Common use of SENIORITY Clause in Contracts

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.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority 14.01 Employees shall be retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of continuous service with the Employer within in the bargaining unitunit and shall be used in determining preference or priority for promotions, inclusive 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 training daysthe 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 or employees who transfer from a position outside the bargaining unit 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 most recent date beginning of hire.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. For positions combining seasonal assignments, a performance assessment of three hundred 20.02 14.04 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 rights shall cease to have seniority rights and their employment status with the Employer shall employee will be deemed terminated for all purposes if the employeefollowing reasons: (a) If the employee resigns; (b) After twenty-four (24) consecutive months on layoff; (c) If the employee is duly discharged by and the Employer and discharge is not reinstated reversed through the grievance and arbitration procedure contained in the Agreementprocedure; b(d) voluntarily quits or resigns; c) has been If an employee is laid off continuously for a period of twelve (12) months or is called back and fails to work after a lay-off and does not return to work within seven five (75) calendar working days of receiving a after being notified by registered letter sent mail to their his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; d(e) is absent from work without If an approved employee overstays a leave of absence for more than three (3) consecutive working days granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given given; (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 only return to the bargaining unit during the six (6) month period for this position, through the posting procedure. Such return shall be discussed between the Union and the Corporation. Such return shall not result in the displacement of an employee with greater seniority. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this Agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed twenty-four (24) months unless mutually agreed otherwise by the Parties. The employee such as sickness; e) fails to shall return to work on the his former permanent position upon completion of an authorized leave the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of absence unless a satisfactory reason is given by the employeebargaining unit. 20.04 The selection (iii) An employee may be appointed to a position outside of employees for vacant or new the bargaining unit without a posting, and in such case, the following shall apply: (a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year. (b) During the period of appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority. (c) During the period of appointment, the Parties agree the initial bargaining unit position which the Corporation intends to fill will be back-filled by existing bargaining unit members on the basis of qualificationsseniority and qualifications to perform the work involved. (d) In the event a bargaining unit member is not available to perform this work, ability and seniority. Where qualifications and ability are relatively equalor no member of the bargaining unit is willing to perform this work, seniority a casual labour pool employee will be assigned in accordance with the casual labour pool policy. (e) All subsequent vacancies which the Corporation intends to fill shall be the determining factor. Seniority shall be the governing factor filled in relieving an employee in a higher paying classification, leave requests, scheduling daily hours of work accordance with (c) and recall after layoff, providing the more senior employee has, in the judgment (d) above. (f) It is understood that any member of the Employer which shall bargaining unit appointed to a temporary unposted non-union position will not be exercised in an arbitrary responsible for labour relations or discriminatory manner, human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers. (g) It is understood the ability to satisfactorily be able to perform all aspects above conditions come into effect after five (5) shifts when a member of the work required. Reverse order of seniority shall be the governing factor in all matters of bargaining unit is appointed to a temporary un-posted non-disciplinary demotionunion position. 14.06 The seniority date of employees in municipalities, layoff, boards or commissions which have been or will be assumed by the Corporation and reduction to come within the jurisdiction of this Collective Agreement will be placed in their rightful chronological position on a combined list of employees forming the total seniority list. 14.07 Any regular full-time or part-timetime employee within the Corporation, providing who becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to a disability, shall transfer all accumulated seniority and/or credited service with the Corporation to CUPE Local 1287. 14.08 The following is the process to be used when two (2) or more senior employee has, in employees have 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.same seniority date. Example 1: Example 2:

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 20.01 (a) A new employee shall be known as a probationary employee until he has worked three hundred and seventy-five (375) hours. It is agreed that the dismissal or lay off of a probationary employee shall not be made the subject of a grievance. (a) Before final acceptance for employment, all applicants will be required to pass a physical examination. This examination may include x-ray and such laboratory tests as are required in accordance with the provisions of the Nursing Home Act (where applicable) and the Public Health Act (where applicable) for the protection of the employee and the Employer. If an employee is assigned to work before the physical examination is completed, it is understood that continued employment is pending upon the results of the physical examination. (b) A probationary employee shall receive an evaluation of her work performance from the Employer at or about the three hundred and fifty (350) hours worked period of her probation. (c) On or before the expiry date of an employee’s probationary period, the Employer will notify the employee in writing that; (i) The employee’s appointment to staff is confirmed, or; (ii) The employee’s employment is terminated, and such termination shall be at the sole discretion of the Employer and shall not be subject to the grievance procedure. 13.03 Approved leave(s) of absence in excess of ten (10) working days during the probationary period will not be considered as working days for the purposes of completing the probationary period. 13.04 Seniority for full time employees shall be based on date of hire, except as amended by the terms of this Collective Agreement. Seniority for part time employees shall be based on hours worked. A part time employee who has completed the probationary period shall be credited with three hundred and seventy-five hours of seniority. For purposes of this article part time seniority and service shall be calculated on the basis of one year of seniority for each eighteen hundred (1800) hours paid. Any time worked in excess of an equivalent shall be pro-rated. 13.05 In cases of promotion, demotions or permanent transfer of employees within their respective Home, the ability and seniority of the employees shall be considered. Where these factors are equal, the applicant with the greatest seniority will be considered, provided that in cases of disciplinary demotion the criteria will be whether there was just cause, not whether the grievor had seniority over some other employee. 13.06 Any question having to do with the observance or non-observance of seniority as required by this Agreement may be the subject of a grievance dealt with under the grievance procedure including the arbitration provisions. (a) Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their departmental seniority. An employee about to be laid off may displace any employee with less seniority in another department, provided the employee exercising the right is qualified, able and willing to perform the work of the employee with less seniority, according to the establishing schedules. A layoff shall be defined as a reduction in the length of continuous service with the Employer within the bargaining unitworkforce lasting more than one (1) day, inclusive of training days, from the most recent date of hireas defined in this Agreement. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves (b) In the event of absencea proposed layoff of a permanent or long-term nature, 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 the Home will provide the Union with the Employer shall be terminated for all purposes if the employee: a) is duly discharged by the Employer and at least eight (8) weeks’ notice. This notice is not reinstated through the grievance and arbitration procedure contained in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously addition to required notice 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 employeeindividual employees. 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority 6.01 Departmental seniority and competency shall entitle employees to first consideration for promotion as opportunity shall offer and, in the manner, indicated by department promotion schedule. Inter-plant and inter-departmental seniority is not recognized, except as hereinafter provided. When a number of employees are considered as competent for promotion, seniority shall determine. In the reduction of forces and reemployment, seniority shall determine. If disagreement exists in any case of promotion, discharge, layoff or reemployment, the case may be handled as a formal complaint in the manner herein before provided. 6.02 When an operation requires specially trained production employees, they shall be defined as employed, retained, or rehired, when conditions demand, regardless of other factors involved. Whenever a situation arises that makes necessary the use of the above, steps shall be taken promptly to correct the matter so that regular employees may be used. 6.03 The seniority of any employee is determined by the length of continuous service with the Employer within the bargaining unittheir service, inclusive of training dayscomputed in years, months, and days from the most recent first date of hire. 20.02 Seniority their continuous employment. Time lost through disciplinary action, sickness or layoff shall continue to accumulate during all paid and unpaid authorized leaves of absencenot be deducted from employee's seniority records. Any regular employee hired after April 30, during all lay-offs1995, 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) who 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 prior to accumulating two (2) years of seniority, shall have recall rights by seniority for a period of twelve two (122) months years from the date of his last layoff. Any regular employee who has two (2) or more years of seniority as of the date of his last layoff shall maintain recall rights for a period equal to the length of his seniority, or five (5) years, whichever is called back less. Employees who go out on extended sick or accident leave will maintain their seniority for a period of two (2) years at which time their employment will be considered terminated. 6.04 Layoffs and leaves of absence shall not affect seniority standing, except as provided in Paragraph 6.02 above. When a leave of absence is granted in accordance with established leave of absence procedures negotiated with the Local Union, an employee shall not lose his seniority rights. Leaves of absence shall be recorded in the employment records. 6.05 Probationary employees shall not accumulate seniority, but if and when such probationary employees become regular employees, they shall be given seniority credit for all time worked as probationary employees. Probationary employees are new employees placed in a department for a period of four hundred and forty (440) work hours, after which they will be classified as regular employees or be dismissed as having failed to work after qualify for the duties required of them. 6.06 Any employee, upon being laid off due to shutdown, or reduction of forces, shall be responsible for keeping his address current with the Human Resources Department or appropriate HRIS system. The Company will furnish the Local Union with a lay-off list of all addresses and does not return will furnish to the Local Union quarterly a list of addresses of new employees and of all changes in addresses of which it has been advised by the employees. In the event of recall, the Human Resources Manager shall notify each such employee, in his turn by the most convenient method. A copy of each such recall shall also be sent to the President of the Local Union. Upon direct or written contact, the employee will have 72 hours or until 5:00 p.m. of the third (3rd) workday from such contact, whichever is longer, to indicate acceptance or refusal of the recall. Saturdays, Sundays and holidays will be excluded, unless it is indicated to the employee that the Human Resources Department of the plant will be open on those days. If an employee accepts a recall, they must report for work within and not more than seven (7) calendar days from the date of receiving their acceptance. Failure to comply with any of the requirements of recall will result in the termination of the employee and the forfeiture of all of their seniority rights. If an employee on laid-off status to the street is recalled while on sick leave, they will be recalled on paper and will remain on sick leave until released by their physician, pursuant to 6.03. The Company will keep a registered letter sent record of these transactions. Service records and employment lists shall be open to their last known address;inspection to the Local President of the Union. d) is absent from work without an approved leave 6.07 Employees who voluntarily quit or are discharged for cause shall be considered as new employees if again employed by the Company. 6.08 Full seniority status shall be retained and accumulated by employees while acting as full- time officers or employees of the Local Union or as full-time officers or employees of the International Union, or as full-time national officers or employees of the American Federation of Labor - Congress of Industrial Organizations. When requests are made in writing to the Company by the President of the International Union, leaves of absence for shall be granted to employees who are employed full time by the Union, and seniority shall accumulate during such leaves. The Company shall not be obligated to have in effect at any time more than three (3) consecutive working days unless such leaves of absence and may specify that application shall be made for annual renewals of such leaves, which will be granted upon application. 6.09 Any employee elected to public office in the Government of the United States or any State or to full-time public office in the government of any county or of any city shall be granted 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 for the period of his first term of active service in such elective office. Additional leaves of absence for service in any such elective office shall be granted upon written application by the employee. Full seniority status shall be retained and accumulated by any such employee during the period of any such leave of absence. 20.04 The selection 6.10 A complete seniority list of all employees for vacant or new positions will be posted in each department on the bulletin board within fifteen (15) days after the signing of this Agreement and shall be on the basis of qualifications, ability and seniorityrevised quarterly. Where qualifications and ability are relatively equal, seniority shall This list will 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 available to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor in employees at 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 requiredtimes.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

