Common use of ARTICLE Clause in Contracts

ARTICLE. 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 (6 )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 on an indefinite layoff (i.e. layoff for a period longer than a temporary layoff as defined herein), or on recall therefrom, shall lose seniority in their former department (Le., in which they had department seniority) and attain seniority in the new department after sixty (60) days in the new department. However, if such employee’s job opens up within sixty (60) days in the new department, the employee shall return to their former job. An employee shall hold only one department at any one time. The appointment or selection of employees for supervisory positions or for any position not subject to the provisions of this Agreement is not covered by this Agreement. A non-bargaining unit person, formerly a seniority in the bargaining unit, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their accumulated service with the Company including the time worked outside the bargaining unit and they shall be placed in a job consistent with seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or increase of the working force, the following factors shall be considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between employees, the qualifications in factors and are relatively equal in the judgment of the Company, factor (a) shall govern. When there is to be a layoff in a department the junior employees in the classifications affected shall be subject to be laid off provided the remaining employees are qualified to the work required. An employee so subject to will be assigned by the Company to available work or to work being performed by another employee with less seniority, subject always to the provisions of Article hereof. Wherever used in this Agreement, the words "qualified" or "qualifications", or the like, shall mean presently possessed of the accomplishmentswhich enable the person to perform the work required in accordance with the Company’s quality and production standards. In administering Article and the foregoing paragraphs of hereof, the following shall apply: “promotion“ shall be defined as a permanent transfer to a classification carrying a higher rate of pay than the employee’s rate or a classification which carries a higher range of rates than the range of rates in the classification, Time spent on layoff will not count in for incremental wage increases. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction of force the Company shall have the right to assign an employee affected by such a reduction of force to such vacancy providing they are qualified to perform the work in accordance with the Company’s quality and production standards. Notwithstanding anything contained in this Article an employee employed in connection with the production of a new product shall not be liable to be displaced by an employee with greater seniority prior to the Company having sold the product commercially, in quantity, to customers for at least twelve (12) months.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE. An employee will be considered a probationary employee until they have been employed by Seniority as referred to in the Company for a period Agreement shall mean length 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 service with the Employer, from the associate's last date upon which such probationary period commencedof hire. 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 (6 )months and copies supplied Subsequent to the Union. Subject to the provisions signing of this Agreement, and every six (6) months thereafter, a seniority list shall be posted by department and plant-widethe Employer. For the purpose of applying the seniority provisions of this Agreement, Associates will have two (2) weeks following such posting to clarify any disputes with respect to such seniority provisions after which the list shall be applied only accepted by the Union and all associates as correct. A copy of such lists shall be sent to the extent expressly provided in this AgreementUnion office. A seniority employee who It is transferred to another department understood that all members of the bargaining unit employed by on an indefinite layoff (i.e. layoff for a period longer than a temporary layoff the Employer as defined herein), or on recall therefrom, shall lose seniority in their former department (Le., in which they had department seniority) and attain seniority in of the new department after sixty (60) days in the new department. However, if such employee’s job opens up within sixty (60) days in the new department, the employee shall return to their former job. An employee shall hold only one department at any one time. The appointment or selection date of employees for supervisory positions or for any position not subject to the provisions execution of this Agreement is not covered by shall receive full recognition for any service which may have been earned for all purposes under this AgreementCollectiveAgreement. A non-bargaining unit person, formerly a An associate shall be considered on and shall have no seniority until he has worked ninety (90) working days in the bargaining unit. Upon completion of such period, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their accumulated service with the Company including the time worked outside the bargaining unit and they shall associate will be placed in a job consistent with seniority. In filling permanent job vacancies (except those in respect on the seniority list as of positions excluded from the bargaining unit) and in cases his last date of decrease or increase of the working force, the following factors shall be considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between employees, the qualifications in factors and are relatively equal in the judgment of the Company, factor (a) shall govern. When there is to be a layoff in a department the junior employees in the classifications affected shall be subject to be laid off provided the remaining employees are qualified to the work requiredhire. An employee so subject to will be assigned by the Company to available work or to work being performed by another employee with less seniority, subject always to the provisions of Article hereof. Wherever used in this Agreement, the words "qualified" or "qualifications", or the like, associate on probation shall mean presently possessed of the accomplishmentswhich enable the person to perform the work required in accordance with the Company’s quality and production standards. In administering Article hold no seniority and the foregoing paragraphs of hereof, the following shall apply: “promotion“ shall be defined as a permanent transfer to a classification carrying a higher rate of pay than the employee’s rate or a classification which carries a higher range of rates than the range of rates in the classification, Time spent on layoff will not count in for incremental wage increases. