting date, The Company shall maintain a seniority list at all times and such lists shall be available for inspection at reasonable times by Officials of the Association. "Branch seniority'' is the total number of months an Employee has been employed at an individual branch, excluding part time Employees. Branch seniority shall be used; where qualifications and ability are equal, in determining the allocation of equipment. There shall be no bumping privileges used in the seniority system. At any time that a reduction in the personnel of the Company is necessary such reductions shall be determined on the basis of Company seniority and similarly in the re-hiring of laid-off personnel, the Employees with the greatest seniority shall be the first to be re-hired unless the classification does not warrant this, provided qualifications and ability are equal. Any Employee who has been laid-off for a period exceeding six (6) months shall, unless otherwise agreed, by the Officials of the Association and the Company, lose his seniority and if he is hereafter employed by the Company he shall be deemed to be a new Employee. An Employee may be granted a Leave of Absence for a period not exceeding six (6) months and shall not during the period lose his seniority among the Employees of the Company provided the said leave is applied for in writing and agreed to by the Association and the Company. Should the Employee wish his medical aid* to be maintained he must deposit with the Company three (3) months total of premiums on leaving and pay the last three (3) months premiums on notice, the Medical Aid Programme* is terminated on lay-off. * Provincial Health Care Only. Employees promoted to supervisory positions or positions not subject to this agreement shall retain their seniority for a period of nine (9) months in the Association should they not be able to hold the new job. If an Employee has been laid-off in accordance with the terms of this Article, he shall maintain contact with the Company by informingthe Company of his current address and of any change or changes which occur in his address during the period of lay-off. In the event that an Employee eligible for work in accordance with this Article the Company shall give notification to him. In the event that the said Employee does not contact the Company within one (I)week of the mailing of the said letter, the Company shall be free to call in to work the next Employee on the seniority list. This will not apply to a temporary call-back, The Association shall have the right, from time to time and at any time, to approach the Company in reference to lay-off, seniority and other matters in connection with this Article. When medically unfit to perform their duties, drivers will be continued on the seniority list until fit, or for (2) years, whichever comes first.
SECTION 114 Language of Notices, Etc........................... 16
Section 11.1 28 The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 29 of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided.
Section 117 Counterparts................................................. 47
SECTION 112 Governing Law..................................................14 SECTION 113. Legal Holidays.................................................14
Section 6.2 33 The Association representatives shall represent the Association and employees in meeting with 34 officials of the District to discuss appropriate matters of mutual interest. They may receive and 35 investigate to conclusion complaints or grievances of employees and thereafter advise employees of 36 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 37 the grievances or complaints. They may not, however, continue to advise the employee on courses of 38 action after the employee has indicated a desire not to pursue a grievance. The Association may consult 39 with the District on complaints without a grievance being made by an individual employee.
Section 11.3 No Personal Liability of Directors, Officers, Employees, Stockholders or Incorporators........................... 31
Section 16.2 29 All provisions of this Agreement shall be applicable to the entire term of this Agreement 30 notwithstanding its execution date, except as provided in the following section.
Section 17.2 9 All provisions of this Agreement shall be applicable to the entire term of this Agreement 10 notwithstanding its execution date, except as provided in the following section.
SECTION 105 Notices, Etc., to Trustee and Company....................... 11