SENIORITY. 20.01 11.01 Seniority shall be defined as the length of continuous service with the Employer Company within the bargaining unit, inclusive of training days, unit from the most recent date of hire. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. Temporary employees will only have seniority rights over other temporary employees. Temporary employees who have completed their probationary period will be given first consideration for permanent positions that come available in their current department, before new employees are hired. Seniority shall take effect after an employee has served his/her probationary period as referred to in Articles 10.01, 10.02 and 10.04. Upon completion of the said probationary period an employee's seniority shall date back to his/her original date of employment. Seniority for employees hired the same day will be determined by date of application. 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 11.02 An employee shall cease to have seniority rights and their his/her employment status with the Employer company shall be terminated for all purposes if the employee: (a) is duly discharged by the Employer Company 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 fifty-two (1252) months or consecutive weeks; (d) has been laid off temporarily (for less than a period of fifty-two (52) consecutive weeks), and is called back to work after a lay-off layoff and does not return to work within seven (7) calendar days of receiving a registered letter sent to their his/her last known addressaddress unless alternative arrangements have been made with the Company; d(e) is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a and who do not present satisfactory reason is given by the employee such as sicknessevidence showing they were unable to report for work; e(f) fails to return to work on the completion of an authorized leave of absence unless a and who do not present satisfactory reason is given by the employeeevidence showing they were unable to report for work. 20.04 11.03 The selection Company agrees to post on the bulletin board outside the lunchroom, within thirty (30) days after the effective date of this Agreement, a list of employees covered by this Agreement arranged in order of their length of service. Any employee who believes that his/her record of service has been incorrectly stated on such list may request that his/her standing be corrected. In the event the Company contemplates changing the posted list, for vacant or new positions any reason, the Union shall be on notified prior to any such change, and given reasons for same. The Company agrees to make an up-to-date seniority list available to the basis Union every three (3) months thereafter. 11.04 In cases of qualifications, ability layoff 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 reductions of the work requiredforce, the probationary employees will be laid off first. Reverse order In all other cases of layoff, reduction of the work force and re-employment, 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 has the judgement immediate ability to do the normal requirements of the Employer which job. In all other cases of filling of new positions and filling of job vacancies, seniority shall not be exercised in an arbitrary or discriminatory manner, the governing factor providing the employee has the ability to satisfactorily be able to perform all aspects do the normal requirements of the work requiredjob. The Company will consider the individual qualifications of the employee, length of service in that position and the efficient operation of its plant and business.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority 10.01 The term "seniority" as used herein, shall mean accumulated service calculated from the full-time employee's original hiring date, as described in Clause 9.01. 10.02 In the case of equality in seniority ranking, seniority shall be defined as the length of continuous service determined by alphabetical order. 10.03 An employee will lose his seniority and his employment with the Employer within Company will be terminated, for any of 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 employeefollowing reasons: a) If he voluntarily quits, b) If he is duly discharged by the Employer discharged, and is not reinstated through the grievance and arbitration procedure contained in the Agreement; b) voluntarily quits or resigns;procedure, c) has been laid off continuously for a period of twelve (12) months or If he 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;retired, under the Company retirement policy, d) If the employee is absent from work without an Company approved leave of absence absence, for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such as sickness;days, e) If he fails to return to work within three (3) days of being recalled from layoff unless otherwise agreed between the Company and the employee. Contact by way of telegram or registered letter mailed to the last known address of the employee shall constitute a reasonable effort at recall on the completion part of the Company. f) If an authorized employee overstays a Company approved leave of absence without receiving an extension in writing of such leave of absence, unless he has valid reason acceptable to the Company, g) If he accepts gainful employment while on a satisfactory reason leave of absence without first obtaining the consent, in writing, of the Company, h) If an employee is given by the employeelaid off for a period of twelve (12) months. 20.04 The selection i) If an employee has been absent because of employees non-occupational sickness or injury for vacant a period in excess of twelve (12) months, or, in the event of workers’ compensation injury or new positions shall be on the basis illness for a period in excess of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority eighteen (18) months. 10.04 It 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 responsibility of the Employer which shall employee to notify the Company in writing promptly of any change in their address and phone number. 10.05 Employees who are or have been appointed or selected for a supervisory position, or for any position not subject to the provisions of this Agreement, will not be exercised in an arbitrary or discriminatory mannercovered by the provision of this Agreement. An employee transferred to a job outside the bargaining unit, but within the ability to satisfactorily Company will be able to perform all aspects placed on a sixty (60) day probation. If at the end of the work requiredsixty (60) days they remain on the supervisory position they will lose all rights to return to the bargaining unit. 10.06 The Company will post a plant seniority list on the main bulletin board. Reverse order of seniority shall This list will be revised every six (6) months. At the governing factor in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing time the more senior employee has, in the judgement plant list is revised a copy of the Employer which shall not list will be exercised in an arbitrary or discriminatory manner, given to the ability to satisfactorily be able to perform all aspects of the work requiredplant chairperson.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority (a) That before appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be defined as the length date of continuous the employee’s assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the aggregate periods of temporary service prior to the date of assignment, provided that no period of temporary service shall be taken into account for any individual prior to the date when the employee may have voluntarily withdrawn from the service of the Division. 10.2 No permanent employee shall be discharged except for cause. 10.3 In the case of temporary lay-off such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, shall be on the basis that the permanent employee with the Employer within least seniority shall be the bargaining unitfirst to be laid off, inclusive and in the case of training days, from re-employment the permanent employee having the most recent date seniority of hire. 20.02 the laid-off permanent employees shall be first to be re-hired. 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 from date of lay-off off. 10.4 An employee shall lose seniority and does not return to work within seven their name shall be removed from the seniority list for any one of the following reasons: (7a) calendar days voluntary termination of receiving a registered letter sent to their last known address;employment; or (b) discharge for just cause; or (c) retirement under the terms of the Division’s Pension Plan; or (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 failure to return to work on the completion of following an authorized leave of absence unless a satisfactory through illness or other such reason is given acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying the Production Supervisor or the ▇▇▇▇▇▇▇; or (f) failure to contact the appropriate District Maintenance Manager or District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the employee. 20.04 Division. 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 required to satisfactorily be able return to perform all aspects work following lay-off earlier than fifteen (15) working days after receipt of the work requiredabove notice unless through mutual agreement of the employee and the Division. Reverse order The onus is on the employee to inform the Division in writing of their current address. A copy of said notice of recall from lay-off will be forwarded to the Union no later than such notice being sent to the individual. Notwithstanding the remedial authority of an arbitrator under the Labour Relations Act, an employee who has lost seniority as a result of the application of this clause shall be the governing factor notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 10.5 Seniority will continue to accrue if an employee: (a) is on any period of paid leave of absence; or (b) is on any period of paid sick leave; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) is absent on Workers Compensation other than being in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee has, in the judgement receipt of the Employer which shall total permanent disability benefits established under Workers Compensation. 10.6 Seniority will be retained but will not be exercised accrue if an employee: (a) is on any period of unpaid leave of absence of more than five (5) consecutive days; or (b) is laid off for less than eighteen (18) consecutive months; or (c) is in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects receipt of the work requiredtotal and permanent disability benefits established under any disability plan or pension plan. 10.7 A copy of the seniority list shall be provided and sent to each employee covered under the Agreement not later than May 15 in each year.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority (a) For the purposes of this Agreement an instructor's seniority (other than that of a probationary instructor) shall commence with the date of the instructor's most recent hiring (other than as a result of a recall after a lay- off) by the Board and shall be defined maintained and accumulated so long as the length instructor remains in the employ of continuous service with the Employer Board during: (i) a lay-off within any period during which the bargaining unit, inclusive of training days, from the most recent date of hire.instructor was entitled to be recalled, 20.02 Seniority shall continue to accumulate during all paid and unpaid (ii) any sickness or accident, (iii) any authorized leaves leave of absence, during all lay-offs, and during all periods and (iv) any period of sickness and/or injurysecondment to any other organization approved by the Board. 20.03 An employee (b) When a probationary instructor finishes the probationary period the instructor shall cease be entered on the seniority list and shall rank for seniority from the date the instructor was last hired. (c) A loss of seniority shall be deemed to have seniority rights and their employment status with occurred if an instructor employed by the Employer shall be terminated for all purposes if the employeeBoard: a(i) quits; (ii) is duly discharged by the Employer and is not reinstated through by reason of the grievance and arbitration procedure contained in the Agreementprocedure; b(iii) voluntarily quits or resignsis laid off and not recalled within the times provided for in Article 9.05; c(iv) fails following a lay-off to notify the Board within seven (7) working days of the Board sending to the instructor a notice to return to work (such notice to be sent by registered mail to the instructor's last address on record with the Board) of the instructor's intention to return or fails to report for work on the date and at the time specified in such notice, which date is not sooner than said seven (7) working days. 9.02 Seniority lists shall be posted annually by the Board by January 30, and a copy thereof shall be sent to the Recording Secretary of the Local Union. Such list shall contain the work location and language of instruction of each instructor. The Human Resources Department shall also notify the President and Recording Secretary of the Local Union of all hirings (including the work location and percentage of teaching time of each new instructor), lay- offs, transfers, secondments, completion of probation and terminations of employment within two (2) weeks of reporting such actions to the Board and of receiving Board approval where required. Every May and November, the Board shall also provide to the President and Recording Secretary of the Local Union the addresses of all instructors who do not object to the release of such information. 9.03 A new instructor shall cease to be a probationary instructor on December 31st, the last day of the mid-winter break or June 30th, if by any of those dates such instructor has been laid off continuously for a period of completed twelve (12) months or is called back to work after of 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 school year in the bargaining unit. The time while the employee such as sickness; e) fails to return to work is 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 qualificationswithout pay (i.e., ability and seniority. Where qualifications and ability are relatively equalmedical, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee in a higher paying classificationmaternity, leave requestsadoption), 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, included when determining the ability to satisfactorily completed twelve (12) months. The probationary period may be able to perform all aspects extended for one school year by mutual agreement of the work required. Reverse order of seniority shall be instructor and 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 requiredBoard.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority (a) Seniority, as referred to in this Agreement, shall be defined as mean the length of continuous service with the Employer of an employee within the bargaining unit. (b) Seniority shall include the following: (i) Continuous service with the Ottawa-Carleton Housing Authority and the Ottawa Housing Corporation, inclusive and (ii) Continuous service with the City of training daysOttawa, the City of Ottawa Non-Profit Housing Corporation (City Living) and the Ottawa Community Housing Corporation. 12.02 Seniority shall commence from the most recent date first day of hirecontinuous employment provided that the employee has completed the probationary period. 20.02 12.03 Seniority shall continue accumulate under the following circumstances: (a) When the employee is on the active payroll of the Employer; (b) When the employee is off the payroll due to accumulate during all paid an authorized lay off of twelve months or less; (c) When the employee is off the payroll due to an accident and unpaid authorized leaves of absence, during all lay-offswhen the employee is receiving compensation under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, and during all periods when the employee has not accepted employment with another employer; (d) When the employee is off the payroll on any leave of sickness absence authorized by the Employer and/or injuryunder the provisions of this Agreement, except in those situations covered by a leave of absence without pay in excess of twenty (20) days. 20.03 12.04 An employee shall cease to have lose seniority rights and their when he/she: (a) Voluntarily resigns or leaves the employment status with of the Employer shall be terminated for all purposes if the employee: a) or 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 absent from work without authorization for a period in excess of five working days, unless the employee has a reason acceptable to the employer, in which case it shall be deemed to be a voluntary termination; (b) Is discharged and not reinstated; (c) Is off the payroll for a continuous period of more than twelve (12) months or is called back as a result of a lay off; (d) Fails to work after a lay-off and does not return report to work within seven (7) calendar three working days after having been notified of receiving a registered letter sent recall to their last known addresswork following a lay off unless the employee has a reason acceptable to the Employer; 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 Fails to return to work on the completion upon termination of an authorized leave of absence unless the employee has a satisfactory reason is given by acceptable to the employeeEmployer, such failure shall be considered as a voluntary termination. 20.04 The selection of employees for vacant or new positions 12.05 No employee shall be on transferred outside the basis scope of qualificationsthis Agreement without their consent. In the event an employee, ability covered by this Agreement, accepts to be transferred to a position outside the scope of this Agreement and seniority. Where qualifications and ability are relatively equalat a later period, returns to a position within the scope of this Agreement, the employee shall retain the seniority shall be which the determining factor. Seniority shall be employee held at the governing factor in relieving an employee in a higher paying classification, leave requests, scheduling daily hours time of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer which transfer but shall not be exercised in an arbitrary or discriminatory manner, accumulate any additional seniority for the ability to satisfactorily be able to perform all aspects period during which the employee held a position outside the scope 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 requiredthis Collective Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as the length of continuous service employment with the Employer Company within the bargaining unit. Temporary absence from work, inclusive as set forth in this Agreement, shall not break seniority. For all purposes of training daysthis Article, from the most recent date of hire.two (2) seniority lists will be used. One (1) for Production Employees and one (1) for Office Employees 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, during all lay-offs, and during all periods of sickness and/or injuryas the case may be. 20.03 An Seniority rights of an employee shall cease to have seniority rights and their employment status with the Employer shall may be terminated for all purposes if any of the employeefollowing reasons: (a) if an employee voluntarily leaves the employ of the Company; (b) if an employee is duly discharged by for just and sufficient cause and the Employer and employee is not reinstated through use of the grievance and arbitration procedure contained in the AgreementGrievance Procedure; b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve (12) months or is called back if an employee fails to return to work after a lay-off and does not return to work layoff within seven (7) calendar days of receiving a after notice to return to work has been forwarded by registered letter sent mail to their last known addressaddress on file with the Company, unless a satisfactory reason is given by the employee. Substantiated illness, injury, or situations where notice to terminate employment with another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) is absent from if an employee fails to return to work without after the completion of an approved authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such employee. Substantiated illness or injury shall be considered 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 employeereason. 20.04 The selection awarding of employees for vacant promotions, vacancies, or new positions relieving in a higher rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability to perform the normal requirements of the job. The awarding of promotions, vacancies or relieving to the position of Supervisor or Relieving Supervisor shall be based on skill, qualifications, and ability to perform the normal requirements of the job and seniority. Where qualifications where skill, qualifications, and ability are relatively equal, seniority shall will be the determining factor. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. Should more than one applicant apply for a job posting of supervisor or relieving supervisor, an interview process will take place and the results will be made available to the union upon request. In the event of a promotion, the employee will be on a trial period for one hundred and eighty (180) calendar days during which time he or she may elect to return to his or her former job, or the Company may return the employee to his or her former job for just cause. Any employee who does not complete their trial period will be ineligible to apply for the same position for a period of one (1) year. 20.05 Seniority shall be the governing factor in relieving an employee in a higher paying classification, leave requests, scheduling daily hours all cases of work and recall after layoff, layoff providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, involved has the ability to satisfactorily be able to perform all aspects do the normal requirements of the job. Under this definition, the last employee hired shall be the first to be laid off. In the event of layoff, an employee having more seniority than another employee and claiming the other employee's job shall be given a sixteen (16) hour trial period on said job. Any temporary employee who at the time of layoff either does or does not exercise their rights under this paragraph, shall nevertheless only be recalled to work required. Reverse order of seniority in their former classification from which they were initially laid off, or their Plant Help "A" or "B" classification, whichever occurs first. 20.06 Seniority shall be the governing factor in all matters cases of non-disciplinary demotion, layoff, and reduction recall to part-time, work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the employee on layoff who has the most seniority shall be the first to be recalled to work. 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a temporary employee equaling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more senior employee hasof a particular calendar year, in which case the judgement employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the Employer which employee's original date of hire. 20.10 Any employee promoted to a position outside the bargaining unit shall be on a trial period for a period of six (6) calendar months. If the employee is not successful in their new position, or decides to return within the bargaining unit, same will be allowed within the six (6) month period. The employee shall then return to the bargaining unit without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (▇▇▇▇▇▇▇ ▇▇▇▇▇▇). 20.11 Employees who have been awarded a position as a result of a job posting will only be able to retain one (1) "bid-in" classification at any given time. In the event of insufficient work in the classification the employee is currently in, the employee will revert to either Plant Help "A" or "B" only. From Plant Help "A" or "B", they will then be able to rebid on any new bid-in classification that becomes available in the future. The exception to this rule where an employee may bid in or bump into additional classifications will be in the event of layoffs. An exception to the rule will also be when relieving Production Supervisors. 20.12 When a position or positions in a classification is to open to bid, the Company agrees only to fill the positions open for bidding as per the Agreement. If employees who have applied for the job do not get the job they shall not be exercised entitled to bump another employee with less seniority in an arbitrary or discriminatory mannerpositions already occupied, which were not open for bidding, except in the ability to satisfactorily be able to perform all aspects event of the work requiredlayoffs.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 (a) Seniority shall be defined as the length of continuous service employment with the Employer within Company in the bargaining unit, inclusive of training days, . Seniority shall be effective only after a full- time employee has completed a ninety (90) working days probationary period and shall be computed from the most recent date of hirehis first employment. Seniority shall be effective only after a part-time employee has completed a one hundred and twenty (120) calendar day probationary period and shall be computed form his first day of employment. 20.02 (a) Seniority shall continue be the governing factor in matters of demotion, layoff, reduction to accumulate during all paid part-time, re-hire after layoff provided the employee has the capability and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injurywillingness to perform the work required. 20.03 An employee shall cease to have seniority rights (b) In cases of filling permanent job vacancies and their employment status with promotions, the Employer following factors shall be terminated considered: (I) seniority; (II) general knowledge of the business and ability. Where the factors in (ii) are relatively equal, than (i) shall be the governing factor. (c) All vacancies will be posted for all purposes five (5) working days at this location. 17.03 Termination of employment and loss of seniority shall result if the employee: a(I) is duly discharged for just cause by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;Company’ b(II) voluntarily quits or resigns; c(III) has been laid off continuously for a period of more than twelve (12) months or months; (IV) is called back to work after a lay-off layoff and does not return to work within seven two (72) calendar days weeks of receiving a such notification by the Company by registered letter sent to their the last known addressaddress of the employee; 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; eV) fails to return to work on the completion of an authorized leave vacation, or Leave of absence Absence unless a satisfactory reason such failure is given by due to provable sickness; and (VI) is absent for three (3) consecutive working days without notifying the employeeemployer. 20.04 17.04 Any employee transferred or promoted to a position outside the bargaining unit shall lose all seniority rights under the Collective Agreement six (6) months after the date of the transfer out of the bargaining unit. 17.05 The selection of employees for vacant or new positions shall be on the basis of qualificationsCompany, 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 when reducing hours of work and recall after layoffwork, providing agree they will not reduce the more senior employee has, in the judgment regular scheduled hours of the Employer which shall not be exercised in an arbitrary or discriminatory manner, full-time employee for the ability to satisfactorily be able to perform all aspects purpose of the work required. Reverse order of seniority shall be the governing factor in all matters of nonreplacing such hours with part-disciplinary demotion, layoff, and reduction time. 17.06 Full-time employees reduced to part-timetime status will maintain their seniority and their full-time rate of pay. 17.07 For the purposes of seniority, providing the more senior when a part-time employee has, in the judgement of the Employer which shall not be exercised in an arbitrary or discriminatory manneris promoted to full-time status, the ability to satisfactorily following method of calculating wage and seniority will be able to perform all aspects utilized: For every one hundred and sixty (160) hours worked, the employee will be credited with one (1) month’s seniority. 17.08 Employees will be placed on the seniority list based on their length of continuous employment with the work requiredCompany.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 20.1 Seniority for full-time employees will be measured in days using the calculation of regular hours of paid work divided by seven (7). Seniority for permanent part-time employees will be measured in days using the calculation of regular hours of paid work divided by seven (7), plus a percentage bonus that is applied continuously throughout employment. In the first and second year of employment the part-time seniority bonus applied shall be ten percent (10%). In the third and fourth years of employment the bonus applied shall be fifteen percent (15%). In the fifth and all subsequent years of employment the bonus applied shall be twenty percent (20%). In no case will this formula for part time workers result in more than 5 days seniority per week. 20.2 For all Employees time on authorized unpaid leave shall be considered equivalent to paid time for the purposes of determining seniority. For greater clarity, overtime work shall not be included in determining seniority. Seniority shall be defined as the length of continuous service with the Employer determine, within the bargaining Bargaining unit, inclusive of training dayspriority for appointments to vacant and new positions, from the most recent date of hirelayoff and recall, vacation scheduling and other rights or benefits to which seniority applies in this agreement. 20.02 20.3 Seniority shall continue to accumulate during all paid terminate when the Employee voluntarily resigns, retires, when term employment ends and unpaid authorized leaves there is a break in employment of absence(6) months or more, during all lay-offs, or is discharged 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 arbitration. Seniority shall also terminate where an Employee fails to return from an authorized leave of twelve (12) months absence without sufficient explanation, or is called back fails to work after a lay-off and does not return to work from layoff within seven (7) calendar working 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 employeerecall notice. 20.04 The selection 20.4 In the event of employees for vacant or new positions a lay-off the Employer shall be on lay-off Employees in reverse order of seniority providing that the basis of qualifications, ability and seniority. Where remaining Employees have the qualifications and ability are relatively equal, seniority to perform the work available. 20.5 Employees shall be recalled in reverse order providing they have the determining factor. Seniority qualifications and ability to perform the work available. 20.6 A seniority list shall be appended to the governing factor in relieving Collective Agreement. The Employer shall post an employee in a higher paying classification, leave requests, scheduling daily hours up-to-date seniority list on January 1 and July 1 of work and recall after layoff, providing the more senior employee has, in the judgment each year. The Employer will provide these lists to all Employees working outside 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 requiredNational Office.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 10.01 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 hireCompany. 20.02 Seniority 10.02 Every employee shall continue to accumulate during all paid and unpaid authorized leaves be considered probationary for the first four hundred eighty (480) hours of absence, during all lay-offswork, and shall attain no seniority during all periods that period. At the conclusion of sickness and/or injurythe employee's probationary period, he shall be placed on the seniority list and his seniority date back to the day on which his employment began. 20.03 10.03 An employee shall cease to have lose his seniority rights and their employment status with standing under the Employer shall be terminated for all purposes if the employeefollowing conditions: (a) If the employee quits the employ of the Company; (b) If the employee is duly discharged by the Employer and such discharge is not reinstated reversed through the grievance and arbitration procedure contained in the Agreementprocedure; b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve (12) months or is called back If the employee fails to return to work after a lay-off and does not return to work layoff within seven (7) calendar days of receiving a registered letter sent after being requested so to their last known addressdo by the Company; (d) If the employee is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a without advising the Company and giving reasons satisfactory reason is given by to the Company either before his absence or upon his return; (e) If the employee such as sickness; e) fails to return to takes work on the completion of an authorized elsewhere during leave of absence unless a satisfactory without the consent of the Company; (f) If the employee is off the payroll for any reason is given by the employeefor twelve (12) calendar months of work. 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 has10.04 Where, in the judgment of the Employer Company, which judgment shall not be exercised in an arbitrary or unfairly discriminatory manner, the ability to satisfactorily be able to perform all aspects there is equality of the work required. Reverse order of seniority shall be the governing factor in all matters of non-disciplinary demotionskill, layoffcompetence, and reduction to part-timeefficiency, providing the more senior employee hashaving the least seniority shall, in the judgement case of layoff, be the Employer which first laid off. The reverse procedure will be followed in cases of rehirings. 10.05 In promotion to positions within the bargaining unit, preference shall not be exercised given to those employees having the longest service, subject to the same considerations enumerated in an arbitrary or discriminatory manner, Section 10.04. 10.06 Supervisors promoted from the ability bargaining unit shall continue to satisfactorily be able to perform all aspects of accumulate seniority in the work requiredbargaining unit while holding such supervisory positions.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority (a) That before appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be defined as the length date of continuous the employee’s assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the aggregate periods of temporary service prior to the date of assignment, provided that no period of temporary service shall be taken into account for any individual prior to the date when the employee may have voluntarily withdrawn from the service of the Division. 9.2 No permanent employee shall be discharged except for cause. 9.3 In the case of temporary lay-off, such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, shall be on the basis that the permanent employee with the Employer within least seniority shall be the bargaining unitfirst to be laid off, inclusive and in the case of training days, from re-employment the permanent employee having the most recent date seniority of hire. 20.02 the laid-off permanent employees shall be first to be rehired. 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 from date of lay-off off. 9.4 An employee shall lose seniority and does not return to work within seven the employee's name shall be removed from the seniority list for any one of the following reasons: (7a) calendar days voluntary termination of receiving a registered letter sent to their last known address;employment; or (b) discharge for just cause; or (c) retirement under the terms of the Division's Pension Plan; or (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 failure to return to work on the completion of following an authorized leave of absence unless a satisfactory through illness or other such reason is given acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying their immediate supervisor and the Division’s computerized absence reporting system; or (f) failure to contact the appropriate District Maintenance Manager or District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the employee. 20.04 Division. 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 required to satisfactorily be able return to perform all aspects work following lay-off earlier than fifteen (15) working days after receipt of the work requiredabove notice unless through mutual agreement of the employee and the Division. Reverse order The onus is on the employee to inform the Division in writing of their current address. A copy of said notice of recall from lay-off will be forwarded to the Union no later than such notice being sent to the individual. Notwithstanding the remedial authority of an arbitrator under the Labour Relations Act, an employee who has lost seniority as a result of the application of this clause shall be the governing factor notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 9.5 Seniority will continue to accrue if an employee: (a) is on any period of paid leave of absence; or (b) is on any period of paid sick leave; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) is absent on Workers' Compensation other than being in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee has, in the judgement receipt of the Employer which shall total permanent disability benefits established under Workers' Compensation. 9.6 Seniority will be retained but will not be exercised accrue if an employee: (a) is on any period of unpaid leave of absence of more than five (5) consecutive days; or (b) is laid off for less than eighteen (18) consecutive months; or (c) is in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects receipt of the work requiredtotal and permanent disability benefits established under any disability plan or pension plan. 9.7 A copy of the seniority list shall be provided and sent to each employee covered under the Agreement not later than May 15 in each year.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority Seniority, for the purposes of this Agreement, shall be defined as the length of continuous unbroken service within the bargaining unit from the date of the employee’s first day of employment in a bargaining unit position. All bargaining unit seniority is lost when employment is severed by resignation, retirement, failure to return from a leave of absence, failure to return from recall, abandonment, or discharge. Neither lay-off nor the taking of an approved leave, as provided under this Agreement, shall constitute a break in service. A seniority list consistent with this Agreement, shall be prepared by the employer within thirty (30) days of the ratification of this Agreement. The seniority list shall be in rank order of the date of the bargaining unit member's first day of work as a bargaining unit member. In the event more than one individual has the same first day of work as a bargaining unit member, the relative place of such persons on the seniority list, with respect to that date of work, will be determined by a drawing. The date, place and time of the drawing will be provided, in writing, to the Union and all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested bargaining unit members, and particularly those affected, to attend. The President of the Union, or his/her designee shall draw for any person unable to be in attendance. All affected bargaining unit members will be notified, in writing, of the results of the drawing within forty-eight (48) hours of the drawing. The seniority list shall be published (with notation of the certification/approvals then on file with the Employer of each bargaining unit member) and posted conspicuously in the area of each building reserved for bargaining unit members use by October 15th of each school year. Updates of the list shall be published and posted once a year. A copy of the posted seniority list and all subsequent updates shall be provided to the Union. Errors, omissions and/or deletions in or to the list as posted, will be noted and made as required to conform to this Agreement at the request of the Union and notice provided to affected members. All challenges to a seniority list must be made within ten (10) days of the bargaining unitposting of the list. If the challenge results in any corrections, inclusive the corrections shall be posted and subject to another ten (10) day challenge period. The District shall incur no liability for relying upon the accuracy of training the seniority list. For seniority and salary schedule placement purposes, regular teachers or teachers on lay- off status who are substitute teaching with an assignment to one specific teaching position serving forty-five (45) or more working days, from the most recent date of hireor one (1) marking period during a semester, will be given credit for one semester. Bargaining unit personnel working less than full-time will receive salary schedule and seniority credit as follows: 1. Teachers working half-time or less will receive one-quarter (1/4) year credit for each semester worked. 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 2. Teachers working 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 employeehalf-time will receive full credit for each semester worked. 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.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