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction of force the Company employer shall have the right to assign an employee affected discharge, demote, suspend, reprimand, lay-off, or otherwise discipline. The Company shall train new hires for a two (2) week period throughout the operations in packing positions only. These associates shall be trained outside of seniority and at no time during this training period shall any of these associates be used by the company as part of the regular standards for production. An associate 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 associate shall have no recourse to the Grievance or Arbitration Procedures. Any such a reduction of force to such vacancy providing they are qualified to perform the work in accordance with the Company’s quality and production standards. Notwithstanding anything contained in this Article an employee employed in connection with the production of a new product discipline shall not be liable deemed to be displaced by an employee with greater seniority prior for just cause and shall be deemed not to be a difference between the Company having sold the product commercially, in quantity, to customers for at least twelve (12) monthsparties.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE. An employee The Company and the Union agree that there will be considered a probationary employee until they have been employed no intimidation, discrimination, interference, restraint or coercion exercised or practised by the Company for a period either 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 them or their representatives or members because of an employee's activity or lack of activity 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 (6 )months and copies supplied to the Union. Subject to The Union further agrees that there will be no Union activities on 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 on an indefinite layoff (i.e. layoff for a period longer than a temporary layoff as defined herein), or on recall therefrom, shall lose seniority in their former department (Le., in which they had department seniority) and attain seniority in the new department after sixty (60) days in the new department. However, if such employee’s job opens up within sixty (60) days in the new department, the employee shall return to their former job. An employee shall hold only one department at any one time. The appointment or selection of employees for supervisory positions or for any position not subject to the provisions of this Agreement is not covered by this Agreement. A non-bargaining unit person, formerly a seniority in the bargaining unit, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their accumulated service with the Company including the time worked outside the bargaining unit and they shall be placed in a job consistent with seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or increase of the working force, the following factors shall be considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between employees, the qualifications in factors and are relatively equal in the judgment premises of the Company, factor (a) except as specificallypermitted by this Agreement or in writing by the Company. It is understood the Business Representative of the Union shall governbe allowed to enter the Company's premises to deal in the administration of the Agreement, provided he does not interfere with the normal operations of the Company and notifies management upon his arrival. When there is The agrees not to be a layoff enter into any Agreement or Contract with its employees individually or collectively which in a department any way conflicts with the junior terms and conditions of this Agreement. All employees in the classifications affected bargaining unit shall be subject required, as a condition of employment, to be laid off provided maintain their payment of regular monthly Union Dues during the remaining Lifetime of this Agreement. All employees are qualified to the work required. An employee so subject to will be assigned by hired shall authorize the Company to available work or to work being performed by another employee with less seniority, subject always deduct an amount equal to the provisions Local Union Initiation Fee in instalments of Article hereof. Wherever used in this Agreementper week, after the words "qualified" or "qualifications", or the like, shall mean presently possessed completion of the accomplishmentswhich enable probationary period. This deduction shall continue until the person Initiation Fee is paid in full. The Company agrees to perform remit such monies so deducted to the work office of the Local Union along with a list of the employees from whom the money was deducted at the same time as the Union Dues are remitted. The Company shall deduct from the pay of each employee (including probationary employees) required to pay Union Dues as set out in accordance with the Company’s quality and production standards. In administering Article and the foregoing paragraphs of a) hereof, the following shall apply: “promotion“ shall be defined as a permanent transfer to a classification carrying a higher rate regular monthly Union Dues of pay than the employee’s rate or a classification which carries a higher range of rates than the range of rates in the classificationUnion. The Company will, Time spent on layoff will not count in for incremental wage increases. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction remittance to the Union, specify the employees from whose pay such deductions were made. The Checkoff and cheques for the Union deductions must be in the office of force the Local Union not later than the tenth (10th) day of the month following the month in which the monies were deducted. If the Checkoff and cheque have not arrived by the tenth (10th) day of the month, the Local Union Secretary Treasurer will notify the Company shall have who will ensure that the right to assign an employee affected by such a reduction cheque is remitted within (7) days of force to such vacancy providing they are qualified to perform receipt of the work in accordance with the Company’s quality and production standards. Notwithstanding anything contained in this Article an employee employed in connection with the production of a new product shall not be liable to be displaced by an employee with greater seniority prior to the Company having sold the product commercially, in quantity, to customers for at least twelve (12) monthsnotification.

