Breaking Seniority Clause Samples
The 'Breaking Seniority' clause establishes the conditions under which the usual order of priority among creditors or stakeholders can be altered. Typically, this clause allows certain parties to receive payment or exercise rights ahead of others who would normally have seniority, such as in the case of restructuring, refinancing, or specific triggering events. By defining exceptions to the standard hierarchy, the clause provides flexibility in managing obligations and can facilitate negotiations or transactions that might otherwise be blocked by strict adherence to seniority. Its core function is to enable parties to override established priority rules when necessary, thereby addressing potential deadlocks or enabling more efficient resolution of financial arrangements.
Breaking Seniority. All seniority shall be broken and employment shall be terminated when a bargaining unit member:
Breaking Seniority. An employee’s seniority shall be considered broken and all rights under this Agreement forfeited (except as otherwise specifically provided herein) when an employee:
4.6(a) Resigns or is discharged or accepts employment with the Company outside the bargaining units covered by this Agreement.
4.6(b) Fails or refuses to return to work within five calendar days after being recalled, unless a satisfactory reason and documentation, if such documentation exists or can be acquired, is given to warrant leniency.
Breaking Seniority. An employee’s seniority shall be broken if he/she:
Breaking Seniority. All seniority shall be broken and employment shall be terminated when a bargaining unit member:
A. Quits or retires from the school district
B. Is discharged for just cause
C. Is non-renewed
D. Is laid off for a period exceeding two (2) consecutive years E. Fails to report to work under the time limits specified under recall from layoff Article 27, Section 08
Breaking Seniority. Seniority shall be broken, and the employee shall be terminated, upon the occurrence of any one of the following events:
A. Voluntary quits;
B. Justifiable discharge from employment;
C. Absence from work for three (3) consecutive workdays without notifying the District, or failure to return to work within one (1) workday following the expiration of an authorized leave of absence; unless the employee provides proof beyond a reasonable doubt that it was impossible to notify the District;
D. Failure of the employee to report back to work within ten (10) workdays after receipt of notice from the District that the employee is being recalled from indefinite layoff;
Breaking Seniority. Seniority shall be broken, and the employee shall be terminated, upon the occurrence of any one of the following events:
A. Voluntary quits;
B. Justifiable discharge from employment;
Breaking Seniority. Seniority shall be broken and all rights of employment or reemployment terminated when an employee:
1. Quits or retires;
2. Is terminated or non-renewed; or
3. Exceeds an approved leave of absence.
Breaking Seniority. An employee's seniority shall be considered broken and all rights under this Agreement forfeited when an employee:
(a) Resigns or is discharged for just cause or accepts employment in a position with the Company that is outside of the bargaining unit defined by this Agreement.
(b) Fails or refuses to return to work within (20) twenty calendar days after being recalled, unless a satisfactory reason and documentation (if such documentation exists or can be acquired) is provided to warrant leniency. Notification of recall for the purpose of this Section shall be made by certified mail, telegram or other documented and verifiable means addressed to the employee's last known address as shown on the Company's records. The employee shall keep the Company informed of his current address. Failure to receive notice of recall shall be considered a satisfactory reason for not returning to work within twenty (20) calendar days, so as to retain seniority, but shall not obligate the Company to hold the position open. An employee who fails to receive the notice, and is not otherwise aware of his recall, and therefore does not report to work within twenty (20) calendar days shall continue to accrue seniority, but there shall be no further duty to recall the employee until the employee notifies the Company of his current mailing address.