SENIORITY. 20.01 Seniority 20-1 After 126 days of probationary service in one department, probationary employees will be placed on the seniority list. If an employee does not meet the requirements of the department within this time he or she shall be defined as so informed and not added to the length of continuous service with seniority list. Notwithstanding the Employer within the bargaining unitforegoing, 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 where 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 judgement of the Employer Department Head, which shall not be exercised in an arbitrary or discriminatory unreasonable manner, the ability to satisfactorily be able to perform all aspects circumstances warrant an extension of the probationary period, such extension shall be effected as follows: a) the employee shall be advised in writing, of the reasons for the extension, with a copy to the Union; b) the extension shall be effected within the original probationary period; c) the extension shall be for a period of no more than 63 additional days, unless otherwise agreed to by the Union and the employee concerned. For the purposes of this Article, 126 days of service for employees must be in one department. It will be the accumulation of time for their assigned work, exclusive of overtime, worked over a maximum of three calendar years. After establishing seniority, employees must work required. Reverse in excess of the equivalent of 63 days each year to maintain seniority. 20-2 Departments requiring a call list shall establish the conditions of same by Supplementary Agreement. 20-3 Employees shall be recalled to work in order of seniority. Any employee who has been laid off and fails to report for work when notified shall lose his or her seniority rights unless such failure to report is due to sickness, compassionate or other grounds considered justifiable by the Head of the Department. This provision shall not apply where intermittent work of short duration is involved. 20-4 Employees laid off shall retain seniority ranking for re-employment for 20 months after lay off, notwithstanding the provision for 63 days of work per year, unless they are offered employment and are not available or do not accept. If an employee's availability is affected by reason of sickness, compassionate, or other grounds considered justifiable by the Department Head, he or she shall not lose his or her seniority. This does not apply in the case of a dismissal. 20-5 Employees leaving the service of their own free will shall lose all seniority rights unless an authorized leave of absence is obtained from the Department Head. The Department Head shall file a copy of such authorization with Human Resource Services. 20-6 Seniority of employees in all positions covered by this Agreement shall be established after a probationary period of six months of actual service and shall count from date of employment in the classification. This Clause shall also apply to employees promoted pursuant to Article 12. 20-7 Except for those classifications listed in Appendix “1”, the only positions which entitle employees to classification seniority are permanent or long term temporary which may become permanent (or other temporary positions specifically agreed to, in writing, by both parties) that have been filled in accordance with Article 12. 20-8 In cases where an employee has been recommended for promotion by the Department Head and such promotion is granted, and the transfer is delayed due to difficulty of replacement, the seniority of the affected employee shall commence on the date recommended in the Department Head’s recommendation. In all other cases, seniority shall commence on the date the new duties are assumed. 20-9 For the purpose of this Article, service of a "transferred employee" shall be considered as service from the governing factor date of commencement of employment with the former employer. 20-10 Apprentices, upon completion of their apprenticeship, will be credited with three months of Journeyman seniority per year of apprenticeship with the City up to a maximum of 12 months credit. 20-11 An employee's service date (not seniority date) will be adjusted for the purposes of benefit entitlement, to reflect periods of absence from the workplace except in all matters the following instances: 20-12 Employees who are successful for promotion or transfer to a CUPE Exempt position and successfully complete the probationary period specified in Article 12-5 of nonthe Agreement shall retain their seniority in the bargaining unit to the date of leaving the unit. 20-disciplinary demotion, layoff13 Employees who are promoted or transferred to a position within another civic bargaining unit shall retain their seniority to the date of leaving the unit for a maximum period of six months or such other period as may be agreed to by the City and the Union. Alternatively, and reduction to part-time, providing at the more senior employee has, in the judgement sole discretion of the Employer which shall not be exercised in an arbitrary or discriminatory mannerDepartment Head, employees may retain their seniority to the ability to satisfactorily be able to perform all aspects date of leaving the work requiredunit for a maximum period of 24 months provided their position is backfilled and CUPE union dues are paid during the period of their absence.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 11.01 The Company shall establish a seniority list for its employees. Seniority of an employee covered by the Agreement shall be established after a probationary period. The probationary period shall be the first ninety (90) working days commencing on the employees first scheduled shift. Seniority shall accumulate from the first scheduled shift worked. Employees hired on the same day will be placed on the seniority list in alphabetical order based on their surnames and then their Christian names, following the signature of this collective agreement. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement, except as otherwise provided. Seniority shall be defined as maintained and accumulated during: 1. Absence due to lay-off, sickness or accident; 2. Authorized leave of absence. During the length probationary period the Company shall have the right in its sole discretion, to lay off, dismiss, or terminate any such probationary employee based on its evaluation of continuous service with the Employer within work performance and general attitude. Employees terminated under this subsection will not have the bargaining unitright to grieve the Company's decision, inclusive of training days, from nor will the most recent date of hireUnion have this right. In the Event that a probationary employee successfully completes probationary period and is awaiting security clearance the employer will not terminate the employee unless he/she fails to obtain an approved security clearance. 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 11.02 An employee shall cease to have lose his/her seniority rights standing and their employment status with the Employer his/her name shall be terminated removed from all seniority lists for all purposes if any one of the employeefollowing reasons: a) 1. If the employee voluntarily quits, given in writing; 2. If the employee is duly discharged by the Employer for just and reasonable cause and is not reinstated through in accordance with the grievance and arbitration procedure contained in the provisions of this Agreement; b) voluntarily quits or resigns; c) has been laid off continuously for a period of twelve (12) months or 3. If the employee is called back to work after a laylaid-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 within five (5) working days after he/she has been notified to do so by the employee.Employer. Ten (10) working days if working for another employer; 20.04 The selection of employees for vacant or new positions shall be on the basis of qualifications4. Notwithstanding Article 11 .01a) - 1, 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 off work for medical I other reasons in excess of thirty (30) months, where there is no reasonable likelihood of return of work; 5. If an employee is absent from work for five (5) or more consecutive working days without having notified the company and fails to provide a higher paying classification, leave requests, scheduling daily hours of work and recall after layoff, providing reasonable explanation for the absence; 6. Laid off for 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 requiredthan eighteen (18) months.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 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 defined as the length calculated from his/her initial date of hire, provided he/she is not absent from work for any period exceeding twelve (12) continuous service with the Employer within the bargaining unitmonths for reasons other than illness, inclusive injury, layoff or an approved leave of training daysabsence. If he/she has been so absent, his/her seniority shall accumulate from the most recent his/her last date of hire. 20.02 Seniority (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 accumulate during all paid and unpaid authorized leaves accrue seniority in accordance with the terms of absence, during all lay-offs, and during all periods of sickness and/or injurythis Collective Agreement. 20.03 An employee 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 cease have placed to have their credit seniority rights and 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 employment status 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 Employer 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 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 have placed to their last known address; d) is absent from work without an approved leave credit such seniority as they had accumulated in accordance with the terms of absence for more than three (3) consecutive working days unless a satisfactory reason is given by their predecessor Collective Agreements. Following the employee such as sickness; e) fails aforementioned effective date, employees shall continue to return to work on accrue seniority in accordance with the completion terms of an authorized leave of absence unless a satisfactory reason is given by the employeethis Collective Agreement. 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 7.01 It is the intent of the Parties to maintain a ratio wherein not more than twenty percent (20%) of the total man hours scheduled or worked in an individual store by members of the bargaining unit shall consist of beginner Apprentice Clerks; this does not apply to Courtesy Clerks. This ratio shall be maintained among members of the bargaining unit within each Company, in con­ formance with the above paragraph. Nothing in this Article shall require wage escalation of employees more rapidly than actual experience. The above ratio shall not be considered in new stores for the first sixty (60) days of operation. 7.02 Seniority shall be defined as the length of continuous service con­ tinuous employment with the Employer within Employer. Seni­ ority shall be applied on an individual store basis by classification. Seniority, as defined above, shall apply in the bargaining unitreduction of the number of employees in the same classification in a store performing comparable work, inclusive providing qualifications, ability and availability are equal. Employees shall be recalled to work in the reverse order of training dayslayoff, from subject to the most recent date of hiresame con­ ditions outlined elsewhere in this Paragraph. 20.02 Seniority 7.03 Up to sixty (60) days temporary absence from work shall continue to accumulate during not break seniority. Otherwise, em­ ployees shall lose all paid and unpaid authorized leaves of absenceprevious seniority, 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 relationship shall be terminated for all purposes if the employee:the a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;a. Voluntary quit. b) voluntarily quits or resigns;b. Justifiable discharge. c) has been laid off continuously for a period of twelve (12) months or is called back c. Failure to return 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;temporary absence. 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 d. Failure to return to work on in accordance with the completion terms and provisions of an authorized leave of absence unless a satisfactory reason absence. e. Failure to return to work when recalled from layoff. 7.04 It is given the desire of the Employers and the Union to provide full-time employment in the Retail Food Industry for as many employees as is practical within the range of sound employment practices, which these Parties wish to maintain under this Agreement. It is not the intent of the Employer, by the employee. 20.04 The selection adoption of this Article, to reduce the hours of the senior employees ahead of junior employees. Part-time employees who are available for vacant or new positions work in the store 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 layoffassigned any additional available work, providing the more senior employee hasis available and quali­ fied to perform the work available. 7.05 Employees displaced by store closure or sale shall be considered for work at another store in the area of the same Employer, in accordance with their Company seniority prior to hiring new em­ ployees. Employees transferred to such store within six (6) months prior to closure or sale shall be al­ lowed to return to their former store location in ac­ cordance with their Company seniority as vacancies occur. The foregoing shall be limited to six (6) months after store closure or sale. If the judgment operation of the Employer which shall not be exercised foregoing creates hardship for either party, then the Parties agree to meet, to discuss and at­ tempt to resolve such situation. 7.06 Nothing in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority this Article shall be the governing factor in all matters of non-disciplinary demotion, layoff, and reduction construed to part-time, providing the more senior employee has, in the judgement of the Employer which shall require pay for time not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work requiredworked.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Section 2.01 Seniority for each regular paid employee who has been employed Section 2.02 When making a reduction in the number of employees due to lack A. Employees who have not established seniority with the Co-op shall be laid off first. B. Thereafter, employees shall be laid off in the inverse order of their established seniority; provided, however, that no Apprentice with less than two (2) years employment as such shall have preference in layoffs over Journeyman in the same classification who have established seniority under this Agreement. C. The foregoing provisions of (A) and (B) need not apply when the application thereof would result in the Co-op being required to layoff employees possessed of skills essential to properly perform the work available at the time of the layoff not possessed by employees having established greater seniority; provided that an employee with greater seniority shall have shown that he cannot properly perform the work after a reasonable opportunity based on the position to attempt to perform such work. D. When adding employees, those having established seniority most recently laid off on account of curtailment of work shall be the first among those holding seniority to be reemployed, if available, and physically able to return to work providing they have the qualifications required. Section 2.03 Seniority shall be defined as deemed to have been broken for the length of continuous service with following A. If the Employer within the bargaining unit, inclusive of training days, from the most recent date of hireemployee resigns. 20.02 Seniority shall continue to accumulate during all paid B. If the employee is discharged and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injurynot reinstated. 20.03 An C. If the employee shall cease to have seniority rights and their employment status with the Employer shall be terminated is absent from work without authorized leave except when satisfactory reasons for all purposes if the employee:his absence are given. 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) D. If an employee who has been laid off continuously fails to return to work within five (5) days after being properly notified to report to work and does not give a satisfactory reason for a period failing to report. E. In the event that an employee with two (2) or more years of service is laid off in excess of twelve (12) months or is called back consecutive months, then the seniority of such employees shall terminate. Section 2.04 Promotions to work after job vacancies shall be based on seniority, ability and A. Should an employee decline to bid on a lay-off vacancy, it shall have no effect on his future ability to bid. B. An employee promoted to a new position will be given a reasonable opportunity based on the position to demonstrate his qualifications and ability. If he does not return qualify in that time period, he shall be returned to work the position he formerly held. C. If no bargaining unit employees bid on the vacancy, the Co-op may fill the vacancy at its own discretion. D. When vacancies occur or when new positions are created within seven (7) calendar days the classifications listed in Article 6 of receiving this Agreement, the Co-op will post a registered letter sent to their last known address; d) is absent from work without an approved leave notice on bulletin boards for a period of absence for more than three (3) consecutive working days unless (Sundays and holidays excluded) announcing the position open. Employees desiring to be considered shall make written application to the Manager. Employees on vacation will be notified of a satisfactory reason is given posting by the employee such as sickness; e) fails to return to work on Co-op. When necessary, temporary assignments will be made for the completion of an authorized leave of absence unless a satisfactory reason period the position is given by the employeeconsidered open. 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 E. In no event will an employee in the Central Office classification have the right to bid for any opening as a higher paying classificationCommunications Man. The Co-op will, leave requestshowever, scheduling daily hours discuss and consider any request for such transfer. Section 2.05 An employee who has established seniority, if he can be separated A. Notwithstanding any of work the other terms hereof, an employee who has been laid off shall be deemed to have lost all accumulated seniority and recall after layoffall right to be re-employed unless he registers with the Co-op either in person or by registered mail, providing at least once a year during the more senior employee has, month of December. B. Any written notice to be given under this Agreement shall be deemed properly given when deposited in the judgment United States Post Office under registered mail addressed to the last known address. Section 2.06 An employee who is injured while in the employ of the Employer which shall not be exercised in an arbitrary or discriminatory manner, Co-op shall Section 2.07 The Co-op and 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.Union may by mutual agreement suspend or

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 29.1 Seniority shall be defined as the uninterrupted length of continuous service in a position within the Bargaining Unit with the University of Toledo and/or predecessors of the University of Toledo. Seniority shall be measured in calendar days of employment. Any employee under jurisdiction of this Agreement transferred or promoted to a position with the Employer within not under this Agreement may be returned without loss of seniority already earned to the bargaining unit, inclusive of training days, from the most recent date of hiretransfer. 20.02 Seniority 29.2 The term "continuous service" as used in this Agreement, shall continue be so construed that absence from employment due to accumulate during all paid and unpaid authorized illness, accident, other approved leaves of absenceabsence or layoffs up to two (2) years due to lack of work or funds shall not cause a break in the term "continuous service." It shall, during all lay-offshowever, and during all periods be broken for any 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 employeefollowing reasons: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the AgreementA. Quit or voluntary resignation; b) voluntarily quits or resignsB. Discharge for cause; c) has been laid off continuously for a period of twelve (12) months or is called back C. Failure to work after a lay-off and does not return to work within seven (7) calendar days at scheduled expiration of receiving a registered letter sent to their last known addressleave of absence; d) is D. A leave of absence may be cancelled and service broken if the employee performs other work without the Employer's knowledge; E. An employee absent from work without an approved leave of absence for more than three (3) consecutive working days without notification in accordance with departmental procedures will be considered a voluntary quit and will cancel all previous seniority except in case of extreme personal emergency, such case to be reviewed by Management and the Union. F. An employee on layoff who fails to report for work within ten (10) days after being notified by registered mail at their last known address on file in the Human Resources Department will be considered as a voluntary quit and this will cancel all seniority and re-employment rights unless a satisfactory reason the Human Resources Department has been properly notified and has agreed to the extension of time. If an employee is given to be separated under this section the Union shall be notified and shall have five (5) working days in which to determine if there are extenuating circumstances which prevented the laid off individual from responding. The parties agree to meet within the five (5) days to consider the possible extension of the reporting time by the employee such as sickness;Employer. e) fails 29.3 The Employer will provide up-to-date classification seniority lists to return the Union. These lists shall be kept up to work on the completion of an authorized leave of absence unless a satisfactory reason is given by date and give the employee. 20.04 's date of employment in the classification and total seniority. The selection of employees for vacant or new positions list 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 available for all employees 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 requiredexamine.