Appears in 1 contract

Samples: Collective Agreement

ARTICLE. An employee The Employer and the Union agree that there will be considered no discrimination, interference, restraint exercised or practised by either of them or their or members because of employee's Union activity.- Union undertakes that no Union activity shall be carried on in the premises except as otherwise provided herein with respect to visits by Union officials. Properly representatives of the Union shall be permitted to enter the premises at all reasonable for the purpose of interviewing employees end investigating working conditions that affect the members. Notice upon entering shall be given to a probationary representative of Management. It is understood that such representatives will in no way interfere with the duties of an employee until they or disturb them in the performance of their duties, bearing in mind that Union have been employed regular duties to perform on behalf of all parties to this Collective Article UNION SECURITY/UNION The parties hereto agree to compulsory check off for employees who come within the scope to which the Agreement applies. All deductions shall be collected from the employees' each pay period. Any employee who is required to be a of the Union and who refuses to become member of the Union in his first period, be discharged by the company upon receipt of official notice in writing from the Union to the Company. The Company for a period and Union agree that no officers of three (3) continuous calendar monthsthe Company or employees may enter into any contract inconsistent with this Agreement. During Any amendment or changes as outlined in this agreement during its term shall be incorporated only by consent. It is agreed that the Union will not prevent the maintaining an and qualified force, or services to the guests, or infringes on the rights spelled out in the Agreement. Nothing in above or the general body of the shall be construed Limited to any degree the right of the Company to assess the relative efficiencies of any employee and to pay wages in of those contained in the scales; such probationary period they will have no seniority rights but once seniority is acquired it will wages shall be regarded as having started from premium rates for special skill or ability, such special rates shall not become the date upon which such probationary period commencedbasis for a general increase in scale classifications concerned. Notwithstanding The Company will administer its employees rating plan referred to in to promote the development of employees, and not in any other provisions contained in this Collective Agreement, to undermine the termination collective bargaining position 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 (6 )months and copies supplied to the Union. Subject The Union shall notify in writing, a copy to the provisions any individual who has been suspended, expelled declared to be not in good standing. The Company will discharge said employee automatically seven days after receipt 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 Union notice unless: The status becomes acceptable to the extent expressly provided in Union during this Agreement. A seniority employee who is transferred to another department by on an indefinite layoff (i.e. layoff for a period longer than a temporary layoff as defined herein), or on recall therefrom, shall lose seniority in their former department (Le., in which they had department seniority) and attain seniority in the new department after sixty (60) days in the new department. However, if such employee’s job opens up within sixty (60) days in the new department, the employee shall return to their former job. An employee shall hold only one department at any one time. The appointment or selection of employees for supervisory positions or for any position not subject to the provisions of this Agreement is not covered by this Agreement. A non-bargaining unit person, formerly a seniority in the bargaining unit, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their accumulated service with the Company including the time worked outside the bargaining unit and they shall be placed in a job consistent with seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or increase of the working force, the following factors shall be considered: length of continuous serviceperiod; efficiency and qualifications; physical fitness and reliability. Where, between employees, the qualifications in factors and are relatively equal in the judgment of the Company, factor (a) shall govern. When there is to be a layoff in a department the junior employees in the classifications affected shall be subject to be laid off provided the remaining employees are qualified to the work required. An employee so subject to will be assigned by the Company to available work or to work being performed by another employee with less seniority, subject always to the provisions of Article hereof. Wherever used in this Agreement, the words "qualified" or "qualifications", or the like, shall mean presently possessed of the accomplishmentswhich enable the person to perform the work required in accordance with the Company’s quality and production standards. In administering Article and the foregoing paragraphs of hereof, the following shall apply: “promotion“ shall be defined as a permanent transfer to a classification carrying a higher rate of pay than the employee’s rate or a classification which carries a higher range of rates than the range of rates in the classification, Time spent on layoff will not count in for incremental wage increases. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction of force the Company shall have the right to assign an employee affected by such a reduction of force to such vacancy providing they are qualified to perform the work in accordance with the Company’s quality and production standards. Notwithstanding anything contained in this Article an employee employed in connection with the production of a new product shall not be liable to be displaced by an employee with greater seniority prior to the Company having sold the product commercially, in quantity, to customers for at least twelve (12) months.or

