Common use of Loss of Clause in Contracts

Loss of. An employee shall lose all seniority and service and shall be deemed to have terminated if he: resigns; is discharged and not reinstated through the procedure; is retired; is absent from scheduled work for a period of three or more consecutive working days without notifying the Hospital of such absence and providing to the Hospital a satisfactory reason; has been laid off for months; if the employee has been laid off and fails to return to work within seven calendar days after that employee has been notified by the Hospital through registered mail addressed to the last address on the records of the Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall is absent due to illness or disability for a period of thirty calendar months from the time the disability or illness commenced." Job "Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven consecutive calendar days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The name of the successful applicant will be posted on the bulletin board for a period of seven calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this Article, employees in other bargaining units at the Hospital will be considered for such positions prior to considering persons not employed by the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial of up to thirty days, during which the Hospital will determine if the employee can satisfactorily perform the Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of seniority. The vacancy resulting from the posting may be filled on a temporary basis until the trial period is completed." A list of vacancies filled in the preceding month under this article and the names of the successful applicants will be posted, with a copy provided to the union. All shall contain the following information: Department; Classification; Status; Shift; and Wage Rate; and shall state: "This position open to male and female applicants". The successful applicant from within the bargaining unit to the job posting shall be appointed to fill the position within fifteen working days following the completion of the posting. Where an assignment from one job classification to another or from one department to another exceeds four weeks in duration, the job shall be posted in accordance with the provisions of Article of this Agreement. The Hospital when notified by the employee, verification from the attending physician, that said employee will be absent due to illness for a period longer than four weeks from date of notification, the position will be posted filled according to Article The provisions of the above two paragraphs of this article shall not apply in the case of an employee absent due to maternity, sick leave, vacation, authorized leave of absence, or absent and receiving benefits under the of the Workers' Compensation Act. Transfer and Outside the Unit "Effective for employees transferred out of the bargaining unit subsequent to November 1985: It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding months. Such employees on temporary assignments shall remain members of the bargaining unit. An employee who is transferred to a position outside the bargaining unit shall not, subject to below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit he shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his return to the bargaining unit. In the event an employee transferred out of the bargaining unit under above is returned to the bargaining unit within a period of six calendar months he shall accumulate seniority during the period of time outside the bargaining unit." outside the bargaining unit as of November will be credited with whatever seniority they held under the collective agreement expiring September should they be to the bargaining unit subsequent to November Transfer of and Service "Effective November and for employees who transfer subsequent to November 1985: For application of seniority for purposes of promotion, demotion, transfer, layoff and recall and service for purposes of vacation entitlement and wage progression: an employee whose status is changed from full-time to part-time shall receive full credit for his seniority and service; an employee whose status is changed from part-time to full-time shall receive credit for his seniority and service on the basis of one year for each hours worked. The above noted employee shall be allowed a trial period of up to thirty days, which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return or be returned without loss of seniority to former duties on the same shift in the same department and at the appropriate rate of pay, subject to any which would have occurred had he not transferred.

Loss of. An employee shall lose all seniority and service and shall be deemed to have terminated if he: resigns; is discharged and not reinstated through the procedure; is retired; is absent from scheduled work for a period of three ( 3 ) or more consecutive working days without notifying the Hospital of such absence and providing to the Hospital a satisfactory reason; has been laid off for twenty-four (24) months; if the employee has been laid off and fails to return to work within seven (7) calendar days after that employee has been notified by the Hospital through registered Registered mail addressed to the last address on the records of the Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff layoff and Recall recall; is absent due to illness or disability for a period of thirty (30) calendar months from the time the disability or illness commenced." Effect of Absence (The following clause is applicable to full-time employees only ) It understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of thirty (30) continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits is participating for the period of absence, except that the Hospital will continue to pay its share of the premiums for up to eighteen (18) months while an employee is in receipt of benefits. Effective October the Hospital will continue to pay its share of the premiums for the initial seventeen (17) weeks from the commencement of the leave while an employee is on maternity or adoption leave. Effective October service shall accrue for the initial seventeen (17)weeks from the commencement of the leave if an employee is on maternity or adoption leave. Notwithstanding this provision, service shall accrue for a period of fifteen ( 15) 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-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue during maternity or adoption leave, or for a period of eighteen (18) months if an absence is due to a disability resulting benefits or benefits, or for a period of one (1) year if an unpaid absence due to an illness. Job "Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications for such vacancy shall be made in writing within the seven (7) day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three (3) consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three (3) day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The name of the successful applicant will be posted on the bulletin board for a period of seven (7) calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this Article, employees in other bargaining units at the Hospital will be considered for such positions prior to considering persons not employed by the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to thirty ( 3 0 ) days, during which the Hospital will determine if the employee can satisfactorily perform the Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of seniority. The vacancy resulting from the posting may be filled on a temporary basis until the trial period is completed." . A list of vacancies filled in the preceding month under