Appears in 2 contracts

Sources: Contract Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority ‌ (a) An employee will be considered on probation and will not acquire seniority until after he/she has worked for a total of ninety (90) working days for the Employer, when his/her seniority shall commence from the date of last hire. For the purposes of vacation requests (Article 18), job postings (Article 26 and Article 27) and layoff and displacement (Article 16), separate seniority lists will be kept for the full-time employees and regular part-time employees. (b) In the event a regular part-time employee is hired as a full-time employee without a break in service, all hours previously worked as a regular part-time employee in this bargaining unit shall be defined considered as accrued seniority on the length basis of one (1) year’s seniority for every 2080 hours worked. These hours will be pro-rated for sessional employees or for positions with less than 2080 annual hours. 16:02 A sessional employee shall be deemed to be in the continuous service with employ of the Employer within for the bargaining unit, inclusive purpose of training days, from seniority if he/she is employed a minimum of eight (8) consecutive months in a twelve (12) month period. A sessional employee shall not be entitled to exercise his/her seniority in accordance with Article 16:07 in order to displace a regular employee during the most recent date of hireperiod in which the sessional employee is laid off following the session. 20.02 Seniority shall continue 16:03 A seniority list containing the names, classifications, employing department and seniority of employees will be forwarded in an electronically readable format to accumulate during all paid the Local Union President on a quarterly basis, i.e. January, April, July and unpaid authorized leaves October of absence, during all lay-offs, and during all periods of sickness and/or injuryeach calendar year. 20.03 16:04 An employee shall cease lose all seniority and deemed 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 voluntarily quits, resigns or retires the Employer and is not reinstated through employ of the grievance and arbitration procedure contained in the AgreementUniversity; b) voluntarily quits or resignsis justifiably discharged; c) has been laid off continuously for more than twenty four (24) consecutive months; d) following a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of his/her intention to return or fails to report for work on the date and at the time specified in the notice; e) accepts a position outside the bargaining unit for a period of twelve more than one hundred and eighty (12) months or is called back to work after a lay-off and does not return to work within seven (7180) calendar days unless an extension is agreed to by the Union. For periods of receiving a registered letter sent less than one hundred and eighty (180) calendar days an employee may return to their last known addresshis/her former position with seniority re-instated to the date of leaving the bargaining unit position; df) is absent from work without an approved leave of absence for more than three five (35) consecutive working days unless without notifying the Employer, and providing a satisfactory reason is given by reasonable explanation for such absence, in which case he/she shall be deemed to have resigned his/her employment with the employee such as sickness;Employer. eg) fails to return to work on upon the completion cessation of an authorized leave of absence unless a satisfactory reason the failure to return to work is given by due to circumstances beyond the employee’s control. 16:05 It shall be the duty of the employee to notify the Employer promptly of any change of address or telephone number. If any employee should fail to do so the Employer may take disciplinary action. The Employer shall not be responsible for failure of any notice to reach the employee. 20.04 The selection 16:06 In the event of a layoff, the Employer agrees that employees for vacant or new positions shall be on laid off in the basis reverse order of qualifications, ability and their seniority. Where The employees shall be recalled to work in order of their seniority. 16:07 Any employee who is laid off may displace an employee with less seniority in the same classification or a lower classification wherein it is determined that he/she is qualified and capable of performing the duties of that classification. 16:08 In determining the ability of an employee to perform work in a classification covered by the terms of the Agreement, the Employer will consider the qualifications and the ability of the employee to perform the normal requirements of the job satisfactorily. Where the qualifications are relatively equalequal between the employees affected, seniority shall be the determining governing factor. Seniority . 16:09 An employee recalled to work in a different department or a different classification from which he/she was laid off shall be have the governing factor privilege of returning to the position he/she held prior to the layoff should it become vacant. 16:10 Employees on layoff are entitled to apply for any job vacancies arising out of a job posting. 16:11 An employee who has been discontinued from long term disability benefits, and is certified medically fit to return to work in relieving a classification other than the classification in which he/she was employed immediately prior to receiving long term disability benefits, may exercise his/her seniority and displace an employee in a higher paying classification, leave requests, scheduling daily hours of work and recall after layoffan equivalent or lower classification once only, providing the more senior following qualifications are met: 1. the employee has, in must have exhausted all sick leave credits prior to exercising his/her seniority; 2. the judgment of the Employer which shall not employee must be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able certified as being medically fit to perform all aspects of the work requiredduties within the classification of the employee being displaced; and 3. Reverse order of seniority shall be the governing factor in all matters of non-disciplinary demotionemployee must have the knowledge, layoffability, and reduction skill to part-timeperform all of the duties within the classification of the employee being displaced. Notwithstanding the above, the Employer will have the option of assigning the employee to any vacant bargaining unit position within reason, 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 is medically fit and qualified to perform all aspects of the work requiredsuch work.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 5.01 Seniority shall be is defined as the length of continuous service in the bargaining unit and shall include service with the Employer Division prior to the certification. Seniority shall be used in transfer, layoff, permanent reduction of the workforce, and recall, as set out in other provisions of this Agreement. Seniority shall operate on a classification basis subject to Article 4.01 of this Collective Agreement. The classifications shall be: 1. Community Support Worker 2. Intercultural Support Worker 5.02 A copy of the seniority list shall be provided to the Union members by May 15 of each year. In addition a copy of the seniority list shall be forwarded to the Secretary of the Union and the Union Representative by May 15 of each year. Except where errors have been brought to the Director of Human Resources or his designate's attention within (10) ten days of the bargaining unitmailing of the seniority list, inclusive of training days, from the most recent date of hireDivision shall be entitled to rely on the latest seniority list in making any decision based on an employee's seniority. 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 5.03 An employee shall cease to have lose seniority rights and their employment status with the Employer name shall be terminated removed from the seniority list for all purposes if any of the employeefollowing reasons: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;Voluntary termination of employment. (b) voluntarily quits or resigns;Discharged for just cause and not reinstated. (c) has been laid off continuously for a period of twelve Voluntarily retired. (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 Failure to return to work on the completion of following an authorized leave of absence unless a satisfactory through illness or other such reason is given by acceptable to the employeeDivision. 20.04 (e) Absence for more than two (2) consecutive working days without notifying their Supervisor or designate. (f) Failure to contact their Supervisor within three (3) working days after receiving notice of recall from lay-off by registered mail to do so unless through illness or other such reason that is acceptable to the Division. 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 required to satisfactorily be able return to perform all aspects work following lay-off earlier than fifteen (15) working days after receipt of the work requiredabove notice unless through mutual agreement of the employee and the Division. Reverse order The onus is on the employee to inform the Division in writing of their current address. (g) Laid-off for more than eighteen (18) consecutive months. An employee who has lost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 5.04 Seniority will continue to accrue if an employee: (a) is on any period of paid leave of absence; (b) is on any period of paid sick leave; (c) is on any period of unpaid leave of absence of less than twenty (20) consecutive working days; (d) is absent on Workers Compensation as follows: (i) The employee will continue to accrue seniority and sick leave credits while the governing factor in all matters employee is absent on Workers Compensation for a continuous period of non-disciplinary demotion, layoff, and reduction to part-time, providing one (1) year from the more senior employee has, in the judgement date of the Employer accident which shall necessitated the employee being placed on compensation. (ii) The employee will cease to accrue seniority after the period detailed in Point (i) above, but will retain all accrued seniority. (iii) The employee will cease to accrue vacation and sick leave credits after the period detailed in Point (i) above. (e) is absent on an approved maternity, parental or adoptive leave. 5.05 Seniority will be retained but will not be exercised accrue if an employee: (a) is on any period of unpaid leave of absence of more than twenty (20) consecutive working days except for maternity, parental or adoptive leave. (b) is absent on Workers Compensation and in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects receipt of the work requiredtotal and complete disability. (c) is laid-off for less than eighteen (18) consecutive months. (d) is absent and in receipt of total and complete disability under the Division Disability Income Fund.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 (a) Seniority shall be defined as the length of continuous service with in the bargaining unit since the employee's latest date of hire and providing the employee has completed their probationary period. (b) In January and July of every calendar year, the Employer within shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (work location) rate of pay, FT/PT status, employee number, mailing address, email address, telephone number and S.I.N. of all bargaining unit, inclusive unit employees including those on leave (including the type of training days, from the most recent date of hire.leave) 20.02 13.02 Seniority shall continue to accumulate during all paid and unpaid (up to fifty-two (52) weeks) authorized leaves of absence, during all lay-offslayoffs (up to fifty- two (52) weeks), and during all periods of sickness and/or injury. 20.03 13.03 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 fifty-two (1252) months weeks or is called back to work after a lay-off layoff and does not return to work within fourteen (14) calendar days or does not respond in writing 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 two (32) consecutive scheduled working days unless a satisfactory reason is given by the employee such as sicknessemployee. Bona fide sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; 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 . Bona fide sickness and/or inability to communicate with the Employer shall be on considered a satisfactory reason; or f) 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, layoffEmployee has had Workers Compensation benefits discontinued, and reduction all appeals exhausted, and is unable 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 requiredwork.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

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.the 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, absence and during all periods of sickness and/or injurylayoffs. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer Co-operative shall be terminated for all purposes and for just cause if the employee: (a) is duly discharged by the Employer Co-operative and is not reinstated through the grievance Grievance and arbitration Arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for the lesser of fifty-two (52) weeks or a period of twelve (12) months time equal to the employee's length of continuous service with the Co-operative since their most recent date of hire, or is called back to work after a lay-off layoff and does not return to work within seven fourteen (714) 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 sicknessemployee; (e) fails to return to work on the completion of an authorized leave of absence absence, vacation or suspension 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 all matters of promotion, demotion, awarding of a higher paying classificationnew position or vacancy, leave requestslayoff, scheduling daily hours of work and recall after layoff, providing the more senior employee hasand reduction to part-time providing, in the judgment of the Employer Co-operative, which shall not be exercised in an arbitrary or discriminatory manner, the affected employee has the fitness and ability to satisfactorily be able to perform all aspects the required normal functions of the job as may be determined by the Co- operative. Seniority in an employee’s area would govern when relieving another employee in a higher paying classification. 20.05 The Co-operative shall provide the Union, in January and July or whenever a written request to do so is received from the Union, with an up-to-date seniority list in Excel format of all full-time and all part-time employees covered under the terms of the Collective Agreement. 20.06 Employees within the bargaining unit who accept a position with the Co-operative which places them outside of the bargaining unit shall continue to accumulate seniority for the purpose of this Agreement for a period of six (6) calendar months. Said employees shall be entitled to return to the bargaining unit and their former job at any time during the six (6) month period if they so choose. Employees who remain outside of the bargaining unit beyond the six (6) month time limit shall keep the seniority they had immediately prior to leaving the bargaining unit in the event they eventually return to the bargaining unit but shall not, in such cases, accumulate any seniority for the time period that they were outside of the bargaining unit beyond the six (6) month limitation. 20.07 For the purposes of allocating part-time hours of work required. Reverse order of seniority there shall be two (2) areas for part-time employees which shall be the governing factor Pilot Mound and the ▇▇▇▇▇▇▇ area. Each part-time employee shall be assigned to the area closest to where they reside from time to time. Part-time employees shall be entitled to exercise their seniority to receive hours of work in their area, but shall not be entitled to exercise their seniority to receive hours of work in the other area. To the extent reasonably possible, all matters available part-time hours of nonwork within each area shall be offered to the most senior part-disciplinary demotiontime employee first and thereafter in decreasing order of seniority, layoff, providing the employee is available and reduction willing to work the hours. 20.08 No full-time employee shall be laid off and/or reduced to part-time, providing time status by the more senior employee has, Co-operative unless all present part-time employees have been laid off first. 20.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees and spare employees. Part-time employees shall have seniority only over other part-time employees and spare employees. 20.10 The Co-operative shall give two (2) weeks' notice in the judgement of the Employer which shall not be exercised in an arbitrary writing or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required.two

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as the an employee's uninterrupted length of continuous service with the Employer within the bargaining unit, inclusive City of training days, Mentor-on-the-Lake Police Department from the most recent last date of hire as a part-time Patrol Officer. An employee shall have no seniority for the probationary period provided in Article 9, but upon completion of the probationary period, seniority shall be retro-active to the date of hire. There shall be no computation of time as seniority, while on an approved unpaid leave. Seniority dates shall be re-established as a result of such leave. 20.02 Seniority Section 2. Whenever more than one person is appointed to the Department on the same day, the seniority of each individual as it relates to others appointed the same day, shall continue to accumulate during all paid and unpaid authorized leaves be determined by the number of absence, during all lay-offs, and during all periods of sickness and/or injuryhours worked. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer Section 3. Seniority shall be terminated for all purposes if the when an employee: aA. Quits or resigns, unless rehired within six (6) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementmonths; b) voluntarily quits or resignsB. Is discharged for just cause; c) has been C. Is laid off continuously for a period of twelve more than twenty-four (1224) months consecutive months; D. Is absent without leave for three (3) or more work days unless proper excuse for the absence is called back shown or if no notice was given, a satisfactory excuse for the failure to give notice; E. Fails to report for work after a lay-off and does not return to work when recalled from layoff within seven ten (710) calendar days from the date of receiving a registered letter receipt of recall notice sent by Certified Mail (to their the employee's last known addressaddress as shown on the City's records); dF. Retires; G. Fails to report for work within forty-eight (48) is absent from work without hours of expiration of an approved leave of absence for more than three (3) consecutive working days absence, unless otherwise mutually agreed to extend, secured in writing. Section 4. The Chief will post a satisfactory reason notice indicating the order in which the Officer-in-Charge will be determined when the Department is given staffed by only part-time Patrol Officers. This does not have to match the employee such as sickness; e) fails to return to work order on the completion of an authorized leave of absence unless a satisfactory reason is given by the employeeseniority list. 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.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority A. An updated seniority list of carrier personnel 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 hireposted each six (6) months in each carrier unit and eight (8) copies will be furnished to Branch 2462. 20.02 Seniority shall continue B. Pursuant to accumulate during Article 41 of the National Agreement, all paid full-time reserve carriers, unassigned full-time carriers whose duty assignment has been eliminated in the particular delivery unit and unpaid authorized leaves full-time flexible carriers have the right to opt for available craft duty assignments of absence, during all lay-offs, and during all periods anticipated duration of sickness and/or injuryfive (5) days or more in their assigned delivery unit. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer shall 1. Opting will 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 done in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously for a period order 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 employeeseniority. 20.04 The selection of employees for vacant or new positions shall be on 2. Opting will take place prior to 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 posting of the work requiredschedule on Wednesday, prior to the work week. 3. Reverse order Once a carrier has opted for an assignment, pursuant to the above, he/she shall work the assignment for its duration. Anticipated duration of seniority the assignment will be posted. 4. All reserve, unassigned and full-time flexible carriers opting for a duty assignment may sign an opting sheet, which will list all available assignments that will be vacant for a duration of five (5) days or more. 5. If a reserve, unassigned, or full-time flexible carrier does not opt, part-time flexibles can opt, pursuant to the above, by exercising their seniority. 6. If a part-time flexible fails to opt for the assignment, management may assign the duties to him/her. 7. The part-time flexible may be bumped from an opt assignment on a day-to-day basis if there is insufficient work to keep the reserve, unassigned, and full-time regulars busy eight (8) hours; otherwise, the part-time flexible shall work the assignment for its duration. C. When a letter carrier route or full-time duty assignment, other than the letter carrier route(s) or full-time duty assignment(s) of the junior employee(s), is abolished at a delivery unit as a result of, but not limited to, route adjustments, highway, housing projects, all routes and full-time duty assignments at that unit held by letter carriers who are junior to the carrier(s) whose route(s) or full-time assignment(s) was abolished shall be posted for bid in accordance with the governing factor posting procedures 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 requiredthis Article.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