Appears in 1 contract

Samples: negotech.labour.gc.ca

ARTICLE. An employee covered by this Agreement will acquire, and be entitled to exercise seniority rights only after he has worked for the Authority a total of sixty days cumulative within any twelve month period. After seniority is acquired, it shall date from the first (1st) day of the sixty day cumulative period. An employee laid off or released because his service is deemed unsatisfactory during his probationary period of employment shall not be entitled to exercise seniority rights. A seniority list will be considered maintained for all employees covered by this Agreement at the Headquarters Building in Cornwall. Employees with the same seniority date shall be ranked on the seniority list as determined by a probationary employee until they have been employed draw, supervised by the Company for a period of three (3) continuous calendar monthsAuthority with the Local Chairperson present. During such probationary period they will have no The 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 list shall be at the sole discretion posted in January of the Company. There shall be established a seniority list showing bargaining unit employees in order of seniorityeach year. Such list shall show names, positions and established dates of entry into the employee’s seniority and service. Copies of the department in which the employee holds such seniority. Seniority lists list shall be revised once every six (6 )months and copies supplied furnished to the local officers of the Union. Subject Protests in regard to seniority status must be submitted in writing to the provisions Manager, Human Resources Services within sixty days of this Agreementpublication of the listing being protested. When proof of error is presented by an employee or his representative, such error will be corrected, and when so corrected, the seniority date shall be by department and plant-widefinal. For the purpose of applying No change shall be made in the seniority provisions date accredited to an employee which has appeared on two consecutive annual seniority lists, unless it has been protested. The name of this Agreement, such seniority provisions shall be applied only to the extent expressly provided in this Agreement. A seniority an employee who is transferred promoted from a position covered by this Agreement to another department by an excepted or Supervisory Group position with the Authority shall be continued on an indefinite layoff (i.e. layoff the seniority list of the group from which promoted and he shall retain his date of seniority while so employed for a period longer of one year. Thereafter, the employee's seniority date shall be adjusted to reflect non accrual of seniority for a subsequent period of up to two years. At the conclusion of the three year period, the employee's name shall be removed from the seniority list. Such an employee, when released as a permanent incumbent from employment in an excepted or Supervisory Group position may, within thirty days of such release, exercise his seniority rights to displace a junior employee in any position which he is qualified to fill and which is not than a temporary layoff as defined herein), or on recall therefrom, shall lose the classification from which he was promoted. Failing to exercise his seniority in their former department (Le., in which they had department seniority) this manner it shall be forfeited and attain his name shall be dropped from the seniority in the new department after sixty (60) days in the new department. However, if such employee’s job opens up within sixty (60) days in the new department, the employee shall return to their former joblist. An employee shall hold only one department at any one time. The appointment or selection of employees for supervisory positions or for any who has been discharged and is subsequently reinstated in the service, in a position not subject to the provisions of this Agreement is not covered by this Agreement. A non-bargaining unit person, formerly a unless reinstated with former seniority, will only be allowed seniority in the bargaining unit, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their accumulated service with the Company including the time worked outside the bargaining unit and they shall be placed in a job consistent with seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases date of decrease or increase of re-entry into the working force, the following factors shall be considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between employees, the qualifications in factors and are relatively equal in the judgment of the Company, factor (a) shall govern. When there is to be a layoff in a department the junior employees in the classifications affected shall be subject to be laid off provided the remaining employees are qualified to the work required. An employee so subject to will be assigned by the Company to available work or to work being performed by another employee who is not reinstated with less seniority, subject always to the provisions of Article hereof. Wherever used in this Agreement, the words "qualified" or "qualifications", or the like, shall mean presently possessed his former seniority standing within one year of the accomplishmentswhich enable date of his discharge, may only be reinstated by agreement between the person to perform the work required in accordance with the Company’s quality and production standards. In administering Article Union and the foregoing paragraphs of hereof, the following shall apply: “promotion“ shall be defined as a permanent transfer to a classification carrying a higher rate of pay than the employee’s rate or a classification which carries a higher range of rates than the range of rates in the classification, Time spent on layoff will not count in for incremental wage increases. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction of force the Company shall have the right to assign an employee affected by such a reduction of force to such vacancy providing they are qualified to perform the work in accordance with the Company’s quality and production standards. Notwithstanding anything contained in this Article an employee employed in connection with the production of a new product shall not be liable to be displaced by an employee with greater seniority prior to the Company having sold the product commercially, in quantity, to customers for at least twelve (12) monthsAuthority.

