SENIORITY Sample Clauses
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. A. A newly hired Employee shall be on a probationary status for sixty (60) work days beginning with the Employee's first paid day. If at any time prior to the completion of the sixty (60) work day probationary period, the Employee's work performance is unsatisfactory, she/he may be dismissed by the Employer and shall not have the right to the grievance procedure or arbitration. Probationary Employees who are absent during the first (60) work days shall remain on probation until he/she completes sixty (60) actual work days. All newly hired Employees, except in Division IV, shall be placed on the start step of the appropriate salary schedule. In no event except in Division IV, shall a newly hired Employee begin on a higher step than start on the appropriate salary schedule. Upon satisfactory completion of the probationary period, the Employee's seniority date shall be retroactive to the date the Employee completed, signed and submitted the MEA membership forms. An Employee will lose or have his/her seniority date adjusted for the following reasons:
1. He/she resigns.
2. He/she is discharged for just cause and not reinstated through the grievance procedure.
3. He/she retires.
4. He/she transfers to another Division. Seniority will again be adjusted if an Employee transfers out or returns to their original Division at the superintendent’s discretion.
B. An agreed to seniority list shall be maintained by the Human Resources Dept. on the District Intranet. Such list shall contain the date of hire, seniority date and classification seniority date, and any adjustments made.
C. There shall be separate seniority rosters for each Division (See Article 2‐A) (Recognition/Divisions) of Employees which shall be maintained by the District, and which shall not be interchangeable.
D. Seniority shall be defined as continuous service within a Division (See Article 2‐A) from the first paid day as a Bargaining Unit Employee within the Brighton Area Schools.
E. In the event two or more bargaining unit members have the same seniority date, the last four (4) digits of their social security numbers, beginning with the highest number first, shall determine their ranking on the seniority list.
SENIORITY. A. Seniority shall be defined as either bargaining unit seniority or job classification seniority.
(1) Bargaining unit seniority is defined as the continuous unbroken employment by an employee in the bargaining unit covered by this Agreement irrespective of the job classification in which the service is rendered.
(2) Job Classification seniority is defined as the continuous unbroken employment by an employee in a job classification contained in the bargaining unit covered by this Agreement. In the event job classification seniority is broken by a transfer to another job classification in the bargaining unit, all prior service in the same classification will be accumulated in the event there is a return to the initial job classification.
(3) It is agreed that two seniority lists will be maintained by the Board and monitored by the Board and the Association. One list shall be entitled "Bargaining Unit Seniority" and the other shall be entitled "Job Classification Seniority". The latter list shall cover the following three (3) job classifications.
(a) Mechanics
(b) Maintenance Personnel
(c) Custodians There shall be annexed to this contract agreed upon lists establishing the seniority of all current employees. In establishing these and future lists it is recognized that the names of probationary employees (as elsewhere defined) shall not be added to the lists until the probationary period has been completed.
(4) It is understood and agreed that the Board has the unqualified right to make assignments of work and assignments of shift.
B. Whenever the Board decreases its workforce the following procedure will be followed in making layoffs in the bargaining unit:
(a) Probationary employees in the job classification being reduced will be laid off first.
(b) In the event there are no probationary employees in the job classification then the employee with the least amount of job classification seniority shall be the first to be laid off.
C. An employee who has been laid off for lack of work shall have the right to request a job transfer to another classification within the bargaining unit. This right shall be limited to a transfer to a classification lower in rank than the one from which he/she has been laid off. For purposes of this paragraph, the job classifications rank from highest to lowest as follows:
(1) Mechanics (2) Maintenance (3)
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 except Union Leave as per sub-article 18.02.
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 Collective 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 a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness 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.
9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time an...
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.
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. 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. 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. 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. Seniority shall be defined as length of continuous employment with the Employer in the bargaining unit.