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. 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. 11.1 An employee will be considered on probation until they have completed eighty (80) days of actual work in the service of the Corporation. The employees may be removed for cause, which, in the opinion of the Corporation, renders the employee unsuitable for its service during such period. The probationary employee shall have access to the grievance procedure.
11.2 A seniority list will be maintained for each seniority group showing seniority numbers, names, positions, location and date of last entry into the Corporation's service in a position covered by such seniority group, from which date seniority will accumulate. Seniority lists will be maintained by the Corporation and a copy furnished to the designated National or Regional Representative of the Union and the Local Chairperson concerned in February, June and October of each year.
11.3 The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this Agreement. An employee transferred to an excepted position or on leave of absence will have appropriate notation placed opposite his name.
11.4 Protests respecting seniority status must be submitted in writing within 60 calendar days from the date seniority lists are posted. When proof of error is presented by an employee or his representative, such error will be corrected and when so corrected the agreed upon seniority date shall be final. No change shall be made in the existing seniority status of an employee unless concurred by the designated National or Regional Representative of the Union.
11.5 No change shall be made in the seniority date accredited an employee which has appeared on two consecutive annual seniority lists unless the seniority date appearing on such lists was protested in writing within the 60 calendar day period allowed for correctional purposes. Names which have not appeared on two consecutive annual seniority lists shall not be restored to such seniority lists except in accordance with Article 11.13 or by agreement with the designated National or Regional Representative of the Union. A supplemental bulletin will be issued by the Corporation and posted by June 30th of each year showing any corrections to the seniority list as provided for above.
11.6 An employee with less than one year's seniority who, while filling a position under this Agreement, accepts a non-supervisory position under another wage agreement shall forfeit his seniority under this Agreement and his name s...
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. 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. 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. Section 1 - Seniority is defined as the principle under which older employees in point of service with the Company shall be given preference. Seniority shall be determined on the basis of length of service over the entire period of employment.
Section 2 - New employees shall be placed on the seniority list seventy-five (75) calendar days after hiring. A full-time employee, not on the seniority list, who has been terminated and who is subsequently rehired shall be placed on the seniority list after he has actually worked for the Company for a total of 432 straight time hours within a two-year period, such seniority to commence upon the date which is 75 calendar days prior to the date on which the employee so qualified.
Section 3 - Any dispute which may arise over the application of the seniority principle may be treated as a grievance and resolved under the grievance procedure.
Section 4 - Seniority shall not apply to discharges for cause or to disciplinary layoffs or disciplinary demotions.
Section 5 - The discharge of an employee not on the seniority list shall not be subject to arbitration.
Section 6 - An employee who left the Bargaining Unit to accept a Union ineligible position with the Company prior to September 2, 1973 shall accumulate seniority rights up to September 2, 1973. If at some future date he desires to return to the Bargaining Unit, all time following September 2, 1973 shall be considered dead time and shall be without accumulation of seniority rights.
Section 7 - If a former employee who has lost seniority is rehired, his new seniority date shall be the date he is rehired.
Section 8 - Seniority and employment shall be lost for the following reasons:
a) When an employee quits.
b) If he is discharged for cause.
c) If he is laid off for more than twelve (l2) months or 20% of the time worked prior to layoff, whichever is greater.
d) If he overstays a leave of absence.
e) If he is absent from work for more than three (3) days without being covered by a leave of absence, unless the Company is provided reasonable justification covering such entire period.
f) If he is absent from work for any reason for three (3) consecutive workdays without notifying the Company unless there is reasonable justification for such failure.
g) If the employee takes early or normal retirement under the terms of the Pension Plan.
h) If the employee is laid off in accordance with Article XIII and receives severance pay.
i) If he/she is off work on a disability for more...
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. 031 Definition Seniority shall be defined as an employee’s length of continuous service in a classified bargaining unit position from the first date legally hired under contract, unless classification seniority is specifically referred to in a section of this Agreement.