Promotion Outside Bargaining Unit Clause Samples
The 'Promotion Outside Bargaining Unit' clause defines the rules and procedures that apply when an employee is promoted to a position that is not covered by the current bargaining unit or collective agreement. Typically, this clause outlines how such promotions affect the employee's union status, seniority, and benefits, and may specify whether the employee retains any rights to return to the bargaining unit in the future. Its core practical function is to clarify the implications of moving to a non-unionized or differently represented role, thereby preventing disputes and ensuring both the employer and employee understand the consequences of such a promotion.
Promotion Outside Bargaining Unit. (a) Employees promoted prior to July 1, 1985 to official positions or to positions excepted or excluded from the terms of this agreement shall retain their rights and continue to accumulate seniority on the seniority list from which promoted.
(b) Employees promoted subsequent to June 30, 1985, to official positions or to positions excepted or excluded from the terms of this agreement, or to positions not covered by another agreement or to non-scheduled positions shall no longer accumulate seniority, effective with the date of promotion, but shall retain the seniority rights accumulated to that date. Employees desiring to have their seniority protected must, within 30 days from the date of promotion, contact the Union making their request known. The Union shall make the final determination and arrangements, advising the Company of the result. The seniority protection may be extended by mutual agreement. For employees whose seniority protection is extended by mutual agreement, the Company shall deduct on the payroll from the wages due and payable for each such employee, an amount equivalent to the full monthly dues of the Union, subject to the conditions and exceptions set forth in the Collective Agreement.
(c) If an employee is released from such position covered by Articles 21.8 (a) or 21.8 (b) above, s/he must revert to the seniority list and position from which promoted unless such position has been abolished or is held by a senior employee. In such instance employee may exercise his/her seniority to displace a junior employee on that seniority list after providing the junior employee with no less than three days advance notice of displacement.
(d) Employees holding positions as described in Articles 21.8 (a) or 21.8 (b) must exercise seniority as provided in Article 21.8 (c) above and in accordance with Article 25.2 before being eligible to apply for a schedule position under bulletin.
Promotion Outside Bargaining Unit. An employee in a classification represented by the Union who has been in the past, or will in the future, be promoted to a position outside the bargaining unit, shall serve an orientation period of sixty (60) working days in the non-bargaining unit position. If, during the orientation period, the employee elects not to remain in such position, the employee may return to the bargaining unit in the same position of which the employee left without loss of seniority. This provision shall not preclude the Employer, during such orientation period, to demote the employee to their former position, if in the opinion of the Employer, the employee is not performing satisfactorily. In this case, the employee will return to the former position and seniority status. After completion of the orientation period, a promoted employee no longer in the bargaining unit may regain seniority status in the bargaining unit if there is an open position which the employee has previously held prior to the promotion. Upon return to the bargaining unit, the employee shall maintain the classification seniority that was held prior to the promotion to the non-bargaining unit position. All vacancies created by promotions outside the bargaining unit shall be of a provisional status during the orientation period. Upon completion of the orientation period, all provisional appointments shall become permanent.
Promotion Outside Bargaining Unit. (a) Employees who leave the bargaining unit on a trial basis (up to three (3) months) but remain in the employ of the Company, shall continue to remit Union dues and shall have the right to re-enter the bargaining unit and retain their full Company Seniority.
(b) Following the trial period, bargaining unit Seniority shall be frozen and re-entry to the unit shall be at the Company's discretion.
(c) Re-entry shall be to the Part-Time list until a position vacancy is obtained consistent with Clause 15.01 of this Agreement.
Promotion Outside Bargaining Unit. Any employee promoted to a Company position outside of the bargaining unit covered by this Agreement shall retain all of their seniority (both departmental and plant) for a period of sixty (60) days following the date of their promotion. If an employee who was promoted to a supervisory position returns to the bargaining unit within the sixty (60) day period, they shall return to their previous department. If there are no open positions in their previous department, they shall return to their previous division.
Promotion Outside Bargaining Unit. (a) An employee who is temporarily promoted to an official or excepted position within the Communications Centre will have his/her name continued on the seniority list and will retain seniority rights and continue to accumulate seniority.
(b) When released from such official or excepted position, the employee will revert back to the position held prior to the promotion.
(c) The Company shall deduct on the payroll from the wages due and payable for each employee temporarily promoted, an amount equivalent to the full monthly dues of the Union subject to the conditions and exceptions set forth in the collective agreement.
(d) Employee accepting a permanent promotion will be permanently removed from the seniority list.
(e) An employee who is temporarily promoted to an official or excepted position with the railway will be governed by the following policy entitled: “Compensation and Benefits for Unionized Employees who Temporarily Assume Non-Unionized Positions” (currently CP Policy 8503)
Promotion Outside Bargaining Unit. Employees permanently promoted to positions outside the bargaining unit shall continue to accumulate seniority for a period of six months following such transfer. Should such employees return to the bargaining unit during the six months period, they shall be returned to the position held by such employee immediately prior to such transfer. This provision shall apply only once to an employee.
Promotion Outside Bargaining Unit. Employees promoted prior to July to official positions or to positions excepted or excluded from the terms of this agreement shall retain their rights and continue to accumulate seniority on the seniority list from which promoted. Employees promoted subsequent to June to official positions or to positions excepted or excluded from the terms of this agreement, or to positions not covered by another agreement or to non-scheduled positions shall no longer accumulate seniority, effective with the date of promotion, but shall retain the seniority rights accumulated to that date. Employees desiring to have their seniority protected must, within days from the date of promotion, contact the Union making their request known. The Union shall make the final determination and arrangements, advising the Company of the result. The seniority protection may be extended by mutual agreement. For employees whose seniority protection is extended by mutual agreement, the Company shall deduct on the payroll from the wages due and payable for each such employee, an amount equivalent to the full monthly dues of the Union, subject to the conditions and exceptions set forth in the Collective Agreement If an employee is released from such position covered by Articles
Promotion Outside Bargaining Unit. Employees may be selected for promotion to a position excluded from the bargaining unit at NCC’s discretion, provided the employee selected consents. An employee so selected may be returned, at NCC’s option, to his former job classification or its equivalent position within the bargaining unit, without loss of seniority, within six (6) months after commencing in the new position.