Appears in 1 contract

Samples: Collective Agreement

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ARTICLE. An employee will be considered a probationary employee until they have been employed Union is 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 Board 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 (6 )months and copies supplied to the Union. Subject to the provisions of agency for purpose covered by this Agreement, seniority shall be by department including hours of work, wages and plantworking conditions for all of the Board classified as Cleaners, Caretakers, custodians, in-widecharge, Stores and Cafeteria employees, excluding Supervisors and four Assistant Supervisors in the and Caretaking areas, and Noon Hour Assistants. For the purpose of applying the seniority provisions Persons excluded from Article of this AgreementCollective Agreement shall not perform work that is normally performed by bargaining unit employees, such seniority provisions shall be applied only to the extent expressly provided except in this Agreement. A seniority employee who is transferred to another department by on an indefinite layoff (i.e. layoff for a period longer than a temporary layoff as defined herein), emergency or on recall therefrom, shall lose seniority in their former department (Le., in which they had department seniority) and attain seniority in the new department after sixty (60) days in the new department. Howevertraining situations, if such employee’s job opens up within sixty (60) days work would result in the new department, the employee shall return to their former job. An employee shall hold only one department at any one time. The appointment a lessening of regular or selection of employees for supervisory positions or overtime hours for any position not subject to the provisions of this Agreement is not employees covered by this Agreement. A non-bargaining unit personNo employee shall be required or permitted to make any written or verbal agreement with the Board or its representative which is contrary to the terms of this Collective Agreement. Any student hired by the Board to perform the duties covered by the scope of this Collective shall, formerly a seniority for the purpose of this Agreement, be considered employees as defined in article Parties agree that there shall be no discrimination or coercion for any reason exercised by any of their officials or staff. Where an employee has the necessary and/or has proven his or her ability to handle the work, there shall be no discrimination between male and female in the bargaining unitselection of a person for the position posted or the rate of pay for that position. Employees shall retire at the end of the month in which they reach years of age. Intent of Parties: intent of this clause is to enable employees to work to the end of the month in which they turn years of age so as to improve their pension entitlement and is not intended to extend retirement beyond the age of years. ARTICLE OF Except as modified by this Agreement and to the extent described in the Agreement, who is transferred to a position all rights and prerogatives of management are retained by the Board and remain exclusively and without limitations, within the bargaining unitright of the and its administration. without limiting the generality of the foregoing, the Board’s rights shall include: The right of the Board to hire, direct, promote, demote, classify, transfer, suspend and lay off employees and also the right of the to discipline or discharge any employee for just cause; provided, however, that a claim by an employee (who has acquired seniority) that he has been discharged, suspended, demoted or disci- plined without just cause, or that the Board has exercised any of its other rights contrary to terms of this Agreement may be the subject of a grievance and dealt with as hereinafter provided. The right of the Board to determine duties and responsibilities of positions. Union further the right of the to operate and manage its business in all respects in accordance with its and responsibilities. processes and means of operation used, the right to use improved methods, machinery and equipment, and jurisdiction over all operations, buildings, machinery and tools are solely and exclusively the responsibility of the Board, subject to the terms of this Agreement. The Board also has the right to make, alter and enforce time to time rules and regulations to be observed by the employees, but such rules and regulations shall not be contrary to the terms of this Agreement. Any exercise of the above-noted rights by the Board that establish a new, changed or modified policy or practice will be to the