SENIORITY. 20.01 Seniority shall be defined as 9.01 For the purposes of this Agreement and unless otherwise stipulated herein, seniority means the length of continuous service with in the Bargaining Unit. For the purposes of this Agreement and unless otherwise stipulated herein, layoff means the temporary suspension of the labour contract between the Employer within and the bargaining unit, inclusive employee. The laid-off employee may therefore be called back to work. He keeps his employment relationship for the duration of training days, from the most recent date of hirehis lay-off and his contractual relationship is maintained. 20.02 Seniority shall continue 9.02 A new employee will be considered to be in a probationary period for three (3) months worked following his hiring. This period excludes any leave of more than one week, except for a CNESST case. Afterwards, his seniority will date back to his latest hiring date. An employee in a probationary period has no seniority rights. It is understood and agreed that, during this period, any dismissal is left to the discretion of the Employer. For the purposes of the application of this article, a week begins on Saturday and ends the following Friday. 9.03 Whenever an employee with seniority rights is not present at work due to an authorized leave of absence, disciplinary suspension, illness, injury, or any other valid reason, his seniority continues to accumulate during all paid and unpaid such an absence, unless otherwise stipulated in the present Agreement. 9.04 Whenever an employee is laid off, his seniority continues to accumulate during the period of time that his name appears on the recall list only for the purposes of the application of seniority rules as well as for annual vacation as stipulated in article 16. 9.05 When an employee is transferred to a position excluded from the Bargaining Unit within the establishments referred to in the accreditation, his seniority continues to accumulate for a cumulative maximum period of three (3) months over the duration of this Collective Agreement. Vacation weeks as well as statutory holidays of more than one (1) day are excluded from this period of time. During this period, he can return to the position he had before his transfer outside the Bargaining Unit, upon request from him or his Employer. The employee loses his seniority if he is still in a position excluded from the Bargaining Unit at the end of this period of three (3) months. When an employee is transferred to a position excluded from the Bargaining Unit within an establishment other than those referred to in the accreditation, his seniority is automatically lost. 9.06 Notwithstanding any contrary provision herein, an employee with acquired seniority rights who is not present at work due to an authorized leaves leave of absence, illness, injury, disciplinary suspension or any other valid reason, is considered as an incumbent of his position. Upon his return to work, he automatically resumes his position, unless he is unable to satisfy the normal requirements of the work to be performed within a reasonable period of time; in such a case, the provisions of article 9.12 or article 9.14 apply, as the case may be. However, if during such absence, changes of the personnel of his position have occurred due to the application of the seniority provisions of his Agreement, he is then considered as having been reassigned, unless upon his return, the incumbent in his former position has less seniority. 9.07 The Employer provides the Union once (1) per month with a list (in electronic format) of all lay-offsemployees included in the Bargaining Unit, including those who are laid off and have recall rights, indicating their name, employee number, seniority date, position, salary rate, work shift and establishment. The Employer also provides the Union with a list indicating the supervisors and the lead hands, four (4) times a year. 9.08 When two (2) or more employees have the same seniority date, their names will appear on the seniority list in order of their employee number in accordance with article 9.01, the one with the lowest employee number having the highest seniority, and during all periods of sickness and/or injuryso on. 20.03 9.09 An employee shall cease to have loses his seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeerights: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementwhen he voluntarily quits his employment; b) voluntarily quits when he is dismissed for a just and sufficient cause and this action is not reversed or resignsmodified by the parties or by an Arbitrator; c) has been laid off continuously when he is absent from work for five (5) consecutive working days, without notice, without authorization or without valid reason. In such a period case, the Employer advises a Union Plant Committee representative and, the following day, the employee is notified of twelve (12) months or is called back his termination of employment in writing, at the last address appearing in the Human Resources department records, unless he can demonstrate in a satisfactory way that he was unable 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 addressnotify his supervisor; 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) when he fails to return report to work on the completion first working day following the expiration of an authorized leave of absence unless without notice or without valid reason; e) when he is absent from work on account of an accident or illness unrelated to the Act Respecting Industrial Accidents and Occupational Diseases for a satisfactory reason period exceeding thirty (30) consecutive months; When he is given by absent from work on account of an occupational accident or illness for a period exceeding thirty-six (36) consecutive months. However, if he subsequently presents himself to the employee.Employer with proof of his fitness to resume work, the Employer may rehire him, provided that there is a vacancy. If the employee is rehired, he will regain the seniority he had at the beginning of his absence; 20.04 The selection f) when he fails to notify the Employer within three (3) working days 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 his intention to return to 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 he fails to satisfactorily be able return 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.within five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section 1. Seniority shall be defined as is measured by the employee's length of continuous service with of the Employer within present (successor) contractor, and the time spent performing on the Government Contract(s) itself, applicable to the total length of time spent in any capacity as an employee on the continuous service of any predecessor contractor(s) who carried out similar contract functions at the same federal facility. After a person has worked in the bargaining unit, inclusive of training unit for 90 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 gain seniority and his seniority date shall be the first day he/she worked. Seniority for employees hired on the same date will be determined by the alphabetical order of the employee's last name. Probationary employees have no seniority status and may be disciplined or discharged without cause and without recourse to have seniority rights and their employment status with the Employer grievance procedures. Seniority shall be terminated for all purposes if by: 1) voluntary separation of employment by the employee: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; b2) voluntarily quits or resignsdischarge for cause; c3) has been laid off continuously out of active service with the Company 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 addressconsecutive months; d4) is absent from work failure to respond to notice of ▇▇▇▇▇▇ as set forth in Article Thirteen 5) absence without an approved leave of absence notification or extenuating circumstances for more than three (3) consecutive working work days; 6) Any employee with seniority who is absent for less than twelve (12) consecutive months because of illness, job related injury, or layoff shall continue to accrue seniority during such absences. Section 2. Within thirty (30) days unless after signing this Agreement and quarterly thereafter, the Company shall post in a satisfactory reason conspicuous place, and shall mail to the Union, a list of the non- probationary employees covered by this Agreement arranged according to their seniority. Protests to any employee's position on such list must be made in writing to his/her supervisor. Upon any correction, the corrected list will apply. Section 3. When the Company is given by less the 24 hours notification that the employee such as sickness; e) fails will not be present for his/her assigned shift. The company is not required to return to work fill the vacancy by employee on the completion of an authorized leave of absence unless a satisfactory reason is given by the employeeseniority basis. 20.04 The selection of employees for vacant or new positions shall be on the basis of qualificationsSection 4. Seniority, ability and seniority. Where qualifications and ability are relatively equalwithin regular classification, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee matters affecting reduction in a higher paying classificationforce, leave requestspromotion, scheduling daily hours demotion, recall, schedules, transfer and the filling of work and recall after layoff, providing vacancies provided the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, possesses the ability to satisfactorily be able to perform all aspects the job. For the purpose of this Agreement "ability for reduction in force, recall, transfer and the work required. Reverse order filling of seniority vacancies shall be final unless it is established, through the governing factor grievance procedure, that such determination was made without reasonable justification. Section 5. Reduction in all matters of non-disciplinary demotion, layoff, Force shall be based on seniority within the position classification and reduction to part-time, providing the more senior employee has, accomplished with last in the judgement of the Employer which first out basis. Section 6. Recall shall not be exercised handled in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work requiredaccordance with Article Thirteen.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority (a) For the purpose of this Agreement an employee's "seniority" shall commence on the date of the employee's most recent hiring (other than as a result of a recall after layoff) into a position covered by this agreement, by the Employer and shall continue to accumulate seniority during: i) any period of layoff during which the employee was entitled to be recalled; ii) any period of absence caused by sickness or accident to a maximum of two (2) years; iii) any authorized leave of absence without pay to a maximum of two (2) years; iv) any period of Self-Funded Leave to a maximum of one (1) year; v) any period of secondment to another organization authorized by the Employer; and vi) any period of authorized federation leave. (b) Where a term employee is subsequently hired to a regular position (with no break in service) the employee's seniority shall commence on their most recent date of hire as a term employee. (c) Where seniority is equal, the ranking shall be defined as determined by: i) the length date of the term or casual employees first day of work; ii) total non-continuous service years of employment with the Employer; iii) total consecutive years of employment with the Employer within the bargaining unitBargaining Unit; iv) in the event there is still a tie, inclusive selection by lot in the presence of training days, from the most recent date of hireBargaining Unit President or his/her designate. 20.02 Seniority v) Where the employee's seniority date is the same as two (2) or more regular employees and a selection by lot has previously taken place for that particular date, the employee 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 injurybe ranked as the last person for that date. 20.03 An employee 29.02 A loss of seniority shall cease be deemed to have seniority rights and their employment status with the Employer shall be terminated for all purposes occurred if the an employee: (a) resigns or retires; (b) is duly discharged by the Employer and is not reinstated through by reason of the grievance and arbitration procedure contained in the Agreementprocedure; b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve is no longer entitled to be recalled; or (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) accepts a permanent position outside of the Bargaining Unit. 29.03 The seniority of an employee who is absent from work without an approved leave of absence for more than three due to sickness or accident shall not accumulate beyond twenty-four (324) consecutive working days unless a satisfactory reason is given by months, however seniority shall be maintained and the employee such as sickness; e) fails shall have the right to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employeeupon recovery. 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 equal29.04 Notwithstanding Article 29.03, seniority shall accumulate during any absence for which the employee receives Workplace Safety Insurance Board wage loss replacement. (a) A seniority list shall be maintained by the determining factorEmployer. The list will be provided electronically to the President of the Bargaining Unit five (5) days before the list is distributed. By February 15th, a seniority list indicating the employee’s name, seniority date and position title will be distributed electronically for retention by the Supervisor, to each work location/department. Employees will have an opportunity to review their seniority date for verification. (b) The Bargaining Unit President will also be provided with a seniority list which includes employment status, job level, location and work year. This list will not be posted. 29.06 Employees requesting a correction to their seniority date or requesting to be added to the seniority list must do so in writing to the Chief Administrative Officer before 15 March. Seniority lists may be changed at any time with the mutual consent of the parties. 29.07 The Employer shall be the governing factor in relieving provide a written response to an employee in requesting a higher paying classificationcorrection to their seniority accumulation, leave requests, scheduling daily hours of work and recall after layoff, providing with a copy to the more senior employee has, in the judgment President of the Employer which shall not be exercised in an arbitrary or discriminatory mannerBargaining Unit, within twenty (20) days from the ability to satisfactorily be able to perform all aspects of date 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 requiredwritten request was received.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 10.01 Seniority as referred to in this Agreement shall be defined as the mean length of continuous service in the employ of the Employer. 10.02 A regular, fulltime employee shall accrue seniority on the basis of years of service in accordance with the Employer within the bargaining unit, inclusive of training days, from the most recent his/her last date of hire. A regular, part-time employee and a casual employee shall accrue seniority on the basis of hours worked, converted to years of service for each 1950 hours worked. 20.02 Seniority shall continue 10.03 Where two or more employees commenced work on the same day, the greater seniority will be given to accumulate during all paid and unpaid authorized leaves the employee with the earliest date of absence, during all lay-offs, and during all periods of sickness and/or injuryapplication for employment. 20.03 10.04 The Employer agrees to post an updated seniority list once per year with a copy to the Union ▇▇▇▇▇▇▇. An employee shall cease have thirty (30) calendar days to have challenge the seniority list with respect to his/her seniority. If not challenged, the seniority date of each employee shall be deemed to be correct. 10.05 Seniority shall be maintained and accumulated under the following circumstances: (a) While actively at work. (b) During any period of absence while on sick leave or an absence due to illness or injury; (c) During the period of pregnancy and parental leave as provided in accordance with the Employment Standards Act, 2000 as amended from time to time. 10.06 For avoidance of doubt, continuous service for the purpose of vacation entitlement shall be maintained and accumulated for an employee who is on short term or long term sick leave, pregnancy and parental leave. 10.07 An employee's seniority rights and their employment status with the Employer shall be lost and employment deemed to be terminated for all purposes if the employeewhen: (a) (s)he voluntarily quits; (b) (s)he retires; (c) (s)he is duly discharged by and the Employer and discharge is not reinstated reversed through the grievance and arbitration procedure contained in the Agreementprocedure; b(d) voluntarily quits or resigns; c) has been laid off continuously (s)he is on layoff for a period of more than twelve (12) months or is called back months; (e) (s)he fails to report to work at the termination of a leave of absence or within one (1) week after a lay-off and does not return being recalled to work within seven (7) calendar days of receiving and fails in either case to provide a registered letter sent to their last known addresssatisfactory reason; d(f) is absent from (s)he fails to report for scheduled work or leaves his/her work station without an approved obtaining the consent of the Employer or without notifying the Employer of such absence, and providing a satisfactory reason at the earliest reasonable opportunity; (i) The employment has been frustrated as (s)he has not been able to work for more than twenty-four (24) months because of disability (even with accommodation to the point of undue hardship); (ii) The determination that the employment has been frustrated will only be made by the Employer upon final review of the accommodation efforts upon notification to the Union, after the 24 month period noted above; (h) (s)he utilizes a leave of absence for more purposes other than that for which the leave of absence was granted; (i) In the case of a casual employee, (s)he has not worked a minimum of one (1) shift, in the past three (3) consecutive working days months, unless a satisfactory reason at the request of the employee, and in the discretion of the Employer, the casual employee is given by the employee such as sickness; e) fails permitted to return to work remain on the completion list of an authorized leave of absence unless a satisfactory reason is given by the employee. 20.04 employees. 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 permission of the Employer which shall is not to 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 requiredunreasonably withheld.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 A. Seniority rights of employees shall prevail on a Center basis. Seniority shall be defined as the length of continuous service with the Employer within the bargaining unitbroken only by discharge, inclusive of training daysvoluntary quit, 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 a three (3) consecutive working year layoff., or absence of five (5) years. In the event of a layoff, an employee so laid off shall be given ten (10) days notice of recall mailed to his/her last known address by telegram, registered or certified mail. The employee must respond to such notice within three days after receipt thereof, by telegram, registered or certified mail and actually report to work seven days after receipt of notice, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement. A list of employees, arranged in order of their seniority, shall be posted in a satisfactory reason is given conspicuous place at their place of employment. Stewards shall be granted super-seniority for all purposes, including layoff, rehire and job preference if requested by the employee Local Union within sixty (60) days after the effective date of this Agreement, but only one ▇▇▇▇▇▇▇ shall have super-seniority for such as sickness; e) fails to return to work purposes. The Local Union and the Employer shall agree on the completion of an authorized circumstances under which persons who 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 classifications of work and recall after layoffcovered by this Agreement, providing the more senior employee has, but remain in the judgment employ of the Employer which in some other capacity may retain seniority rights upon their return to their original unit. In the absence of such express agreement such employees shall not be exercised in an arbitrary or discriminatory manner, lose all seniority rights. B. A new employee shall work under the ability to satisfactorily be able to perform all aspects provisions of the work required. Reverse order of seniority this Agreement but shall be the governing factor in all matters of non-disciplinary demotionemployed only on a thirty (30) working day trial basis, layoffduring which period he/she may be discharged without further recourse, and reduction to part-timeprovided, providing the more senior employee hashowever, in the judgement of that the Employer which may not discharge or discipline for the purpose of evading this Agreement or discriminating against Union members. Employees qualifying for a full time package opening shall have a thirty (30) working day trial period after completing orientation and/or training school, not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required.exceed fifteen (15) days. After working thirty (30) days within any ninety

Appears in 2 contracts

Sources: Supplemental Agreement, Supplemental Agreement

SENIORITY. 20.01 A. Seniority of an employee shall be determined and computed from the date of his or her last hiring date by the Township. B. Seniority shall be defined as the length prevail for purposes of continuous service with the Employer within the bargaining unitvacation, inclusive of training dayslayoff, call back from the most recent date of hirelayoff and job bidding. 20.02 C. In the event the Township finds it necessary to lay off employees due to lack of funds, lack of work or other reasons related to the proper management and provision of Township services, employees shall be laid off in the following order: 1. Temporary employees hired as summer help. 2. Part time employees. 3. Probationary, full-time employees. 4. Full-time employees who have completed their probationary period. Seniority shall continue to accumulate during all paid prevail for the lay off of full-time probationary em- ployees. If there are two (2) or more such employees with equal seniority, then they shall be listed alphabetically by surname and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injurythe last name or names on the list shall be the first laid off. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer D. All full-time, non-probationary employees 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 given a period minimum 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 advance written notice of receiving a registered letter sent lay off, indicating the cause for lay off, and a copy of such notice shall also be delivered to their last known address;the Union. dE. In the event an employee is laid off, he may request payment for earned but unused vacation. F. If the Township re-establishes a position or fills a vacancy in a position in the Public Works Department within two (2) 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 years of an authorized leave abolishment of absence unless a satisfactory reason is given by position or lay offs, the employee. 20.04 The selection of oldest employee or employees for vacant or new positions shall be on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority only shall be the determining factorfirst recalled to the position or positions with full seniority rights to the date of their last hiring by the Township. ▇. Seniority ▇▇▇ offs shall be the governing factor in relieving either temporary or indefinite. A temporary lay off is a lay off for a specific period of time of thirty (30) calendar days or less. Any other lay off is indefinite. If an employee is on indefinite lay off, he must report to be scheduled for work within five (5) days of receiving notice of recall either by written, personal or telephone communication; and must report for work within five (5) days of being notified of his work schedule by written, personal, or telephone communication. H. The probationary period provided for in a higher paying classification, leave requests, scheduling daily hours of work and Article 10 does not apply to recall after layoff, providing the more senior as provided in this Article. I. An employee has, in the judgment shall lose his seniority relative to all other employees of the Employer which shall not be exercised in Public Works Department at the time if he is absent for five (5) or more consecutive work days without an arbitrary authorized leave such as sick leave, vacation leave, death leave, personal leave or discriminatory manner, the ability to satisfactorily be able to perform all aspects leave 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 requiredabsence.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 (a) On signing this agreement, an Employee's seniority shall be calculated as of date of hire with the University. (b) Seniority shall be defined as the length of continuous service commence with the Employer employment within the bargaining unit, inclusive unit and shall apply after completion of training days, from the most recent date probationary period referred to in Article 11 of hirethis agreement. 20.02 Seniority 7.2 Lay-offs and recall shall continue be carried out at the sole discretion of the University. In making its decision to accumulate during all paid and unpaid authorized leaves of absencelay off or recall an employee, during all the University will consider the following factors: (a) the classification for which the lay-offs, off must occur; (b) the trade for which the lay-off must occur; (c) seniority; (d) qualifications and during all periods of sickness and/or injuryability to perform the work required. 20.03 7.3 An employee shall cease to have lose seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeeif: (a) the employee voluntarily resigns the employ of the employer; (b) the employee is duly discharged by the Employer for cause and is not reinstated through the grievance and arbitration procedure contained in the Agreementreinstated; b) voluntarily quits or resigns; (c) has been laid off continuously the employee is absent due to illness, injury or disability for a period in excess of twelve (12) months or is called back to work after a laytwenty-off and does not return to work within seven (727) calendar days of receiving a registered letter sent to their last known addressmonths; (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 within one (1) week following recall or indicates that they will not return to work after receiving notice of recall; (e) or the completion of an authorized employee is laid off for twelve (12) months; (f) absence from work without leave of absence unless being granted by, or an explanation given satisfactory to the Employer, for an absence of two (2) consecutive days. 7.4 The University will prepare a satisfactory reason seniority list in January of each year and a copy will be sent to the Union. Any discrepancies shall be reported to Human Resources within 15 days from the date of issue. 7.5 When an Employee is given laid off, the Employee’s name and address shall be placed on a recall list for twelve (12) months. Such list shall be maintained by the employeeUniversity and while on lay-off an Employee shall provide the University with a current address. Recall shall be deemed to have been served if notice has been sent by Registered Mail to the last address on record. The Union Local will be provided with an up-to-date recall list with changes as they occur. 20.04 7.6 The selection Employer agrees to notify the recording secretary of employees for vacant or new positions shall be the union on the a bi-weekly basis of qualificationsnew hires, ability layoffs, transfers, recalls 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 requiredterminations.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 13.01 Seniority for employees shall be determined from the date of the employee’s most recent employment at each specific Gas Bar location as a part-time employee or as a full-time employee. (a) Employees shall acquire seniority based on accumulated hours worked. A list by Gas Bar location of part-time and full-time employees and their seniority will be provided to the Union in January and July of each year. (b) Employees returning from an authorized absence, which includes an absence provided for under this Collective Agreement, verified illness and/or injury, Worker’s Compensation, Manitoba Public Insurance, or a leave provided for under The Employment Standards Code, the Co- operative shall credit the employee’s accumulated hours by averaging the employee’s hours worked in the twenty-six (26) weeks just prior to the employee’s leave and multiplying that number by the number of complete weeks of authorized absence to determine the employee’s accumulated hours for scheduling and call-in purposes. 13.03 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 considered broken 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 services terminated for all purposes if the an employee: a(1) is duly discharged by the Employer Co-operative and is not reinstated through the grievance and arbitration Grievance and/or Arbitration procedure contained in the of this Agreement; b(2) voluntarily quits or resigns; c(3) has been laid off continuously for a period of twelve more than six (126) months or is called back to work after a lay-lay off and does not return to work employment within seven twenty-four (724) calendar days hours from the time of receiving a registered letter sent to their last known addressrecall; d(4) is absent from work without an approved a written leave of absence for more than three (3) consecutive working days absence, unless a satisfactory reason is given by the employee such as sicknessemployee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason; e(5) fails to return to work on the completion of an authorized leave of absence absence, unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason. 20.04 13.04 The selection Co-operative agrees to consider an employee’s seniority on a city- wide basis when evaluating the request for a transfer in the event of employees for vacant a Gas Bar closure. An employee required or allowed to transfer to another Gas Bar by the Co-operative will maintain their seniority in the new positions location. The Co-operative reserves the right to determine to which facility an affected employee is transferred. 13.05 In scheduling or calling in part-time employees, preference in available hours of work in a week shall be given to senior part-time employees within the Gas Bar insofar as this is consistent with their availability and willingness to perform the work, providing the employee has the skill and ability to handle the work to be performed in a competent manner. 13.06 To enhance the Co-operative’s ability to develop staff to assist in the efficient staffing of each Gas Bar, management may designate an individual on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority their merit as determined by management for: (a) relief of management personnel; and (b) when not relieving such designated employee shall be assigned hours equal to but not more than 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 unrestricted part-time, providing time employee at 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 requiredGas Bar.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority a. A new full-time employee shall be defined as placed on the length department seniority list at the end of continuous service with the Employer within probationary period and his/her respective seniority shall be dated back to the bargaining unit, inclusive date of training days, from the most recent beginning of employment. b. A new part-time employee shall be placed on the seniority list at the end of the probationary period and his/her respective seniority shall be the number of hours worked since date of hire. 20.02 c. Seniority for part-time RNs shall continue to accumulate during all paid and unpaid authorized leaves be based on worked hours accumulated since the date of absence, during all laylast hire. It is recognized that 1500 hours worked equals one (1) year of full-offs, and during all periods of sickness and/or injurytime service. 20.03 An employee shall cease to have seniority rights and their employment status with the 13.02 The Employer shall be terminated for all purposes if maintain seniority lists and make copies available to 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 Union once every twelve (12) months months. 13.03 An employee's seniority rights shall cease to exist and their employment shall be terminated if an employee: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed through the grievance procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he/she has received permission from the Employer or provided the Employer with a satisfactory explanation; d. is called back laid off for a continuous period of more than twelve (12) months; e. is absent for more than one (1) scheduled shift without notifying the Employer, unless a valid reason is given for the failure to notify; f. is absent due to work or non-work related illness or accident for a period in excess of twenty-four (24) continuous months; g. is absent due to work related illness or accident for a period in excess of twenty-four (24) continuous months. h. Employees who are on leave of absence will not engage in gainful employment on such leave and if an employee does engage in gainful employment while on such leave, she shall forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer. Employees who intend to work while absent from Caressant Care Harriston are obligated to inform the Home and the Union, so the issue can be dealt with by the parties. i. fails to return from layoff in the time limits set out in Article 13.07. 13.04 In case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of the work permits. Ability and qualifications to perform available work being relatively equal, seniority shall prevail so that the employee having the highest seniority shall be laid off last and recalled first. 13.05 The Employer shall give the employee concerned as well as the Union a two (2) week notice of his intention to lay off. 13.06 If an employee or the Union wishes to file a grievance about a layoff, this shall be done within five (5) calendar days after the notice of layoff has been given to the employee(s). 13.07 An employee who is recalled to work after a lay-off and does not layoff must return to work within two (2) working days if unemployed and within seven (7) calendar working days if employed elsewhere. In order for an employee to claim the longer period, he/she must advise the Employer within two (2) days of receiving a notice of recall that he/she is employed elsewhere, and he/she must give the name and telephone number of that Employer. It shall be sufficient for the Employer to send notice of recall to the employee by registered letter sent mail to their the employee's last known address;. d) is 13.08 Employees who are off work due to Maternity/Paternity leave or while absent from work without an approved leave of absence for more than three and covered under the Workplace Safety and Insurance Board (3) consecutive working days unless a satisfactory reason is given by WSIB), will continue to accumulate seniority hours in accordance with the time they would normally have been scheduled to work. Seniority hours will stop accumulating if the employee such as sickness; e) fails to return to is off work on the completion of an authorized leave of absence unless for 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, period greater than stipulated 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, Employment Standards Act for Maternity/Paternity leave 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.for a period consistent with Article 13.03g.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority (i) The Employer shall maintain a seniority list for full-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be defined as the length of continuous service with provided by the Employer within to the bargaining unitUnion on or before March 31st of the following year. (ii) The Employer shall maintain separate seniority lists for Regular Part-time employees showing accumulated hours worked in their regular position. An On-call employee who successfully bids into a regular part- time position will accrue seniority on an hourly basis, inclusive for all regular hours worked in their regular part-time position. For the purposes of training daysbidding into a full-time position, from the most recent an employee will use his/her original date of hire. Seniority accrued while working in a regular part-time position will be credited once the employee has successfully bid into a full-time position. A full-time employee who successfully bids into a regular part- time position will maintain their existing seniority and build upon it for all regular hours worked in their regular part-time position. 20.02 Seniority (iii) It is understood that upon an employee’s termination from employment, their name will be considered deleted from the seniority list. It is also understood that the criteria used in determining an employee's 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 injurynot be altered. 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 Leaves of absence for more than up to three (3) consecutive working days unless months, or leaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Clause 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Clause 12.01(b) shall be considered as an interruption of employment. It is agreed that such leaves of absence shall not cause a satisfactory reason is given by loss of seniority, excepting for that period lost during the employee such as sickness;actual leave of absence. e(d) fails Employees who leave the bargaining unit for any length of time to fill any management position with the Employer, either permanently or temporarily, and then return to work on the completion Bargaining Unit shall retain their seniority excluding that period of an authorized leave of absence unless a satisfactory reason is given by the employeeservice with management. 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section 1 Each local union is given the option of accepting the seniority as contained in this Supplemental Agreement or of continuing the present seniority provisions in each local union Rider. This option may be exercised at any time during the life of this Agreement. Where a local union has elected to retain its local seniority practices, such practices shall be reduced to writing with any mutually agreed to changes. If an agreement cannot be reached within ninety (90) days, the matter shall be referred to the Joint Area Committee (JAC) for resolution. Section 2 Seniority shall be defined as the measured by length of continuous service with the Employer within and shall be on a center seniority basis for layoff purposes, and shall be applied in a manner as hereinafter outlined. Where more than one (1) center exists in a building, it will be considered one (1) center for layoff purposes. When more than one (1) center exists in a building and the bargaining unitpractice of one (1) seniority list exists, inclusive of training daysthat practice shall be continued. If there are difficulties in the application that cannot be worked out by local management and the local union involved, from the most recent date of hireproblem may be submitted to the Joint Area Committee for disposition. 20.02 Seniority Section 3 The seniority of an employee shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offsbe considered broken for the following reasons, and during all periods of sickness and/or injury. 20.03 An the employee shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes considered terminated: (a) if the employee:employee resigns voluntarily; a(b) if the employee is duly discharged by the Employer and such discharge is not reinstated set aside through the grievance and arbitration procedure contained in the Agreementprocedure; b) voluntarily quits or resigns; (c) has been if the employee is laid off continuously for a period of twelve three (123) months years or his/her length of seniority, whichever is called back less; or, (d) if the employee fails to report 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 and does not properly notify the employee such as sickness;Employer at the beginning of his/her starting time on the third (3rd) day. (e) fails to return to work on the completion of Unless otherwise prohibited by State or Federal law, 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, ’s seniority shall be broken when he/she has reached maximum medical improvement from an on or off the determining factorjob injury or illness if at that time they still cannot perform the essential functions of their job. Seniority The Employer must give written notice to the employee and the Local Union if subsection _(e) is applied. This provision shall not affect an employee’s rights under Article 14.3 of the National Master UPS Agreement. Section 4 Center seniority lists, by date of hire, shall be posted on the governing factor in relieving center bulletin board, by the Employer, and shall be revised and updated quarterly. If an employee in a higher paying classification, leave requests, scheduling daily hours protests the accuracy of work his/her dates and recall after layoff, providing the more senior accuracy can be verified by proper documentation the date will be changed to the appropriate date. Copies of all posted lists shall be sent to the local union involved. The Employer shall show two (2) seniority dates when an employee has, in has come from the judgment of part-time seniority list. One (1) date for the Employer which employee’s full-time seniority date and one (1) showing the part-time seniority for vacation weeks. The two (2) seniority dates 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 apply to part-time, providing time employees going to full time prior to 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 required1976-1979 Agreement.

