Common use of DEFINITION AND APPLICATION Clause in Contracts

DEFINITION AND APPLICATION. A. Seniority shall be defined as a Captain’s continuous length of service in rank subject to Section 23.1(B). In the event two (2) or more Captains have the same seniority date, the Captain with the longest period of continuous service, as determined by referring to the Captains’ continuous service dates, shall receive the higher seniority status. In the event two (2) or more Captains have the same seniority and continuous service dates, the older Captain, as determined by referring to the Captains’ dates of birth as recorded on their employment applications, shall receive the higher seniority status. B. Advancement within the salary and quarterly differential schedule shall be determined by the Captain’s continuous service date. The continuous service date shall be the date of last hire as a sworn member subject to the following: 1. For a Captain who has resigned and who has been re-hired, the continuous service date shall be determined by the continuous length of service from the date of last hire as a sworn member without consideration of the Captain’s prior service, unless an application for re-employment was received within one (1) year of the Captain’s resignation date, in which case the continuous service date will be adjusted to reflect the time the Captain was absent from the Department. 2. For Captains taking a leave of absence, only the days absent in excess of thirty (30) days’ leave from the Employer’s service without pay (other than military, duty disability, Family and Medical Leave Act leave or suspension) shall be deducted in computing the continuous service date. C. The seniority of a Captain and the employment relationship shall be terminated in the following circumstances: 1. Resignation; 2. Separation (discharge);