SENIORITY Clause Samples
The SENIORITY clause establishes the order of precedence or ranking among parties, obligations, or financial instruments within an agreement. In practice, this clause determines which debts or claims are to be satisfied first in the event of liquidation, bankruptcy, or distribution of assets, often distinguishing between senior and subordinated creditors. By clearly defining the hierarchy of claims, the clause helps manage risk and ensures all parties understand their position relative to others, thereby reducing disputes and uncertainty in the event of financial distress.
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SENIORITY. 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. Notwithstanding the above, as of January 1, 2020, no Employee will accrue more than ten (10) seniority days in any pay period. The seniority list will be converted to a “days worked list” removing the actual seniority date.
a) Part-Time Seniority Rating Part time Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated twelve (12) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation.
b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year.
14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation.
14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason.
14.4 For the purposes of the probationary pe...
SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit.
9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence.
9.03 Seniority shall be broken and all rights forfeited when:
(a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;
(b) an employee voluntarily leaves the service of the Co-operative;
(c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff;
(d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address;
(e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason.
9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply.
9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement.
9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time b...
SENIORITY. (a) There shall be two seniority lists. The first list shall rank drivers by their overall seniority driving under the Blue Line Taxi roof sign and the second list shall rank drivers by their seniority with the individual Member of the Owners Group.
(b) The Owners Group shall formulate both seniority lists and have copies of said lists posted where accessible to the drivers within ninety (90) days of the signing of this agreement. The drivers will then have sixty (60) days to verify their status on said lists and to provide all information in writing regarding any discrepancies to the Union.
(c) Both parties then have ninety (90) days, from the end of the period outlined in article 16.01(b), to confirm and approve the seniority lists. Once this has been completed these seniority lists shall be final and no changes will be made by either party.
(d) Once annually thereafter, the Owners Group shall post the seniority lists and only new drivers and drivers whose seniority appearing on the previous posted list(s) has changed are entitled to challenge their seniority.
16.02 Seniority shall be applied in the following manner:
(a) For Rental Drivers defined as drivers who rent a taxicab from a Member of the Owners Group on a twelve (12) or twenty-four (24) hour shift basis;
(1) Overall seniority under the Blue Line Taxi roof sign shall determine:
(i) length of time-off;
(ii) preference for time-off;
(iii) bidding on job opening for shifts with any Member of the Owners Group.
(2) Seniority with the individual Member of the Owners Group shall determine:
(i) lay-off;
(ii) recall from lay-off;
(iii) priority on available shifts (12 or 24 hours);
(iv) priority for issuance of leases to drivers currently on rental vehicles;
(v) priority for the purchase of taxi plate currently on rental vehicles.
(b) For Single Plate Owners and Single Plate Lessees
(1) Overall seniority under the Blue Line Taxi roof sign shall determine:
(i) length of time-off. In all other cases seniority with the individual Member of the Owners Group shall determine issues where a choice between two drivers is required.
16.03 In the event of a tie in overall seniority under the Blue Line Taxi roof sign, then seniority for the individual Member of the Owners Group prevails and if still tied the municipal records shall resolve the tie based on the date the drivers were first licensed.
16.04 A newly hired employee shall be required to present to the Member of the Owners Group all relevant documentation p...
SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same
12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off.
12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment.
(a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs.
(b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified appli...
SENIORITY. SECTION 1. Seniority standing shall be granted to all employees covered by this Agreement. The standing is to be determined on the basis of actual length of continuous service from the latest date of permanent employment in the bargaining unit with the Plymouth-Canton Board of Education. All new employees shall be placed on the seniority list as of the first day of employment, upon the completion of a probationary period of six (6) calendar months of employment, which shall include at least three (3) calendar months while school is in session. Probationary employees may be discharged or disciplined by the Employer without the same causing a breach of the Agreement or constituting a grievance.
SECTION 2. Seniority shall be broken for the following reasons:
A. If the employee quits.
B. If the employee is discharged.
C. If the employee is absent without properly notifying the management, unless a satisfactory reason is given.
D. If the employee fails to return to work within three (3) working days after being notified to report to work and does not give a satisfactory reason.
E. If the employee is laid off for a continuous period equal to seniority he had acquired at the time of such layoff period.
F. If the employee retires.
SECTION 3. Employees are expected to give advance notice of termination. Employees failing to give five (5) days notice without reasonable cause for failing to give such notice shall forfeit one- fifth (1/5th) of all pro-rated benefits due for each day less than the above five (5) working days.
SECTION 4. Employees shall be laid off and recalled according to their seniority in their classifications. An employee on scheduled layoff shall have the right to displace a lesser seniority employee who is in a lower classification provided the senior employee is qualified to hold the position held by the employee.
A. The Employer may make temporary transfers of employees to other locations in order to meet the requirements of the operation of the department. The employer shall give full consideration to seniority.
B. Temporary transfers shall be for a period of no longer than thirty (30) working days; extensions may be given by mutual agreement between the Employer and the Union.
C. A position that requires more than thirty (30) days of temporary transfer (except extensions by agreement) shall be considered an open position to be posted.
SECTION 6. An agreed-to Seniority List shall be made available to the Union and to each employee covered by t...
SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.
SENIORITY. Seniority is defined as the length of service with the Employer, and shall be applied on a bargaining unit wide basis.
SENIORITY. Section 1 Seniority for new hires will begin at the time of their first day of employment and shall prevail throughout their time of continuous employment service. Classifications are as follows.
Section 2 In the event of a work force reduction; bargaining unit employees shall be laid off in reverse order of seniority from date of hire. This provision does not apply to the specialty classification of Mechanic, first class or higher.
Section 3 An employee who is in a position designated for reduction may displace any employee within another classification in which said employee has greater seniority, and is qualified for that position (including any required licenses, certifications or prior years of experience, as identified in the applicable job description). Employees who move from one classification to another classification to avoid layoff will begin accruing classification rights for the purpose of job selection within the new classification.
Section 4 When a bargaining unit employee transfers to a new classification his/her seniority shall continue as of the date of transfer and shall be retained for sixty (60) calendar days. After the sixtieth (60th) day; if the employee elects to stay in the new classification seniority in his/her previous classification shall cease.
Section 5 Employees who are laid off shall be placed on a recall list for a period of twenty-four (24) months. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff provided they are presently qualified to perform the work in the classification from which they were laid off.
Section 6 Notice of recall shall be sent to the employees last known address by registered or certified mail return receipt requested. It is the employee’s responsibility to keep the employer informed of his/her current address. An employee must respond to the designated person in the recall notice within ten (10) days of receiving the notice. Employee’s failing to respond within ten (10) days of receipt of the notice or employees whose recall notice are returned through the mail shall be considered to have resigned, shall cease to have seniority and shall have their names removed from the recall list. Employees on layoff status, who have been offered reappointment and refuse such appointment to the class from which they have been laid off, shall be removed from the recall list and terminated.
Section 7 Employees on the recall list who apply and are ...
SENIORITY. 1. Except as provided in this article, “seniority” means an employee’s aggregate length of service with the employer as determined in accordance with the provisions of the Previous Collective Agreement.
2. Porting Seniority
a. Effective July 1, 2020 and despite Article C.2.1 above, an employee who achieves continuing contract status in another school district shall be credited with up to twenty (20) years of seniority accumulated in other school districts in BC. [Note: From July 1, 2019 to June 30, 2020 the limit on the number of years which could be ported was ten (10) years.]
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.