Appears in 2 contracts

Sources: Central Region of Teamsters Supplemental Agreement, Central Region of Teamsters Supplemental Agreement

SENIORITY. 20.01 Section 1. Seniority standing shall be defined as granted to any regularly employed operating and/or maintenance employee covered by this contract after ninety (90) days worked. The standing is to be determined upon the basis of length of continuous employment of the employee, including service in the Armed Forces of our country in accordance with the Employer within conditions of a military leave of absence as outlined in Article XXII, “Veteran’s Rights” or other leaves so specified. Section 2. The first ninety (90) days worked shall be considered probationary and during this period the bargaining unitprobationary employee may be laid off, inclusive discharged, or transferred solely at the discretion of training daysthe administration, provided other employees’ seniority rights are not infringed upon. Section 3. If the employee is continued in the employment of the School System beyond the ninety (90) days‐worked probationary period, the employee shall acquire the status of a regular employee and seniority established from the most recent first day worked as a probationary employee. This provision shall not include anyone employed to do specific work which cannot be done by regular employees. Section 4. No student in the Wyandotte Public Schools enrolled in the regular school program can acquire seniority under any circumstances. Section 5. Seniority used to bid jobs by an employee demoted from a supervisory position shall consist of seniority accumulated from date of hirehiring until time of promotion to a supervisory position, or until July 1, 1966, whichever is later. If demoted, he/she shall be unassigned until such time as a job opens for bidding by regular employees, at which time he/she may exercise his/her seniority to bid. Such demotion shall not result in the discharge of a regular employee. 20.02 (a) Seniority, regardless of its length, acquired by less‐than‐eight (8)‐hour employees, cannot be used to out‐bid seniority acquired by eight (8)‐hour employees in bidding for eight (8)‐hour jobs. Seniority shall continue acquired by eight (8)‐hour employees cannot be used to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injuryout‐bid seniority acquired by less‐than‐eight (8)‐hour employees in bidding for less‐than‐eight (8)‐hour jobs. 20.03 (b) A less‐than‐eight (8)‐hour employee bidding into an eight (8)‐hour job will carry seniority (prorated) to the eight (8)‐hour job. Those now employed in eight (8)‐hour jobs will have any previous four (4)‐hour seniority prorated and added on in their present eight (8)‐ hour seniority. Vacation time allowed shall be based on the above basis (refer to Article VIII, Section 6, relative to pro‐ration). Section 7. An employee shall cease to have lose his/her seniority rights and their employment status with standing for the Employer shall be terminated for all purposes if the employeefollowing reasons: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementa. Resignation or retirement; b) voluntarily quits or resignsb. Dismissal for just cause; c) has been laid off continuously c. Absence 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; ewithout notifying (without just cause) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employeesupervision. 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.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

SENIORITY. 20.01 SECTION I: Seniority shall be defined as based upon the length of continuous accumulated service in the employ of the Town since the last date of hiring, except as otherwise provided in this Agreement. SECTION II: An Employee shall have no authority rights of any kind during the first One Hundred Eighty (180) days of employment. Upon completion of this probationary period, seniority shall accrue to said Employee beginning with the Employer within first day of employment by the bargaining unit, inclusive of training days, from the most recent date of hireTown. 20.02 Seniority SECTION III: All matters concerning layoffs and reemployment shall continue be subject to accumulate during the provisions of Chapter 31 of the Massachusetts General Laws as amended and applicable under which seniority shall control layoffs and reemployment when the senior employees have the ability and qualifications for the job involved. An employee who has completed his probationary period and who is laid off for lack of work shall be given at least a five (5) working day written notice of layoff by the Town. SECTION IV: Employees shall be considered by the Town for an available opening on the basis of their ability and qualifications to perform the job. Where such ability and qualifications are possessed by two or more interested employees, seniority shall control. SECTION V: The principle of seniority within each classification shall govern and control in all paid cases of transfer, as well as preference in assignment to shift work and unpaid authorized leaves choice of absencevacation period. An employee, during all lay-offswho wishes to exercise his seniority right in reference to his choice of a vacation period, shall request his desired vacation period at least sixty (60) days in advance, and during all periods of sickness and/or injuryin the event he fails to do so, other vacation requests shall be processed as received. 20.03 An employee SECTION VI: The services of an Employee during any period of employment by the Town shall be disregarded and his seniority shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeeterminates: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained If he resigns in the Agreementwriting; b) voluntarily quits or resignsIf he is discharged for just cause; c) has been laid off continuously for a period of twelve (12) months or is called back to work after a lay-off and If he does not return to work within seven fourteen (714) calendar working days after the mailing by the Town by certified mail or a Notice of receiving a registered letter Recall sent to their last known addresshim at his correct address except for reasonable cause; d) If he is absent from work without an approved leave laid off for a period of absence for more than time equal to his accumulated total seniority at the time of layoff but in no event to exceed 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 employeeyears. 20.04 SECTION VII: The selection provisions of employees for vacant or new positions shall be on the basis this Article are subject to Article 21 of qualifications, ability this Agreement 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 Chapter 31 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, Massachusetts General Laws as amended 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 requiredapplicable.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority 2.1 Subject to Article 2.8 and Article 2.9 below, when a new employee has accumulated sixty (60) working days of employment within a period of three hundred and sixty-five (365) consecutive calendar days, he shall be defined as the length of continuous service a regular employee, and his seniority will then date back to his original starting date with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hireEmployer. 20.02 Seniority shall continue 2.2 Subject to accumulate during all paid and unpaid authorized leaves of absence, during all the lay-offsoff procedure described in the Master Portion, Article 11.2, when it is necessary to lay off regular employees or rehire regular employees who have been laid off, the employees to be laid off or rehired shall be selected on the basis of seniority combined with performance of work assigned within their classifications. Seniority records shall be maintained by the Employer and shall be posted, and during all periods of sickness and/or injurythe Union shall be issued a copy on request. The Employer shall identify the Union ▇▇▇▇▇▇▇ on its seniority records. 20.03 An 2.3 A regular employee shall cease to have lose his seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeehe: a) is duly Voluntarily quits the employ of his Employer. b) Is discharged by and not re-instated through the Employer grievance procedure. c) Is laid off 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 re-employed within 180 days from lay-off and does not off. d) Fails to return to work within seven eight (78) days after he has been notified by the Union or if he fails to advise the Union within six (6) calendar days of receiving a registered letter sent receipt of notice of his intention to their last known address;return. d) 2.4 A regular employee who 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 requested to return to work on the completion of an authorized leave of absence unless and who is not immediately available may be passed over and a satisfactory reason is given more junior employee may be called instead, subject to displacement 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 haswhen he does report for work within eight (8) days of notification to do so. 2.5 When a regular employee fails to report for work or is unable to report or must cease to work for personal reasons, in the judgment Employer may recall employees laid off to fulfill the work assignments of such employee and the replacement employee shall be paid for the whole of the Employer which shall not be exercised in week or for such days as he was required to replace the employee normally holding that job. 2.6 An Apprentice who obtains an arbitrary or discriminatory manner, operator’s license and has acquired regular status with the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority Company shall be given the governing factor in all matters first opportunity for promotion to an operator before a probationary employee is engaged. 2.7 a) Seniority as a journeyman licensed engineer shall be from his date of non-disciplinary demotionhire or assignment as an operator as the case may be, layoff, and reduction subject to part-time, providing the more senior employee has, in the judgement provisions 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 required2.1 above.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 A. Seniority shall be is defined as the length of continuous service with years on the Employer within ▇▇▇▇▇ seniority list as of the bargaining unitMember’s first paid workday. For all purposes other than for longevity (i.e., inclusive general seniority), Members shall be given a half (.5) credit when forty-five (45) days or more are worked during a semester or a full (1) credit when one-hundred thirty-five (135) or more days are worked during the regular school year. For purposes of training dayslongevity (i.e., from longevity seniority), Members shall be given credit based on a percentage of days worked in relation to the most recent date number of hirenegotiated workdays as long as they have been given credit for general seniority. Seniority will be awarded on a prorated basis to Members who work less than full time. 20.02 Seniority B. Each Member will be assigned a seniority rank which will determine placement on the seniority list. If two (2) or more Members have equal seniority, a drawing shall continue be held within thirty (30) days of their hire date to accumulate during all paid determine their positions on the seniority list. ▇▇▇▇▇ and unpaid authorized leaves the Members so affected will be notified, in writing, of absence, during all lay-offs, the place and during all periods time of sickness and/or injurythe drawing. The drawing shall be conducted openly to allow affected Members and LETTA representatives to be in attendance. 20.03 An employee C. Loss of seniority shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee: aoccur when a Member either 1) retires, 2) resigns, 3) is duly discharged by the Employer and which is not reinstated through reversed, 4) fails to report to work within ten (10) workdays from receiving a written notice of recall from layoff, 5) is off the grievance and arbitration procedure contained in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously active payroll for any reason, except due to an involuntary layoff, for a period of twelve two (122) months years, or the length of the Member’s seniority, whichever is called back to work after less, or 6) refuses an offer of either a laylong-off and does not return to work within seven (7) calendar days term or permanent position that the Member held at the time of receiving a registered letter sent to their last known address;layoff. d) is absent from work without an approved D. Seniority shall accrue during any involuntary layoff or leave of absence (see article 20) up to a maximum of one (1) year. E. By October 1st of each year, the District shall provide the LETTA President with a copy of the seniority list. This list shall include all Members on leave or layoff, certifications of record, the Member's first (1st) working day and the amount of seniority, including seniority for more than purposes of longevity. Members will remain on the seniority list for a maximum of three (3) consecutive working days unless years from the date of an involuntary layoff in accordance with the Teachers’ Tenure Act. The ▇▇▇▇▇ President shall notify the District of any concerns within fifteen (15) workdays. The District shall research and address any concerns and post the final seniority list by November 1st. Members shall have fifteen (15) workdays after the final seniority list is posted to submit a satisfactory reason is given written challenge to the list to the District. Challenges not submitted during this period will not be considered. Challenges that have been ruled upon previously 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 District 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 reconsidered at a later date. F. General 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 mannerlost for a Member who has been discharged and reinstated; however, longevity seniority shall not accrue during the ability to satisfactorily be able to perform all aspects of the work requiredperiod between discharge and reinstatement.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

SENIORITY. 20.01 14.01 Seniority shall as referred to in this Agreement, will be defined as on a plant wide basis. The Company will compile Seniority Lists every three (3) months. A copy of such Seniority List will be posted in the length plant and a copy given to the Union. A subsequent seniority list, including addresses, postal codes, telephone numbers and rates of continuous service with pay will be provided to the Employer within the bargaining unit, inclusive Union Area Office on or about December 31st of training days, from the most recent date of hireeach year. 20.02 Seniority shall continue 14.02 Employees will accumulate seniority when absent from work, under the following conditions. (a) During the first six calendar months of any absence due to accumulate during all paid and unpaid authorized leaves layoff, leave of absence, during all laynon-offsoccupational accident or sickness for employees having 5 years seniority or less as of the date the absence commenced; (b) During the first twenty-four calendar months of any absence due to layoff, leave of absence, non- occupational accident or sickness for employees having over five years seniority as of the date the absence commenced. Note: 2 Present employees under 5 years’ seniority at Ratification Date shall be grandfathered with existing language. 14.03 Seniority rights of an employee will cease and his employment will automatically terminate when: (a) the employee is discharged, 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 subsequently reinstated through the grievance and or arbitration procedure contained in the Agreementprocedure; (b) voluntarily quits the employee resigns (c) for an employee with five (5) years or resignsless of seniority at the time of lay-off, the employee has been on lay-off for a continuous period of one (1) year, and for an employee with more than five (5) years of seniority at the time of lay-off, the employee has been on lay-off for a continuous period of two (2) years. Note: Present employees under 5 years’ seniority at Ratification Date shall be grandfathered with existing language. (d) the employee has been on layoff for a continuous period of less than the period outlined in 14.03 (c) and who, when notified by registered mail or by telegram addressed to the last address the employee has recorded with the Company, fails to notify the Company within three working days excluding date of mailing that the employee is intending to return to work and unless the employee returns to work as soon as possible after receiving notice and in any event within seven days of the mailing or other communication of such notice; c(e) has been laid off continuously for a period of twelve (12) months or is called the employee fails to report back to work after the expiration of the term of a lay-off and does not return to work within seven (7) calendar days leave of receiving a registered letter sent to their last known addressabsence or any extension thereof granted by the Company; d(f) the employee is absent from scheduled work without an approved leave of absence for more than three (3) two consecutive working days without contacting the Employer, unless a satisfactory reason is given by unable to contact the Employer due to exceptional circumstances. (g) the employee uses such leave for any other reason then the one for which it was granted 14.04 Any employee returning to the bargaining unit will be added to the seniority list as sickness; e) fails to a new hire. This employee will return to work on the completion of an authorized leave of absence lowest classification unless there is a satisfactory reason is given by the employeevacant position to which there are no successful applicants. 20.04 14.05 The selection President will have top seniority while holding the office 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, President in the judgment of Local Union, provided, however, that the Employer which shall not be exercised in an arbitrary or discriminatory manner, President has 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 requiredavailable job.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 A. Seniority rights of employees shall prevail on a Center basis. Seniority shall be defined as the length of continuous service with the Employer within the bargaining unitbroken only by discharge, inclusive of training daysvoluntary quit, 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 a three (3) consecutive working year layoff. In the event of a layoff, an employee so laid off shall be given ten (10) days notice of recall mailed to his/her last known address by telegram, registered or certified mail. The employee must respond to such notice within three days after receipt thereof, by telegram, registered or certified mail and actual- ly report to work seven days after receipt of notice, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement. A list of employees, arranged in order of their seniority, shall be posted in a satisfactory reason is given conspicuous place at their place of employment. Stewards shall be granted super-seniority for all purposes, including layoff, rehire and job preference if requested by the employee Local Union within sixty (60) days after the effective date of this Agreement, but only one ▇▇▇▇▇▇▇ shall have super-seniority for such as sickness; e) fails to purposes. The Local Union and the Employer shall agree on circumstances under which persons who leave classifications of work covered by this Agreement, but remain in the employ of the Employer in some other capacity may retain seniority rights upon their return to their original unit. In the absence of such express agreement such employees shall lose all seniority rights. B. A new employee shall work under the provisions of this Agreement but shall be employed only on a thirty (30) working day trial basis, during which period he/she may be discharged without further recourse, provided, however, that the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against Union members. Employees qualifying for a full time package opening shall have a thirty (30) working day trial period after completing orientation and/or training school, not to exceed fifteen (15) days. After working thirty (30) days within any ninety (90) consecutive day period, the employee shall be placed 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 regular seniority list and seniority. Where qualifications and ability are relatively equal, his/her seniority date shall be the determining factor31st day worked within any ninety (90) day period of his/her employ- ment. Seniority An employee qualifying for a full-time opening shall be not have his/her seniority interrupted during the governing factor in relieving an employee in a higher paying classificationfree period. In the event of discipline within the probationary period, leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer which must noti- fy the Local Union in writing. Time worked from November 10th through December 31st of each year shall not accrue towards seniority. An employee qualifying for a full time opening shall not have his/her seniority interrupted dur- ing the free period. Any employee who is retained after December 31st or recalled within sixty (60) days after December 31st must work thirty (30) days in any ninety (90) consecutive day period commencing with the first day worked after December 31st. However, those employees hired prior to November 10th and retained after December 31st, will retain credit for the number of days worked prior to November 10th. Those days retained will count towards the thirty (30) days worked in any ninety (90) con- secutive day period commencing with the first day worked after December 31st. November 10th to December 31st shall not be exercised used in computing the ninety (90) consecutive day period. Those employees shall acquire seniority as of the thirty-first (31st) day worked.‌‌ An employee hired prior to November 10th to fill vacancies creat- ed by a full-time employee who quits, retires, or is terminated for any reason and who is retained after December 31st or who is recalled within sixty (60) days will retain credit for the number of days worked prior to November 10th and shall acquire seniority as of the thirty-first (31st) day worked. C. If employees are hired through an arbitrary or discriminatory manneremployment agency, the ability Employer is to satisfactorily pay the employment agency fee. However, if the Union was given equal opportunity to furnish employees under Article 3, Section (1) (b) and if the employee is retained through the probationary period, the fee need not be able paid until their thirty-first (31st) day of employment. Preference shall be given to employees older in service and in order of their seniority to the extra work available within their classifica- tion after he/she has completed his/her day’s work provided that such employees are available at such times as the work is assigned and are qualified to perform all aspects of the work required. Reverse order In no event may employees displace other employees who have not completed their assignment. Seniority rights of employees shall prevail on a center basis. This matter was thoroughly discussed between the Union and Company Negotiating Committees and it was agreed the “center” basis meant in this particular case, each building. Section 2 The Employer shall not require, as a condition of continued employment, that an employee purchase truck, tractor and/or trailer or other vehicular equipment or that any employee purchase or assume any proprietary interest or other obligation in the business.‌‌‌ Section 3 Any controversy over the seniority standing of any employee on the seniority list shall be submitted to the governing factor in all matters grievance procedure. Where two (2) or more employees have the same seniority date, the employee who completed their thirtieth (30th) workday first shall go ahead on the seniority list. If still tied, the date of non-disciplinary demotion, layoffemployment application shall govern, and reduction if still tied, seniority order shall be decided by coin toss. The employer agrees to part-timeprovide updated seniority lists on a quar- terly basis upon the written request of the local union. Section 4 In the event that the Employer absorbs the business of another pri- vate, providing contract or common carrier, or cartage business, or is a party to a merger of lines, the more senior employee hasseniority of the employees absorbed or affected thereby shall be determined by mutual agreement between the Employer and Unions involved. Any controversy with respect to such matters shall be submitted to the joint grievance procedure. Such determination shall be made without regard to whether the employees involved are members or not of a Union. If the minimum wage, hour and working conditions in the judgement Company absorbed differ from those minimums set forth in this Agreement, the higher of the Employer which two (2) shall not be exercised remain in an arbitrary or discriminatory manner, effect for the ability to satisfactorily be able to perform all aspects employees so absorbed. Section 5 In the event a driver loses his/her license because of violation of any laws wholly caused by and with knowledge of the work requiredEmployer, or any of its representatives etc., it is agreed that the Employer shall pay the driver who lost his/her license his/her full weekly earnings for- ever after until such time that the driver’s license is reinstated. In