President, the Group Vice President and the Recording Secretary of the Union in writing as soon as possible. The Board when affecting a transfer, will discuss the transfer with the Union. ARTICLE shall deduct from the pay of each employee, as described in article and who has been in the of the Board for calendar days, such dues and assessments that may be levied by the Union. The total amount of dues deducted, together with a list of employees showing wages and hours of work for the pay period, shall be credited remitted to the National Treasurer of as soon as possible following each pay period. The Union is responsible for keeping the Board informed of the name and address of the National Treasurer of The Local Secretary-Treasurer of the Union is responsible for informing the Board of the dues and assessments on regular pay to be deducted from each employee’s pay, in accordance with seniority equal Article The Personnel Department of the agrees to their accumulated service acquaint new employees with the Company fact that a Union Agreement is in full force and effect and with the condition of employment set out in the articles dealing with Union security, dues and checkoff. The parties that up to employees the Board covered by this Agreement shall be free to join or abstain from joining the Union. who have elected to remain out of the Union shall be required to pay Union dues and assessments by payroll deductions in actor-dance article new of the Board as a condition of continual employment shall and members in good standing of the Union, not later than thirty days after with the Board. parties agree to properly fairly resolve any work changes as a result of technological and changes with the desire to assist employees affected and agree further that no present will have their terminated of it. Board acknowledges the right of the Union to appoint a Grievance of not than three from the membership plus an Officer. Union Representative may be present at the request of either party. Negotiating The Board agrees to pay the wages of up to three of the Union Negotiation for negotiation sessions the Board up to and including the time worked outside initial of a third party. The parties agree to set aside a start of negotiations in an effort to the bargaining unit process. parties acknowledge the formation a Health and they shall be placed in Safety for purpose of a job consistent with seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or increase of the working force, the following factors shall be considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between safe work place for all employees, the qualifications in factors and are relatively equal in the judgment of the Company, factor (a) shall govern. When there is to be a layoff in a department the junior employees in the classifications affected shall be subject to be laid off provided the remaining employees are qualified to the work required. An employee so subject to will be assigned by the Company to available work or to work being performed by another employee with less seniority, subject always to the provisions of Article hereof. Wherever used in this Agreement, the words "qualified" or "qualifications", or the like, shall mean presently possessed of the accomplishmentswhich enable the person to perform the work required in accordance with the Company’s quality Health and production standardsSafety Act of Ontario. In administering Article hoard of Education has established an Equity to involve all groups of employees of the Board. Local Plant will be r e p r e s e n t e d o n t h e b y t w o appointed by the Union. Absence work to attend meetings shall be without loss of pay. Job Board acknowledges the right of the Union to appoint a job evaluation of not than three Any meeting between this committee and the foregoing paragraphs Board shall be at no cost to the Board. shall be a composed of hereoftwo representatives of the Union and two from the Board. purpose of the committee is to discuss problems arise dealing with the of this collective agreement; however, any discussions of the shall not replace or infringe upon the grievance procedure set out in article Meetings shall be held as required on a mutually agreed date and time. agenda for the meeting must be agreed and arranged in advance of the meeting. will be scheduled through the Personnel Department. W orkloa d Notwithstanding any other provisions of the Collective Agreement, where an employee has a concern about his/her workload, the following shall apply: “promotion“ first discuss the concern with the headcaretaker. If the situation is not resolved, the will discuss the concern with the Supervisor of Carestaff. If