this article Article and the names of the successful applicants will be posted, with a copy provided to the union. All shall contain the following information: Department; Classification; Status; Shift; and Wage Rate; and shall state: "This position open to male and female applicants". The successful applicant from within the bargaining unit to the job posting shall be appointed to fill the position within fifteen working days following the completion of the posting. Where an assignment from one job classification to another or from one department to another exceeds four weeks in duration, the job shall be posted in accordance with the provisions of Article of this Agreement. The Hospital when notified by the employee, verification from the attending physician, that said employee will be absent due to illness for a period longer than four weeks from date of notification, the position will be posted filled according to Article The provisions of the above two paragraphs of this article shall not apply in the case of an employee absent due to maternity, sick leave, vacation, authorized leave of absence, or absent and receiving benefits under the of the Workers' Compensation Act. Transfer and Outside the Unit "Effective for employees transferred out of the bargaining unit subsequent to November 1985: It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding months. Such employees on temporary assignments shall remain members of the bargaining unit. An employee who is transferred to a position outside the bargaining unit shall not, subject to below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit he shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his return to the bargaining unit. In the event an employee transferred out of the bargaining unit under above is returned to the bargaining unit within a period of six calendar months he shall accumulate seniority during the period of time outside the bargaining unitUnion." outside the bargaining unit as of November will be credited with whatever seniority they held under the collective agreement expiring September should they be to the bargaining unit subsequent to November Transfer of and Service "Effective November and for employees who transfer subsequent to November 1985: For application of seniority for purposes of promotion, demotion, transfer, layoff and recall and service for purposes of vacation entitlement and wage progression: an employee whose status is changed from full-time to part-time shall receive full credit for his seniority and service; an employee whose status is changed from part-time to full-time shall receive credit for his seniority and service on the basis of one year for each hours worked. The above noted employee shall be allowed a trial period of up to thirty days, which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return or be returned without loss of seniority to former duties on the same shift in the same department and at the appropriate rate of pay, subject to any which would have occurred had he not transferred.

Loss of. An employee shall lose all seniority and service and shall be deemed to have terminated if he: resigns; is discharged and not reinstated through the procedure; is retired; is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Hospital of Hospitalof such absence and providing to the Hospital a satisfactory reason; has been laid off for twenty-four (24) months; if the employee has been laid off and fails to return to work within seven (7) calendar days after that employee has been notified by the Hospital through registered mail addressed to the last address on the records of the Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall is Recall; Effect of Absence Part-time employees shall accrue seniority for a period of eighteen (18) monthsand service for a period of fifteen (15) weeks if absent due to illness or a disability resulting in benefits, on the basis of what the employee’s normal regular hours of work would have been. Effective September part-time employees shall accrue seniority for a period of thirty calendar (30) months from and service for a period of fifteen (15) weeks if absent due to a disability resulting in benefits, on the time basis of what the disability or illness commenced." employee’s normal regular hours of work would have been. Job "Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within positionwithin the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications for such vacancy shall be made in writing within the seven (7) day period referred referredto herein. The shall stipulate the qualifications, classifications, rate of pay, department and and a copy shall be provided to hereinthe Chief Xxxxxxx. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three (3) consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three (3) day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. Successful employees need not be considered for other vacancies within a six (6) month period unless an opportunity arises which allows the employee to change his or her permanent status. The name of the successful applicant will be posted on the bulletin board for a period of seven (7) calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to referredto in this Article, employees in other bargaining units at bargainingunitsat the Hospital will Hospitalwill be considered selected in accordance with the criteria for such positions selection above, prior to considering persons who are not employed by members of bargaining units at the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to thirty (30) days, during which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of seniority. The vacancy resulting from the posting may be filled on a temporary basis until the trial period is completed." . A list of vacancies filled in the preceding month under this article Article and the names of the successful applicants will be posted, with a copy provided to the union. All shall contain the following information: Department; Classification; Status; Shift; and Wage Rate; and shall state: "This position open to male and female applicants". The successful applicant from within the bargaining unit to During the job posting shall be appointed to and selection process, the Hospital may fill the position within fifteen working days following the completion of the postingas it sees fit. Where an assignment from one job classification to another or from one department to another exceeds four weeks in duration, the job shall be posted in accordance with the provisions of Article of While holding this Agreement. The Hospital when notified by the employee, verification from the attending physician, that said employee will be absent due to illness for a period longer than four weeks from date of notification, the position will be posted filled according to Article The provisions of the above two paragraphs of this article shall not apply in the case of an employee absent due to maternity, sick leave, vacation, authorized leave of absence, or absent and receiving benefits under the of the Workers' Compensation Act. Transfer and Outside the Unit "Effective for employees transferred out of the bargaining unit subsequent to November 1985: It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding months. Such employees on temporary assignments shall remain members of the bargaining unit. An employee who is transferred to a position outside the bargaining unit shall not, subject to below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit he shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his return to the bargaining unit. In the event an employee transferred out of the bargaining unit under above is returned to the bargaining unit within a period of six calendar