Appears in 2 contracts

Sources: National Master United Parcel Service Agreement, National Master United Parcel Service Agreement

SENIORITY. 20.01 Seniority shall be defined as the (a) The rules of this Agreement respecting seniority rights are designed to give employees an equitable measure of security based on their length of continuous service in the bargaining unit in which they are employed. (b) Seniority of each employee covered by this Agreement shall be established after a probationary period of sixty (60) working days within any twelve (12) month period and shall count from date of employment. (c) The word “seniority” as used in this Agreement shall mean the length of an employee’s service with the Employer within the bargaining unit, inclusive of training days, Company measured from the most recent date employee’s first day of hirework unless such employee’s seniority is hereafter broken under the terms of this Article. 20.02 Seniority 12.02 A seniority employee 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 injuryaccrue seniority except as otherwise provided in this agreement. 20.03 An employee (a) Probationary employees shall cease not receive credit for time off sick toward the sixty (60) working days of employment required to have seniority rights acquire seniority. Probationary employees disabled as the result of an occupational injury or illness compensable under the WSIB Act or if summoned and their employment status with the Employer reports for jury duty shall be terminated given credit for all purposes if the employee:period of such disability or absence toward acquiring seniority. The employee must furnish evidence that the jury duty was performed in order to receive seniority credit. a(b) is duly discharged by the Employer and is Days of training and/or orientation consisting of four (4) hours or more will be credited as full “work” days toward acquiring seniority. (c) The termination of a probationary employee will not reinstated through be subject to the grievance and or arbitration procedure contained in this agreement unless the Agreementtermination constitutes a violation of the Human Rights Code or if it is proven the Company acted in bad faith. (d) In the event a probationary employee’s performance is unsatisfactory the Company will make available to the Union, the employee’s performance evaluation, prior to layoff or discipline. 12.04 Seniority will be lost and employment will be terminated if an employee: (a) quits, resigns or retires; (b) voluntarily quits fails to report for work or resignsfails to notify the Company for three (3) consecutive working days without supplying a reason satisfactory for such failure; (c) has been with less than one (1) year of seniority is laid off continuously and not recalled for a period of twelve (12) months or is called back in the case of an employee with one (1) or more years of seniority thirty-six (36) months; (d) if the employee fails to report for work after in accordance with a lay-off and does not return to work notice of recall, or within seven five (75) calendar working days of receiving a registered letter sent to their last known address; d) mailing date of such notice, whichever is absent from work without an approved leave of absence for more than three (3) consecutive working days later, unless a satisfactory reason is given by given; (copy of registered letter to be supplied to Union on the employee such as sickness;day of mailing) (e) fails is discharged and not reinstated pursuant 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 provisions 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.grievance and/or arbitration procedures contained herein;

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section 32.01. Seniority shall be is defined as the employee's uninterrupted length of continuous service with the Employer Senior Services of Belmont County and the Belmont County Board of Commissioners. Seniority shall be calculated in calendar days of employment from the last hiring date or re- employment following a break in service. There shall be two (2) types of seniority: 1. Agency-wide seniority, which is the total service within the bargaining unitAgency, inclusive regardless of training days, from the most recent date of hireclassification seniority. 20.02 Seniority 2. Classification seniority, which is the total service within an individual classification. For the purpose of a tie breaker for those employees affected by the change of employment from Belmont Senior Services to Belmont County Department of Job and Family Services, see Section 15.01 herein. If an employee transfers to a new classification, such transfer shall continue to accumulate during all paid and unpaid authorized leaves of absencenot affect the employee’s Agency-wide seniority or the employee’s previous classification seniority. Example: An employee works five (5) years as a Driver, during all lay-offstwo (2) years as a Center Director, and during all periods then three (3) more years as a Driver. The employee has eight (8) years of sickness and/or injuryDriver classification seniority, two (2) years of Center Director classification seniority, and ten (10) years of Agency- wide seniority. 20.03 An employee Section 32.02. Employees shall cease to have lose all seniority rights and their employment status with upon any of the Employer shall be terminated for all purposes if the employeefollowing circumstances: aA. Layoff in excess of eighteen (18) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementmonths; b) voluntarily quits or resignsB. Resignation; c) has been laid off continuously C. Discharge for a period of twelve (12) months or is called back just cause; D. Failure to work after a lay-off and does not return to work within seven five (75) calendar working days of receiving a registered letter sent recall from layoff, via notice by certified mail to their last known address; d) is absent from work without an approved leave of absence for more than three (3) consecutive working days employee's residence; unless a satisfactory reason is given by the employee such as sickness; e) fails failure to return to work on within such five (5) days is not within the completion control of the employee, or within five (5) days, the employer agrees to an authorized alternate date for the employee to return to work; E. Failure to return to work upon expiration of a leave of absence, unless otherwise agreed to by Employer; and 1. Absence of four (4) or more consecutive work days, without notifying the Agency's Director or his designee in the absence of the Director (no call/no show), unless a satisfactory reason reasonable excuse for the absence is given by the employeegiven. 20.04 The selection of employees for vacant F. An employee who has been or new positions shall be on served in a non-bargaining unit position longer than they have served within the basis of qualifications, ability and bargaining unit will lose all bargaining unit seniority. Where qualifications and ability are relatively equal(i.e., 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.three

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 9.01 An employee shall be considered to be on probation until they have completed 60 working days of continuous satisfactory service with the Company, but shall, on the completion of the said service be given seniority rights from the date of hiring. In the case of intermittent employment, their hiring date for seniority purposes shall be 60 days prior to the date of completion of 60 working days of satisfactory service. 9.02 Seniority shall be defined as accumulated by the length time worked in the employ of continuous service with the Employer within the bargaining unitCompany, inclusive plus time lost not in excess of training daystwo years, from the most recent date of hire. 20.02 Seniority shall continue due to accumulate during all paid and unpaid authorized leaves each lay-off or each leave of absence, during all except that in no case shall an employee accumulate more seniority while on such lay-offsoff or leave of absence, and during all periods than an amount equivalent to the amount of sickness and/or injuryseniority they had on the effective date of such lay-off or leave of absence. 20.03 An employee 9.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four times a year, shall be prepared and maintained by the Company as follows: (A) A master seniority list covering all employees who have served their probationary period as provided in section 9.01. (B) A seniority list of each occupational group. 9.04 All seniority rights of an employee, who leaves the employ of the Company, shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeewhere: a(A) is duly They voluntarily resigns. (B) They have been discharged by the Employer and such discharge is not reinstated reversed through the grievance procedure. (C) They are absent for three consecutive working days for reasons other than illness or injury without having applied for and arbitration procedure contained in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously for obtained 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 a definite period from the Company, unless there is a good reason, acceptable to the Company provided for such failure to meet this limit. (3D) 1. They are absent for seven consecutive working days due to illness or injury unless a satisfactory reason the Company is given notified of such condition by the employee or his agent within the said seven days, provided, however, that 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 notification shall be on deemed to have been given if the basis of qualifications, ability employee is incapacitated to the extent that they cannot notify the Company within the time 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 requiredmanner aforesaid.

Appears in 2 contracts

Sources: Collective Labour Agreement, Collective Labour Agreement

SENIORITY. 20.01 Section (a) Where merit and ability are approxi­ mately equal, seniority shall be recognized and Journey­ men promoted, provided they meet qualifications fitting them for such positions. The Employer hereby agrees that when promotions are in order or higher rated jobs come open, those already employed by said Employer shall be given preference and a fair trial period shall be given without jeopardizing the Employee’s former rating. Section (b) There shall be a thirty (30) day proba­ tionary period for all new Employees, during which time they may be discharged for any reason. Following completion of such period the Employee shall become a regular Employee for all purposes under this Agreement and his seniority shall date from the first day of em­ ployment. Seniority shall be defined applicable among proba­ tionary Employees as the length of a group. Section (c) Seniority shall be by classification. Section (d) Seniority shall be based upon continuous service with the Employer within the bargaining unit, inclusive but no Employee shall suffer loss 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 employeeunless he: a) is duly 1. Is discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementfor cause; b) 2. Resigns or voluntarily quits or resignsquits; c3. Is absent from work for six (6) has been laid off continuously consecutive months due to layoff; 4. Is absent from work for a period of twelve (12) consecutive months due to injury 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 addressillness; d) is 5. Is absent from work without an approved leave of absence for nine (9) consecutive months due to pregnancy; or \ i 6. Is absent from work for more than thirty (30) days due to death in the immediate family, as provided in Article XI, Funeral Leave. When personal leaves are granted by the Employer, the Employee shall be given written notice thereof spe­ cifying the extent of such leave. Section (e) In the reduction of the number of Em­ ployees due to lack of work, the last Employee hired in the classification shall be the first to be laid off and, in rehiring, the last Employee laid off in the classification shall be the first rehired until the list of Employees previously laid off has been exhausted. Employees who are laid off due to lack of work shall. have seniority rights in rehiring for extra and/or steady jobs subsequently available with the Employer prior to the hiring of new Employees. Such Employee shall be notified by telephone, or if not reached by telephone, then by telegram or certified mail, a copy of which shall be sent to the Union. Section (f) The selection of vacations shall be on a market basis except: 1. The vacation of an Employee shall not be changed if it was scheduled prior to his transfer from one market to another; 2. If an Employee does not have a scheduled vacation at the time of such transfer, the scheduling of his vacation shall be based solely upon his seniority status in the market to which he is transferred. Section (g) With respect to layoffs, rehires and pro­ motions, seniority shall be based upon the length of service with the Employer in the area covered by this Agreement; provided, where an Employee is transferred by the Employer to such area from another area, the transferred Employee shall retain all seniority rights with the Employer but shall not be entitled to exercise such rights with respect to layoff, rehire or promotion until the expiration of six (6) months after the date of transfer, at which time his seniority shall be based upon the first day of employment by the Employer, regard­ less of area. However, during such period of six (6) months the transferred Employee shall accrue seniority rights in the new area from the date of transfer and shall retain all seniority rights with respect to layoff, rehire and promotion in the area from which he was transferred. Section (h) When an Employee is recalled after lay­ off, he shall have three (3) consecutive working days unless a satisfactory reason is given by to report after receipt of notice of such recall. Section (i) Employees assigned to regular relief work may, after six (6) months on such work, request the employee such as sickness; e) fails Employer in writing to return be assigned to work on the completion in one store. The rescheduling of an authorized leave such relief work shall be done within thirty (30) days and be based upon inverse sen­ iority. This provision shall not apply to temporary relief work required as a result of absence unless a satisfactory reason is given by the employeeillness, injury, vacation or other like temporary relief work. 20.04 The selection Section (j) In the scheduling of employees for vacant or new positions a predetermined short work week as provided in Article III, Section (a), of this Agreement, the assignments shall be made on the basis of qualificationsseniority within the appropriate supervisorial district in the area covered by this Agreement. Section (k) Upon request by the Union, ability and senioritythe Em­ ployer agrees to provide a seniority list of his Employ­ ees, provided such request is not made more than once in each twelve months. Section (1) The Union will cooperate with the Em­ ployer in the scheduling of Employees for temporary part time or relief work outside the geographical juris­ diction of this Agreement. Where qualifications and ability are relatively equalHowever, seniority no Employee 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 discriminated against for refusal 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 requiredaccept such as­ signment.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Retail Butchers' & Retail Fish & Poultry Agreement

