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.
POPULAR SAMPLE Copied 73 times
SENIORITY. 20.01 Seniority for employees shall be defined as the length of the employee's continuous employment from the last date on which they commenced work with the Employer. The Employer and the Union will determine a fair and equitable way of resolving the seniority ranking for employees who are hired on the same day. Should the Employer and the Union be unable to determine a method, lots will be drawn with the Employer and Union as scrutineers to the procedure.
20.02 Seniority will be considered broken and services terminated if an employee:
(a) is discharged by the Employer for just cause and not reinstated;
(b) voluntarily quits or resigns;
(c) has been laid off continuously for a period of twelve (12) months or is called back to work after layoff and does not return to work within seven (7) calendar days of receiving a registered letter to their last known address;
(d) fails to return to work on the completion of an authorized leave of absence, vacation, or suspension, unless a satisfactory reason is given;
(e) is absent from work without a written leave of absence for more than three (3) calendar days unless a satisfactory reason is given by the employee.
(f) who is a casual employee refuses three (3) shifts in a row (for which the employee has previously indicated their availability to work), excluding periods of illness, vacation, maternity leave, etc.
(g) who is a casual employee who has not worked any shifts authorized by management in six (6) consecutive months (excluding periods of illness, maternity leave/parental leave).
20.03 Seniority shall be the governing factor in matters of demotion, layoff, recall after layoff, reduction to part-time, and choice of vacation. In the event of layoff, or reduction to part-time, reverse order of seniority shall apply to all affected employees in the bargaining unit. Seniority shall be the governing factor in all matters of promotion, awarding of new positions or vacant positions, transfers, preference of shift within the classification, providing the employee has the ability to do the normal requirements of the job within the ninety (90) day familiarization period and meets the required qualifications of the job posting.
20.04 If an employee is promoted to a position outside the bargaining unit, they shall retain their seniority accumulated up to the date of leaving the unit, but will not accumulate any further seniority. An employee shall have the right to return to a position in the bargaining unit during thei...
SENIORITY. 20.01 Seniority shall be defined as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hire.
20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury.
20.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee:
a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;
b) voluntarily quits or resigns;
c) has been laid off continuously for a period of twelve (12) months or is called back to work after a lay-off and does not return to work within seven (7) calendar days of receiving a registered letter sent to their last known address;
d) is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such as sickness;
e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee.
20.04 The selection of employees for vacant or new positions shall be on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee in a higher paying classification, leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee has, in the judgement of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required.
SENIORITY. (a) Seniority for full-time employees shall be determined by Branch and Division where applicable by the date on which such employees become full-time employees.
(b) Seniority shall be applicable by Branch and Division for full-time employees for the following purposes: the selection of vacations lay-offs overtime opportunities as outlined in Article 9, Hours of Work and Article 11, Overtime scheduling of hours and days of work
(c) A Branch and Divisional full-time seniority list and a separate Branch part- time seniority list shall be placed on the Employer’s bulletin board and forwarded to each respective Local Union every 6 months.
(d) For all new Part-time employees hired after ratification, seniority shall be determined by the date of hire as a part-time employee. Part-time employees shall be placed on the appropriate part-time seniority list in accordance with this Article, based on the first employee to clock in on their first scheduled shift after they have been hired. (i.e. first to work, first on list).
(a) In the event a full-time vacancy occurs within a Branch or Division, within the classifications covered hereunder, such vacancies shall be filled in accordance with seniority, provided the employee considered for the vacancy possesses the ability and qualifications necessary for the full-time vacancy. The Employer shall determine the ability and qualifications necessary for the full-time vacancy, provided such determination shall not be unreasonable and shall be subject to the grievance procedure. Any employee who has been selected to fill a full-time vacancy and within a sixty (60) day trial period but no earlier than thirty (30) days does not meet the Employer’s requirements for the full-time vacancy, he/she shall be restored to their former position and shall retain their seniority. The Company will include required qualifications in all job postings. The Company will provide necessary training required for positions within the bargaining unit.
(b) A notice of full-time vacancies occurring in a classification hereby covered shall be placed on the Employer’s bulletin board on the Employer’s premises at least five (5) working days prior to filling of such vacancy. The Employer will post the name of the successful applicant on the company bulletin board for five (5) days after the posting is taken down.
(c) When a full-time vacancy exists, the Employer will fill the vacancy as soon as practicable but no later than fourteen (14) calenda...
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. As of the Closing Date, no Indebtedness or other claim against the Company is senior to the Note in right of payment, whether with respect to interest or upon liquidation or dissolution, or otherwise, other than indebtedness secured by purchase money security interests (which is senior only as to underlying assets covered thereby) and capital lease obligations (which is senior only as to the property covered thereby).
SENIORITY. 11.1 Seniority shall be established and maintained for all employees in the Bargaining Unit as determined within this agreement
11.2 Employees will be regarded as probationary during the first six (6) months of continuous employment.
11.3 Upon successful completion of the probationary period, an employee will be credited with seniority retroactive to the employee's first day worked under the terms of this agreement or date of hire where established as a bargaining unit employee prior to the effective date of this agreement.
11.4 The Seniority list will be revised every three (3) months and posted on designated plant bulletin boards and a copy of the seniority list will be forwarded to the union office.
11.5 For employees who have the same date of hire, their seniority ranking will be determined by way of a draw conducted in the presence of a union representative.
11.6 A bargaining unit employee who accepts a position outside of the bargaining unit on a permanent basis and who maintains the payment of the equivalent of Union dues shall maintain but not accumulate seniority for a period of up to twelve (12) consecutive months. Should the employee wish to return to his/her previous classification prior to the end of the twelve (12) months or should the Company wish to return the employee to his/her previous classification, the employee may exercise seniority to bump a junior employee as per article 15 of the Collective Agreement or accept a vacancy based on his/her seniority. Further, providing there is a vacancy and if the Company allows the employee to return after twelve (12) consecutive months, the employee shall continue with all his/her benefits as entitled under the unbroken service criteria, however, his/her seniority date shall be his/her re-entry date into the bargaining unit. Any exceptions must be agreed to between the parties.
11.7 A bargaining unit employee may accept a position outside of the bargaining unit on a temporary basis for a period of up to twelve (12) consecutive months. During such temporary assignment, the employee shall maintain the payment of dues and accumulate seniority. At the end of the temporary assignment, the employee shall return to his/her previous permanent position. Any exceptions must be agreed to between the parties.
11.8 A classification seniority date shall be established as seniority held as of the effective date of this Agreement and thereafter the date of entry into the classification. The classification seniori...
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. Seniority is defined as the length of service with the Employer, and shall be applied on a bargaining unit wide basis.