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. (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.
(1) Length of continuous service as a regular employee in the bargaining unit or as a laid- off Regular Employee in the Labour Pool. In the case of an apprentice (excluding labour pool employees), seniority will be back dated to the start date of their continuous service upon achieving regular employee status. The following principles should be used to break a tie where two people were hired on the same date in the past. • When an employee is hired into a full time regular classification under the collective Agreement, the starting date in the offer letter shall be considered the seniority date of the employee. • Where two or more individuals are successful in a posted vacancy, the IBEW will forward a letter to NSPI, Human Resources indicating the order in which the employees are to be placed on the seniority list. • NSPI shall endeavour to hire all new regular employees on different days. (No history with NSPI or the IBEW). In the event that two or more employees from the labour pool are hired on the same day, the IBEW will forward a letter to NSPI, Human Resources indicating the order in which the employees are to be placed on seniority list • Employees who have the same seniority date and who were hired prior to 1993 will have their placement on the seniority list determined jointly by the IBEW Business Manager and a Human Resources representative. Placement will be determined through a review of the employee’s personnel file. The joint decision will be final and binding. • Any discrepancies on the seniority list shall be brought to the attention of NSPI, Human Resources by a written letter. NSPI, Human Resources will reply in writing with a confirmation of any changes to the list.
(2) Employees formerly included in the System Operators bargaining unit who are added to this bargaining unit as a result of LRB Order No. 5215 shall:
1. Establish seniority in the bargaining unit as of the effective date of the aforesaid LRB order;
2. Maintain their System Operators Seniority Date as set out in Appendix “A” which shall determine relative seniority with respect to all other persons whose names appear on Appendix “A” System Operators, such persons formerly included in the System Operator bargaining unit;
3. Not be displaced as a System Operator by an employee designated for layoff other than another employee formerly included in the System Operator bargaining unit who has been added to the bargaining unit as a result of the LRB Order.”
(3) Employees formerly...
SENIORITY. 10.01 Definition - Seniority means length of service as an employee with the Art Gallery of Windsor, except when an employee has worked at any time on a part-time basis, the length of service will be calculated on the basis of eighteen hundred (1,800) hours being equal to one (1) year of service.
10.02 The recognized classifications of employment are as follows: Art Rentals Officer Assistant Shop Manager Senior Preparator Assistant Preparator (formerly Preparator I and II) Development Officer Tour and Outreach Coordinator Communications and IT Coordinator (formerly Information Coordinator) Curatorial Coordinator Maintenance I Maintenance II Maintenance PT Membership Clerk PT Receptionist/Typist Registrar/Librarian Sales Clerk PT Studio Coordinator Visitor Services and Membership Officer (formerly Security Officer I) Visitor Services Officer (formerly Security Officer II & III) Public Programs and Education Coordinator
10.03 The recognized classifications of an employee within the bargaining unit are as follows:
(a) A full-time probationary employee is an employee who is employed for the first time by the Employer and who has not completed ninety (90) working days of continuous employment. A probationary employee shall be covered by the terms of this Collective Agreement except he/she shall not have access to the Grievance procedure regarding seniority rights, discipline and/or discharge, and benefit plan coverages.
(b) A part-time employee who is an employee who is employed by the Employer and is regularly scheduled for not more than twenty-four (24) hours per week. A part time employee shall be considered on probation until they have completed two hundred and ninety (290) hours or ninety (90) working days of work with the Employer. Upon completion of such probationary period, part-time employees shall have their names placed on a seniority list with seniority measured from the date of hire.
(c) A temporary employee is an employee who is employed for a fixed term not in excess of one hundred and eighty (180) calendar days of continuous employment, either on a full-time or part-time basis, with the exception of those individuals who are hired to cover a maternity/parental leave, in which case the fixed term shall not exceed three hundred and sixty five (365) calendar days of continuous employment. Should the temporary employee exceed the one hundred and eighty (180) calendar days (or three hundred and sixty-five (365) calendar days in the event of a matern...
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. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agre...
SENIORITY. Apprentices will exercise their seniority in their own group, only in the event of staff reductions, subject to provisions in the collective agreement and job security agreements. For example if there are four apprentices in the trade such as “Railcar Mechanic” and a reduction in this number is required due to lack of work, the first hired or classified as an apprentice shall be the last laid off and the last laid off shall be the first to be reinstated. Upon satisfactory completion of the apprenticeship program, the apprentice will be placed on the respective craft seniority list at the home terminal where they began their apprenticeship and be credited with seniority from date of entry into the apprenticeship. Except as otherwise provided in the Craft Special Rules, apprentices shall on completion of their apprenticeship be permitted to exercise their seniority at their home seniority terminal to displace the junior employee in their Craft in the designated work area of their choice with the shift, days off, hours of work and rate of pay of their choice in accordance with the provisions of Rule 23.14 of Collective Agreement No. 101R. By mutual agreement between the proper officer of the Company and the Local 101R Vice President concerned, an apprentice may at any time during their apprenticeship be permitted to transfer to any location on his Region with a view to remaining at that location on completion of his apprenticeship. Such apprentice shall during the last six months of this apprenticeship be required to make formal application to remain at that point. Such application shall be accepted provided that on completion of this apprenticeship their seniority will permit them to fill a permanent vacancy in accordance with Rule 23.13 or displace an unqualified mechanic. Should their application be accepted, they will have their name placed on the mechanics' permanent seniority list at that point with a seniority date established in accordance with Rule 31. In the event their application is not accepted, such employee will be required to return to the point at which s/he commenced their apprenticeship in order to protect their seniority rights under Rule 31. Notwithstanding the provisions of the Collective Agreement between the Company and the Union, of which these Apprentice Standards shall henceforward be a part, an employee with seniority who is selected for an apprenticeship shall be permitted, if affected by layoff during the first five hundred (50...
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. 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. 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. 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...