the situation is not resolved at this level, the employee may a letter to the of Plant outlining the concern. of Plant will convene a meeting with the Supervisor of f designate), the Superintendent and the principal of the school concerned, the Group Vice President and the Chairperson of the Union’s Workload When required, the of Plant will request the employee and/or headcaretaker attend the meeting. The of Plant will respond in writing to the employee with the decision of the Board. Any decisions of the are not subject to the grievance procedure unless otherwise provided in this agreement. ARTICLE It is the desire of the parties that complaints or grievances shall be defined adjusted as promptly as possible. The Board agrees to meet only with the Grievance of the Union. The Grievance of three shall have the right, with permission from proper authority, as to time and place to visit the work area during their investigation of a permanent transfer to complaint. All grievances and answers shall be in writing. and meeting arrangements shall be made through the Relations Department, on behalf of the Superintendent of Resources. deemed advisable shall be delivered hand. ste p 1 If a classification carrying a higher rate of pay than complaint arises between an employee(s) and the employee’s rate or a classification which carries a higher range of rates than employer, it shall first be discussed by the range of rates in employee and the classification, Time spent on layoff will not count in for incremental wage increasessupervisor. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction of force the Company employee shall have the right to assign be accompanied by a shop xxxxxxx or an employee affected by such executive officer. If the complaint is not resolved to the satisfaction of the employee(s) it shall be considered to be a reduction of force to such vacancy providing they are qualified to perform the work grievance and shall be settled in accordance with the Company’s quality following procedure. aggrieved employee or employees shall submit the grievance in writing to the Secretary of the Union and production standardsthe Chief Shop Xxxxxxx. step 2 If a dispute arises, and is not resolved between the supervisor and the employee, a grievance may be submitted, in writing, to the Board within ten working days of the event or occurrence which gave rise to the dispute. The Union Grievance will met with the Plant Department within five working days of receipt of the written grievance. The decision resulting from this meeting shall be forwarded to the Chief Shop Xxxxxxx within five working days of the meeting. If the Xxxxx fails to their decision, the grievance may be to Step 3step If a grievance is not resolved at Step a written request may be submitted within five working days of the receipt of the answer at Step the Grievance shall meet with the Superintendent of Human Resources within five working days of receipt of the request for a step 3 meeting. Results shall be xxx within five working days of the meeting. Failure to or to settle the grievance may be submitted to Step 4 If a grievance is not resolved at Step 3 a written request to proceed to step 4 may be submitted within five working days of receipt of the answer at step Grievance shall meet with the Board Trustee within eight working days of receipt of the request for a step 4 meeting. Results shall be within six working days of the meeting. Failure to or to settle the grievance may be referred to article arbitration, within sixty calendar days of receipt of the step 4 answer. Board will grant time off with pay, for not more than three of the Grievance plus the when meetings with the Board require absence from regular employment. Complaint and grievance time limits will be enforced. Waiving of time limits at any step will require mutual consent. Notwithstanding anything contained the above, an Arbitration Board shall have the right to waive any violated time limits set out in this Article an employee employed in connection with the production grievance procedure on such terms as it deems desirable. Difference of a new product general nature arising between the parties regarding interpretation, application or alleged violation may be submitted in writing at Step 3 of this grievance procedure within sixty calendar days of the origin of such difference. Failure of the or the Union to process a grievance to the next step in the grievance shall not be liable deemed to be displaced by an employee with greater seniority prior to have prejudiced the Company having sold the product commercially, in quantity, to customers for at least twelve (12) monthsUnion of any future similar grievance.

