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. 14.01 Employees shall retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of service in the bargaining unit and shall be used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Union-wide basis.
14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union.
14.03 Any newly hired full-time, part-time and casual employees shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge.
14.04 Seniority rights shall cease for the following reasons:
(a) If the employee resigns;
(b) After twenty-four (24) consecutive months on layoff;
(c) If the employee is discharged and the discharge is not reversed through the grievance procedure;
(d) If an employee has been absent from work in excess of five (5) working days without sufficient cause or without notifying his ▇▇▇▇▇▇▇, superintendent, or immediate supervisor, unless satisfactory reason is given;
(e) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason;
(f) If an employee overstays a leave of absence granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given;
(g) Seniority shall end as of the end of the month in which the employee retires
(i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may onl...
SENIORITY. (a) Newly hired full-time employees shall be considered on a probationary basis for a period of three (3) months from the date of hiring. After three (3) months of continuous service, his/her seniority shall date back to the day in which his/her employment began.
(b) Persons on probation may be terminated without recourse to the grievance procedure. However, such persons shall be given the reason(s) for termination in each case. The rate for probationary employees shall be that of this Agreement.
(a) A seniority list for all full-time employees and a separate seniority list for all part-time employees shall be drawn and posted on the bulletin board. This list shall be revised as of January 1 of each year and forwarded to the Union by the end of February of each year. Employees' names and classifications shall appear on the seniority list in order of their respective dates of employment. Additions and deletions shall be forwarded to the Union as they occur.
(b) The Employer and Union agree to place employees on a seniority list as per Article 11; however, in the event that employees share the same seniority date the following process for placement on the seniority list, in order, will be used: i) date of hire ii) date probation is completed as per article 11.01 iii) first to complete their next scheduled shift iv) time of clock in if worked same shift
11.03 In all cases of lay-off due to lack of work or recall following a lay-off, the employee with the greatest amount of seniority will be retained in employment or recalled to work, whichever is applicable, provided he/she is qualified to perform the work available.
11.04 Seniority previously accumulated will be lost whenever an employee:
(a) quits his/her employment, or retires;
(b) is discharged and not reinstated;
(c) is absent from work without reasonable explanation;
(d) she/he is a part-time employee who has not been available for three (3) consecutive calendar months and is not on an approved absence as per the provisions of this agreement;
(e) is laid off for twelve (12) consecutive months or time equal to the employee's length of service, whichever is greater;
(f) fails to return from lay-off within six (6) days of work after being notified to do so; the employee to be recalled must keep the Employer informed of his/her current address and telephone number. Notice of recall may be by telephone, but in all cases a registered letter shall be used either as notice or confirmation.
11.05 The selection o...
SENIORITY. A. Seniority shall be defined as the length of continuous employment within the district as a member of the bargaining unit. Accumulation of seniority shall begin on the employee's first working day. A paid holiday shall be counted as the first working day in applicable situations. In the event that more than one individual employee has the same starting date of work, position on the seniority list shall be determined by drawing numbers.
B. Probationary employees shall have no seniority until the completion of the probationary period at which time their seniority shall revert to their first day of work.
C. All employees shall hold seniority "within district," and "within classification." The first shall reflect his/her most recent date of hire by the district. The second shall reflect his/her most recent date of district employment in one of its classifications. For purposes of this provision, all employees shall be placed in one of the following classifications based on their current assignments:
1. Custodial/Maintenance
2. Secretary (Office)
3. ▇▇▇▇
4. Aide
5. Bus Driver
D. The administration shall prepare, maintain and post the seniority list. The initial seniority list shall be prepared and posted conspicuously in all buildings of the district within thirty (30) days after the effective date of this Agreement with revisions and updates prepared and posted semiannually thereafter. A copy of the seniority list and subsequent revisions shall be furnished to the Association. It shall be the responsibility of the Association to review the seniority list as issued by the administration and to notify the administration of any errors therein within twenty (20) work days of its issuance. Errors not raised to the administration within said time may not be raised as the basis for grieving any personnel action based upon such seniority list.
E. State and Federal programs and statutes shall be observed where applicable for specially funded programs. Except where prohibited, all employees shall receive seniority rights as provided in this Agreement.
F. Seniority shall be lost by an employee upon termination, resignation, retirement or transfer to a non-bargaining unit position, i.e. continuous employment in the bargaining unit is broken.
G. Seniority for employees on layoff shall be retained until such laid off employee's right to recall, as stated in Reduction In Personnel Article, expires. Time during layoff will not be counted toward seniority accumulation.
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.
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. (a) For the purposes of determining a seniority date, an employee's aggregate paid hours will be converted by using the following formula: two thousand and eighty (2,080) paid hours equals one (1) year.
(b) An employee’s seniority shall be calculated from his/her initial date of hire, provided he/she is not absent from work for any period exceeding twelve (12) continuous months for reasons other than illness, injury, layoff or an approved leave of absence. If he/she has been so absent, his/her seniority shall accumulate from his/her last date of hire.
(c) Notwithstanding the foregoing sub-clause, as of May 11, 2000, all employees who were previously covered by a Collective Agreement shall have placed to their credit such seniority as they had accumulated in accordance with the terms of their predecessor collective agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement.
12.01 (d) Notwithstanding clause 12.01(b), as of May 11, 2000, all employees who were not covered by a predecessor Collective Agreement shall have placed to their credit seniority in accordance with Section 33(3)(b) or (c) of the Public Sector Labour Relations ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1997, c.21, Schedule. B, which shall be calculated from their first date of hire with their predecessor employer unless they lost seniority in accordance with clause 12.02, in which case it shall be calculated from their subsequent date of hire. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement.
12.01 (e) Notwithstanding Clause 12.01(b), as of May 11, 2000, all employees who were covered by a predecessor Collective Agreement and who are not excluded from the Unit B bargaining unit in accordance with Clarity Note 2 in Article 2 (Recognition) shall have placed to their credit such seniority as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement.
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. 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...