months he shall accumulate seniority during the period of time outside the bargaining unit." outside the bargaining unit as of November will be credited with whatever seniority they held under the collective agreement expiring September should they be to the bargaining unit subsequent to November Transfer of and Service "Effective November and for employees who transfer subsequent to November 1985: For application of seniority for purposes of promotion, demotion, transfer, layoff and recall and service for purposes of vacation entitlement and wage progression: an employee whose status is changed from interim full-time to position, a member of the part-time shall receive full credit for his seniority and service; an employee whose status is changed from partservice bargaining unit would continue to be covered by the Part-time to full-time shall receive credit for his seniority and service on Collective Agreement. Once the basis of one year for each hours worked. The above noted temporary interim vacancy ceases, the employee shall be allowed a trial period returned to her former position. Article Transfer and outside of up to thirty days, which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return or be returned without loss of seniority to former duties on the same shift in the same department and at the appropriate rate of pay, subject to any which would have occurred had he not transferred.Unit

Loss of. An employee shall lose all seniority and service and shall be deemed to have terminated if he: resigns; is discharged and not reinstated through the procedure; is retired; is absent from from. scheduled work for a period of three or (3)or more consecutive working days without notifying the Hospital of notifyingthe Hospitalof such absence and providing to the Hospital a satisfactory reason; has been laid off for months; twenty-four (24) if the employee has been laid off and fails to return to work within seven calendar days after that employee has been notified by the Hospital through registered mail addressed to the last address on the records of the Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall Recall; is absent due to illness or disability for a period of thirty calendar months from the time the disability or illness commenced." . It understood that during an unpaid absence not exceeding thirty continuous days or any approved absence paid by the Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty (30)continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or shall be suspended for the period of the absence in excess of thirty (30)continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will becomeresponsible for full paymentof any subsidized employee benefits inwhich is participatingfor period of absence, except that the Hospital will continue to pay its share of the premiums up to eighteen months while an employee is in receipt of benefits. Notwithstandingthis provision, service shall accruefor a periodof fifteen weeks 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 purposesof promotion, demotion, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for period of eighteen (18) months if an employee's absence is due to disability resulting in benefits, or benefits, or for a period of one year an employee's unpaid absence is due to an illness. Job "Posting Where a permanent vacancy permanentvacancy occurs in a classification within ina classificationwithin the bargaining unit or a new position within positionwithin the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three consecutive (3)consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The name of the successful applicant will be posted on the bulletin board for a period of seven calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this inthis Article, employees in other bargaining units at the Hospital will be considered for such positions prior to considering persons not employed by the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to thirty days, during which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of seniority. The vacancy resulting from the posting may be filled on a temporary basis until the trial period is completed." . A list of vacancies filled in the preceding month under this article Article and the names of the successful applicants will be posted, with a copy provided to the union. All shall Each postingwill contain the following information: Department; Classification; Status; Shift; and Wage Rate; and shall state: "This position open , job title, involvedand rate of pay. Applicants may apply in writing to male and female applicants"the Personnel Office. Where there are no successfulapplicants, an employee may be hiredfrom outsidethe bargaining unit. The successful applicant from within Employer shall have the right to fill any job opening on a temporary basis. For clarificationit is understoodthat bothfull-time and part-timeemployees may apply for vacancies in either bargaining unit and appointment shall made of the senior applicant able to meet the normal requirementsof the job posting shall be appointed to fill the position within fifteen working days following the completion of the posting. Where an assignment from one job classification to another or from one department to another exceeds four weeks in duration, the job shall be posted in accordance with the provisions of Article of this Agreement. The Hospital when notified by the employee, verification from the attending physician, that said employee will be absent due to illness for a period longer than four weeks from date of notification, the position will be posted filled according to Article The provisions of the above two paragraphs of this article shall not apply in the case of an employee absent due to maternity, sick leave, vacation, authorized leave of absence, or absent and receiving benefits under the of the Workers' Compensation Act. Transfer and Outside the Unit "Effective for employees transferred out regardless of the bargaining unit subsequent to November 1985: It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding months. Such employees on temporary assignments shall remain members of the bargaining unit. An employee who is transferred to a position outside the bargaining unit shall not, subject to below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit he shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his return to the bargaining unit. In the event an employee transferred out of the bargaining unit under above is returned to the bargaining unit within a period of six calendar months he shall accumulate seniority during the period of time outside the bargaining unit." outside the bargaining unit as of November will be credited with whatever seniority they held under the collective agreement expiring September should they be to the bargaining unit subsequent to November Transfer of and Service "Effective November and for employees who transfer subsequent to November 1985: For application of seniority for purposes of promotion, demotion, transfer, layoff and recall and service for purposes of vacation entitlement and wage progression: an employee whose status is changed from full-time to part-time shall receive full credit for his seniority and service; an employee whose status is changed from part-time to full-time shall receive credit for his seniority and service on the basis of one year for each hours worked. The above noted employee shall be allowed a trial period of up to thirty days, which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return or be returned without loss of seniority to former duties on the same shift in the same department and at the appropriate rate of pay, subject to any which would have occurred had he not transferredindividual comes.