Appears in 1 contract

Samples: negotech.labour.gc.ca

ARTICLE. An employee will be considered a probationary employee until they have been employed by The Board and 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 Union agree that, set out in the date upon which such probationary period commenced. Notwithstanding any other provisions contained in this Collective AgreementOntario Human Rights Code and the Labour Relations Act, the termination of employment of a probationary employee there shall be at the sole discretion no discrimination, interference, restriction or coercion exercised or practised with respect to any employee by reason of the Company. There shall be established a seniority list showing bargaining unit employees age, sex, marital status race, creed, colour, political or religious affili- ation or other factors not pertinent with respect to employment, or by reason of her membership in order or activities on behalf 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 (6 )months and copies supplied to the Union. Subject All references to the female gender in this agreement shall equally apply to the male gender where the context Every employee has the right to be free from sexual harassment and from an reprisal or threat of for the rejection of such behaviour. Article RIGHTS The Union recognizes and acknowledges that the manage- ment and direction of the work- ing force is fixed exclusively the Board and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Board to maintain order and effici- ency, hire, promote, demote, classify, transfer, suspend and rehire employees, and to discipline or discharge any employee for just cause provided that a claim by an employee who has acquired seniority that she has been discharged or disciplined with- out just cause may be the subject of a grievance and dealt with as hereinafter provided. The Union further recognizes the right of the Board to operate and manage its respects in accordance with its commitments and responsibilities. The right to decide on the number of employees needed by the Board at any time, the right to use improved methods, machinery and equipment and jurisdiction over a l l operations, buildings, machinery, tools and employees is solely and exclusively the responsibility of the Board. The Board also has the right, and the Union recognizes it, to make and alter, from time to time, rules and regu- lations to be observed by the employees; such changes general rules and regulations shall be posted on the bulletin boards and shall not be inconsistent with any of 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 on an indefinite layoff (i.e. layoff having particular regard for a period longer than a temporary layoff as defined herein), or on recall therefrom, shall lose seniority in their former department (Le., in which they had department seniority) and attain seniority in the new department after sixty (60) days in the new department. However, if such employee’s job opens up within sixty (60) days in the new department, the employee shall return to their former job. An employee shall hold only one department at any one time. The appointment or selection of employees for supervisory positions or for any position not subject to the provisions of this Agreement is not covered by this Agreement. A non-bargaining unit person, formerly a seniority in the bargaining unit, who is transferred to a position within the bargaining unit, shall be credited with seniority equal to their accumulated service with the Company including the time worked outside the bargaining unit and they shall be placed in a job consistent with seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or increase of the working force, the following factors shall be considered: length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, between employees, the qualifications in factors and are relatively equal in the judgment of the Company, factor (a) shall govern. When there is to be a layoff in a department the junior employees in the classifications affected shall be subject to be laid off provided the remaining employees are qualified to the work required. An employee so subject to will be assigned by the Company to available work or to work being performed by another employee with less seniority, subject always to the provisions of Article hereofSeniority as contained herein. Wherever used The Board agrees not t o exercise these rights in a manner inconsistent with the t e r m s of this Agreement, the words "qualified" or "qualifications", or the like, shall mean presently possessed of the accomplishmentswhich enable the person to perform the work required in accordance with the Company’s quality and production standards. In administering Article and the foregoing paragraphs of hereof, the following shall apply: “promotion“ shall be defined as a permanent transfer to a classification carrying a higher rate of pay than the employee’s rate or a classification which carries a higher range of rates than the range of rates in the classification, Time spent on layoff will not count in for incremental wage increases. In all cases of temporary layoff up to three (3) full regular working days) due to equipment breakdown, shortage of material or other causes beyond the Company’s reasonable control, seniority need not be considered. In the event that a vacancy exists at the time of reduction of force the Company shall have the right to assign an employee affected by such a reduction of force to such vacancy providing they are qualified to perform the work in accordance with the Company’s quality and production standards. Notwithstanding anything contained in this Article an employee employed in connection with the production of a new product shall not be liable to be displaced by an employee with greater seniority prior to the Company having sold the product commercially, in quantity, to customers for at least twelve (12) months.

Appears in 1 contract

Samples: Collective Agreement

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