SENIORITY. 20.01 Section 20.1 Definition of Seniority As used herein, the term "seniority" shall be defined as the continuous uninterrupted length of continuous service or employment as a full-time employee with the Employer within Franklin County Engineer's Office. Service as a summer/seasonal employee, or in another position in the County shall not be credited as service. Part- time service in the bargaining unit, inclusive of training days, from the most recent date of hire. 20.02 Seniority unit would be prorated. Employees shall continue to accumulate during all paid and not accrue seniority while on unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury. 20.03 An Section 20.2 Application of Seniority "Seniority" shall accrue to all employees covered by this Agreement in accordance with the provisions of this Article. Seniority, as defined in this Article, will apply wherever employee shall cease to have seniority rights are established in the terms and their employment status conditions of the Agreement. The criteria for determining the employee with more seniority among two (2) or more employees hired on the same date shall be the last four (4) digits of the employees’ social security numbers; the highest number will be considered the more senior employee. For example, the employee with the Employer last four digits of 1234 is more senior than the employee with the last four digits of 0989. Section 20.3 Breaks in Service The following situations shall be terminated constitute breaks in continuous service for all purposes if the employeewhich seniority is lost: a(A) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the AgreementAny termination, discharge, or removal; b(B) voluntarily quits or resignsRetirement; c(C) has been laid off continuously Layoff for a period of twelve more than one year; (12D) months or is called back Failure to work after a lay-off and does not return to work within seven ten (710) calendar days of receiving a registered letter sent to their last known addressrecall from layoff; d(E) is absent from Failure to return to work without an approved at the expiration of leave of absence absence; (F) A resignation or job abandonment; or, (G) Absent without leave for more than three (3) consecutive working days unless a satisfactory reason is given except in extenuating circumstances as determined by the employee such as sickness; e) fails to return to work Employer. Employees absent while on the completion of an authorized approved, unpaid 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 considered to have a break 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 continuous service but shall not be exercised in accrue seniority while on an arbitrary or discriminatory mannerapproved, the ability to satisfactorily be able to perform all aspects unpaid leave of the work requiredabsence.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 9.1 Seniority shall be defined as the employee’s continuous length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hireCooperative. 20.02 9.2 Seniority shall continue to accumulate during all for each regularly 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) who has been laid off continuously employed as such for six (6) months within a period of twelve (12) consecutive months or under this Agreement, shall begin as of the first day of employment unless their seniority has been broken as provided in Article 9, Section 4. If an employee’s seniority has been broken and the employee is called back re-employed, then and in that event, the employee’s seniority, after having been re- employed for a period of six (6) months within a period of twelve (12) months, shall begin on the first day of re-employment after their most recent loss of seniority hereunder. 9.3 When making a reduction in the number of employees due to lack of work after a lay-and when rehiring, the following procedure shall govern: a) Employees who have not established seniority with the Cooperative shall be laid off first. b) Thereafter, employees shall be laid off in the inverse order of their established seniority. c) The foregoing provisions of (a) and does (b) need not return apply when the application thereof would result in the Cooperative being required to layoff employees possessed of skill essential to properly perform the work within seven (7) calendar days available at the time of receiving a registered letter sent to their last known address;layoff not possessed by employees having seniority under the Agreement. d) When adding employees, those having established seniority most recently laid off on account of curtailment of work shall be the first among those holding seniority to be re-employed, if available and physically able to return to work, providing they have the qualifications required. 9.4 Seniority shall be deemed to have been broken for the following reasons. a) If the employee resigns. b) If the employee is discharged for just cause and not reinstated. c) If the employee is absent from work without authorized leave except when satisfactory reasons for their absence are given. d) If 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) who has been laid off fails to return to work on within three (3) days after being properly notified to report for work and does not give a satisfactory reason for failing to report. e) If an employee is laid off for twenty-four (24) consecutive months, they shall, however, not lose their seniority if said seniority exceeds twenty-four (24) months. In all other cases where an employee is laid off for more than twenty-four (24) consecutive months, the completion employee shall not lose their seniority unless the employee is laid off for a continuous period equal to the seniority they had acquired prior thereto. In the event an employee with five (5) or more years of service is laid off in excess of five (5) continuous years, then the seniority of such employee shall terminate. 9.5 The Cooperative will notify the Union of minimum qualifications for key positions or supervisory positions in the bargaining unit in advance. When making promotions and filling vacancies, the Cooperative will discuss qualifications of applicants with the Union before making a selection, but after discussion the Cooperative will have the sole right to make such selections. If more than one candidate meets the minimum qualifications for a key position, seniority shall prevail. This does not apply to supervisory positions. a) When vacancies occur or when new positions are created within the bargaining unit, the Cooperative will post a notice for a period of five (5) days (Saturdays, Sundays and holidays excluded) announcing the position. Employees desiring to be considered shall make written application to Human Resources. When necessary, temporary assignments will be made for the period the position is considered open. b) An employee promoted to a new position and new hires shall be given a reasonable opportunity, not to exceed six (6) months, to demonstrate their qualifications and ability. If an authorized employee does not qualify in a reasonable time, the employee and the Union will be notified of the nature of the disqualification, and the employee shall be returned to the position formerly held. c) Before bids are awarded, employees going from one major classification to another may be required to take a physical examination. The examination will be the same as that administered when new employees are hired and the results will be made known to the Cooperative. The Cooperative will pay for the examination. 9.6 An employee who has established seniority, if in the Cooperative’s judgement they can be separated from duty, may be granted a leave of absence upon approval from the Cooperative, and while on such leave, they shall not forfeit any such seniority they may heretofore have established provided they do not overstay their leave or accept employment elsewhere while on such leave without the approval of the Cooperative. 9.7 Notwithstanding any of the terms hereof, an employee who has been laid off shall deem to have lost all accumulated seniority and all rights to be re-employed unless a satisfactory reason they register with the Cooperative either in person or by registered mail at least once each year during the month of December. 9.8 Any written notice to be given under this Agreement shall be deemed properly given when deposited in the United States Post Office under registered mail addressed to the last known address. 9.9 An employee who is given injured while in the employ of the Cooperative shall continue to accumulate seniority and upon recovery, shall be reinstated to their former position with full seniority, providing they make application to return to work within five (5) days after they are pronounced recovered by the employeeCooperative’s physician and they are physically qualified to return to work. 20.04 9.10 The selection Cooperative and the Union may, by mutual agreement, suspend or alter the provisions of employees this Article in case of mutual desire to provide employment 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, who has been partially disabled while in the judgment employ of the Employer which shall not be exercised in an arbitrary Cooperative on or discriminatory manneroff duty, 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, or while on authorized leave serving 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 requiredUnited States Military Service.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority 8.01 Seniority, as referred to in this Agreement shall be defined as the mean length of continuous service with in the Employer within employ of the bargaining unit, inclusive of training days, from the most recent date of hireCompany and shall be on a plant-wide basis. 20.02 8.02 An employee will be considered to be probationary during his first six month period. The Company shall have the un- conditional right to terminate probationary employees, not- withstanding any other provision of this Agreement other than paragraph 6.01. The Company and the Union may agree to extend the probationary period of the employees. 8.03 Seniority lists will be revised monthly unless there have been no changes to the list; a copy of the list will be posted in the plant and a copy given to the Union. 8.04 Layoffs which are anticipated to be a duration of a full work- ing shift or more shall be on the following factors; (a) seniority (b) skill and ability Where the qualifications in factor (b) are relatively equal, seniority shall govern. However, the Company reserves the right to maintain, at all times, crews capable of performing the jobs required. Layoffs of less than one (1) full working shift, which are out of seniority, will be limited to occur not more than once in any work week, and only after all less senior General Help employees have been laid off. Employees with seniority will be offered the General Help job, however, the senior employ- ees will have the right to opt to leave. There are no bumping rights for layoffs of less than a full working shift unless otherwise stipulated elsewhere in the Collective Agreement. If an employee is transferred to a lower rated job to avoid layoff of a full working shift or more, he shall receive the rate of that lower rated job. 8.05 Seniority shall continue to accumulate during all paid terminate and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury. 20.03 An an employee shall cease to have seniority rights and their be employed by the Company when he/she: (a) voluntarily quits his employment status with the Employer shall be terminated for all purposes if the employee:Company; a(b) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementor arbitration; b) voluntarily quits or resigns; (c) has been laid is off continuously for a period of twelve (12) months or is called back work due to work after a lay-off and does not return for a continuous period of eighteen (18) months (benefits will continue for the per- iod defined by the length of employ with the Company or eighteen (18) months, whichever period is less); For em- ployee’s hired after date of ratification (August 7, 2011) benefit continuation is 30 days maximum. (d) fails to report for 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 af- ter being notified by the employee such as sicknessCompany of recall by registered mail, unless for a bona fide reason; (e) fails to return to work on upon the completion termination of an authorized a leave of absence unless a satisfactory reason acceptable to the Company is given by given; (f) accepts gainful employment while on a leave of absence without first obtaining the employeeconsent of the Company in writing; or (g) is absent from work for three (3) consecutive days with- out notifying the Company and without providing a bona fide reason. 20.04 The selection 8.06 An employee who voluntarily accepts a position outside the bargaining unit shall maintain and continue to accumulate seniority for a period of employees three (3) months for vacant or new positions the purpose of transferring back into the bargaining unit. If the employee returns to the bargaining unit after one (1) day, but before three (3) months have expired, she/he shall return to his posted position. If the employee returns to the bargaining unit after three (3) months have expired, she/he shall have no seniority standing. There will be only one such occurrence per employee per year. In order to maintain and accumulate seniority and the right to return to the bargaining unit, the Company will continue to deduct Union dues based on the basis hourly rate of qualifications, ability his most recent posted position. The employee may waive his right to maintain and seniorityaccumu- late seniority and the right to return to the bargaining unit and discontinue paying Union dues. Where qualifications This waiver will be submit- ▇▇▇ to the Company in writing and ability are relatively equal, seniority the Company will forward a copy to the Local 333 Office and the Unit Chairperson. 8.07 It shall be the determining factorduty of each employee to notify the Company promptly of any change in address. Seniority Notice required by the Company shall be deemed to be given if forwarded to the governing factor in relieving an employee’s last address of which the Company had notice. 8.08 An employee who has been receiving short term or long term disability benefits and is: (a) able to return to work and is capable of performing the duties of the employee’s former job, shall provide the Company with satisfactory medical proof of readiness to return to work. The Company shall then reinstate the employee in a higher paying classification, leave requests, scheduling daily hours of the same job held immediately prior to the disability. (b) able to return to work and recall after layoffis incapable of performing the duties of the employee’s former job, providing but is capable of performing the duties of a lower rated or modified job, shall notify the Company of his readiness to return to work, and provide the Company with a comprehensive medical report, at the Company’s expense. The Company shall then reinstate the employee to a job for which the employee is capable of performing. The employee will be paid the rate of pay associated with the highest paying lower rated or modified job. 8.09 Where two (2) or more senior employee hasemployees have the same seniority date, their names will be placed on the seniority list in the judgment order of processing by the Personnel Department on the day of hiring. The employee at the head of the Employer which list on his date of hire shall not be exercised in an arbitrary or discriminatory manner, deemed to possess the ability to satisfactorily be able to perform all aspects highest seniority 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 requiredemployees on that date.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority 9.1 Except as otherwise provided in Article 14.13, a new employee shall not be regarded as permanently employed until after sixty-five (65) working day’s service, which service must be accumulated within the preceding twenty-four (24) months. Within such sixty-five (65) day period they may, without investigation, be removed for cause, which in the opinion of the Railway renders the employee undesirable for its service. If removed for cause they shall be defined provided with a written notice. If retained, seniority in the Maintenance of Way department shall commence from the date of entry into the service as Maintenance of Way employee under this agreement. 9.2 When two (2) or more employees are employed in the length bargaining unit on the same day, their seniority standing will be determined in the following order: (a) last date of continuous service with entry into Company service; if the Employer within same, (b) the local time at which they started work in the bargaining unit, inclusive ; if the same, (c) date on which application for employment was made; if the same, (d) by a drawing of training days, from names as arranged by the most recent date of hireappropriate Company Officer and the Local Representative. 20.02 Seniority 9.3 In the event of an employee leaving the service when their services are required, upon re-entering the service, they shall continue rank as a new employee but shall not be required to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injurycomplete the probationary period stipulated in Article 9. 20.03 An employee 1. If the experience of an applicant meets the requirements of this Section they are, if employed, entitled to the minimum schedule rate. 9.4 Probationary employees, if qualified, shall cease have preference of employment over the engagement of new hires. Seniority Lists 9.5 Complete lists of all Maintenance of Way employees covered by this agreement on each seniority territory as defined* hereunder, showing their seniority standing in their respective departments and dates of promotion to have seniority rights and their employment status with the Employer higher classifications therein, shall be terminated updated and posted at the headquarters locations of all employees concerned, on or before March 31 and September 30 of each year. A copy of said list shall be furnished to the Union Representatives of the employees. Seniority territories, as defined* hereunder, shall not be changed except by agreement between the railway involved and the TCRC MWED President. Note: See Seniority Territories, Appendix B 9.6 Separate lists will be prepared for all purposes if the employee: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained employees in the Agreement;Track Department, Bridge and Structures Department and all other groups governed by this agreement. b) voluntarily quits or resigns; c) has been laid off continuously 9.7 Seniority lists shall be open for correction for a period of twelve one hundred and twenty (12) months or is called back to work after a lay-off and does not return to work within seven (7120) calendar days on presentation in writing of receiving a registered letter sent to their last known address; d) is absent from work without an approved leave proof of absence for more than three (3) consecutive working days unless a satisfactory reason is given error by the employee such as sickness;or their Representative to the issuing officer. Except by mutual agreement, between the TCRC MWED President or the authorized Representative and the appropriate officer of the Railway, seniority standing shall not be e) fails 9.8 The list for Track Maintainer shall be prepared and will include those employees who in the exercise of their seniority have been assigned 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 vacancies or new positions regarded at the time as providing full time work. A seniority list shall also be prepared for the classification of Trackman “B” to include those employees who 9.9 A seniority list shall not be established for Track Maintainer/Section Truck Drivers. Bulletined vacancies of Track Maintainer/Section Truck Driver will be awarded 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 classification of the Employer which Track Maintainer. A Track Maintainer/Section Truck Driver will retain all seniority rights and shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects exercise a) An employee will not forfeit seniority in higher classifications (above Track Maintainer) for failure to occupy vacancies in those classifications if the b) The Track Maintainer/Section Truck Driver will have the primary responsibility for the operation of the work requiredBTMF Section Vehicle. Reverse order This operation will consist of seniority the regular driving and daily inspection of the Section Vehicle. The principal duties of an employee working in the position of Track Maintainer/Section Truck Driver shall be that of a Track Maintainer. c) If for any reason a Track Maintainer on the governing factor in all matters section is unable to drive the Section Vehicle, that duty will be performed by the Leading Track Maintainer or the Track Maintenance ▇▇▇▇▇▇▇. d) All training regarding the Section Vehicle will be provided by the Company during regular working hours. The Company is prepared to absorb the cost of nonany additional licensing fees regarding the operation of the Section Vehicle. e) Work Equipment Repair Shop employees represented by the TCRC MWED shall provide maintenance services on the BTMF Section Vehicles, including repair of hydraulic components, crane and Hi-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee hasRail components, in line with present practices. Note: Following the judgement 1993 BTMF Reorganization, on each Seniority Territory, bulletins were issued to fill the permanent positions of Track Maintainer/Section Truck Driver that were established under the BTMF implementation. For the purposes of establishing these new positions, one position of Track Maintainer, as outlined in the Article 8 notices, for each of the Employer reorganized sections to which shall not be exercised in an arbitrary or discriminatory mannera BTMF Section Vehicle was assigned, the ability to satisfactorily be able to perform all aspects of the work required.were considered

Appears in 2 contracts

Sources: Wage Agreement, Wage Agreement

SENIORITY. 20.01 (a) Seniority of an employee shall be defined as mean the length of continuous the employee’s unbroken service with the Employer within Company in the bargaining unitBargaining Unit covered by this Agreement, inclusive of training days, from except as provided in clauses 8.01 (b) and (c) below. (b) It is agreed that clause 8.01 (a) above shall not be applied to alter any seniority date which has been established prior to the most recent effective date of hirethis Agreement. 20.02 Seniority (c) An employee who accepts a job (whether permanent or temporary) with the Company outside the Bargaining Unit may, within three (3) months of receiving such job, revert to their former position and in so doing may displace the employee who succeeded the employee in that position. After such an employee has been out of the Bargaining Unit for a period in excess of three (3) months, the employee may only return to the Bargaining Unit to accept a position which remains vacant after completion of the job posting procedure set out in this Article 8. This opportunity for any given employee to return to the Bargaining Unit from an excluded position shall be limited to one occasion only. Notwithstanding the foregoing, the Company may use bargaining unit employees to fill in for the same classification at a location outside of the Edmonton Branch. Employees shall be asked in seniority order to fill in for such positions however no employee may be forced to do so. The use of Edmonton employees cannot negatively impact on the vacation allotment or the full time FTE Letter of Agreement. (d) Not withstanding the above one-time only provision, an employee that is the successful candidate for a temporary job posting in sales may only perform such work to a maximum of three hundred and sixty-five (365) consecutive calendar days. The Company shall continue to accumulate during all paid deduct and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injuryremit Union dues on the employee’s behalf. 20.03 8.02 An employee shall cease to have seniority rights and their employment status employee's service with the Employer Company shall be terminated for all purposes broken if the that employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;quits. (b) voluntarily quits or resigns; c) has been is laid off continuously for a period of twelve eighteen (1218) months or a period equal to one-half (1/2) of the employee’s Company seniority to a maximum of three (3) years, whichever time period is called back greater. (c) is discharged, and such discharge is not reversed by grievance procedure, (d) fails to work after a lay-off and does not return to work on the expiration of any period of leave granted by the Company, unless the employee contacts the Company, if possible, prior to the intended date of return and provides a reasonable explanation for the need of an extension to the period of leave. (e) is absent from work for three (3) or more consecutive working days without having notified the Company and received permission to be absent, unless the employee can provide a reasonable explanation or, (f) retires. 8.03 For the purposes of this Article 8, inside employees, outside employees and office employees shall be considered as separate seniority groups. 8.04 Separate seniority lists shall be maintained by the Company for each of the seniority groups referred to in clause 8.03 above. Each such list shall show the name of each employee in the group and the date from which the employee’s seniority is calculated according to Company records. If two (2) or more employees are hired on the same day, the times of hiring will determine their seniority ranking. These lists will be brought up to date every three (3) months and, at each revision, will be posted on the Union bulletin board for a period of seven (7) calendar days. During that interval, any employee whose name appears on the list for the first time, or whose seniority date has changed from the most recently posted seniority list, may question their seniority ranking if the employee is in disagreement with it. If no written complaint is received by the Company within seven (7) calendar days of receiving the posting of a registered letter sent seniority list, the revisions contained in that list shall be deemed to their last known address; d) is absent from work without an approved leave be correct by all concerned. Any other inaccuracies of absence for more than three (3) consecutive working days unless a satisfactory reason is given the seniority list shall only be changed by mutual agreement between the employee such as sickness; e) fails to return to work on Local Union President and the completion of an authorized leave of absence unless a satisfactory reason is given by the employeeLabour Relations Manager. 20.04 The selection of employees for vacant or new positions shall be on the basis of qualifications8.05 In making promotions, ability demotions, lay-offs, and seniority. Where qualifications and ability are relatively equalrecalls from lay-offs within a seniority group, seniority shall be govern, provided the determining factoremployee can satisfactorily fulfil the normal requirements of the job. Seniority For the purposes of this Article 8 a "promotion" in any seniority group shall be mean only the governing factor in relieving moving of an employee from a job in that group included in one of the wage brackets referred to in Article 16 hereof to a job in that group included in another such wage bracket designated by a higher paying classificationnumber and shall not include the moving of an employee from one job to another, leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, both jobs being included in the judgment same wage bracket nor shall a "promotion" include the moving of the Employer an employee to a job in which shall not he would cease to be exercised an "employee" as defined 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 requiredthis Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 8.01 An employee, other than a student hired for the vacation period, shall acquire seniority status after he has completed a probationary period of sixty (60) consecutive days within this bargaining unit. (a) An employee, who, on the effective date of this Agreement, was in the employ of the Company within the bargaining unit at the said Location, shall, for the purposes of this Agreement, be credited with the seniority he possessed at such time. (b) Except as hereinafter and above provided, in calculating seniority for the purpose of this Agreement all periods of a person's employment with the Company at the said Location, whether within the bargaining unit or not, which employment was not interrupted otherwise than by a lay-off of less than twelve (12) months, shall be included. (c) Notwithstanding the provisions of clause 8.02 (b) above, a person who has been in the employ of the Company or its predecessor at any Works or location other than the said Location shall not be credited with seniority for such periods of employment unless an operation or operations of the Company should be transferred to the said Location from another location, in which case any person who was employed by the Company at the other location in such operation and who, as a result of such transfer, becomes an employee at the said Location shall, on becoming an employee, be credited with the seniority he possessed immediately prior to his transfer. (d) Seniority shall be defined lost upon termination of employment for any reason as the length of continuous service with the Employer within well as upon transfer to a position outside the bargaining unit. Notwithstanding the foregoing, inclusive and provided the period of training daysemployment outside the bargaining unit did not exceed twelve (12) months, from and was not interrupted by a lay-off of less than twelve (12) months, seniority would be restored upon re-entering the most recent date of hirebargaining unit. 20.02 8.03 Seniority shall continue govern in the case of employees who are equally qualified to accumulate during do the job on all paid and unpaid authorized leaves of absence, during all occasions when a lay-offsoff which the Company expects to remain in effect for more than one (1) week is necessary, or when a promotion or transfer to a classification listed in Schedule "F" occurs. If any such temporary lay-off should subsequently become permanent or exceed one (1) week in duration, the provisions of this clause 8.03 shall apply immediately but such application shall be without retroactive effects. The Company's judgement shall not be exercised arbitrarily or unreasonably and during all periods the Company agrees to advise the Union of sickness and/or injurythe reason for its decision on request. 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) When it is duly discharged by necessary to increase the Employer and working force the Company shall not hire a person not formerly employed if there is not reinstated through the grievance and arbitration procedure contained in the Agreement; b) voluntarily quits or resigns; c) has been available a former employee who was laid off continuously for a period of within the previous twelve (12) months or is called back who had acquired seniority status prior to work after a such lay-off and does who is suitably qualified to perform the work available. Seniority at the time of lay-off shall govern between such former employees who possess equivalent qualifications. (b) A former employee who has not return to work within seven filed his current address and telephone number with the Company shall be ineligible for re-employment under the provisions of clause 8.04 (7a). (c) calendar days of receiving a The Company will advise an eligible former employee by telephone or failing this by registered letter sent of the availability of a job opening. Should the former employee fail to their last known address; d) is absent from work without an approved leave of absence for more than reply within three (3) consecutive working days unless a satisfactory reason (excluding Saturdays, Sundays and those holidays described in clause 6.03 of this Agreement) from the date of mailing of such registered letter to the last forwarding address filed with the Company he shall be deemed ineligible for re-employment under the provisions of clause 8.04 (a). (d) A former employee who is given unable or unwilling to accept re-employment when required by the Company may be bypassed by the Company in favour of another qualified former employee in accordance with the provisions of clause 8.04 (a) or if no such as sickness;qualified former employee is available by other candidates for employment. (e) fails A former employee who is ineligible for re-employment under the provisions of clause 8.04 (b) or 8.04 (c) or who is unable or unwilling to return to work on accept employment under the completion provisions 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 clause 8.04 (d) shall be on removed from the basis list of qualifications, ability former employees eligible for re-employment 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 mannerreinstated on such list unless he specifically requests the Company to do so, by registered letter, within twelve (12) months from his last date of lay-off. (f) A former employee who is eligible for re-employment under the ability to satisfactorily be able to perform all aspects provisions of this Article 8 may present a grievance at Step 3 of the work requiredgrievance procedure and process the grievance in accordance with the grievance procedure set out in this Agreement if he believes the Company's action in not re-employing him was in contravention of this Agreement. Reverse order of seniority Should such grievance succeed and should the individual not be otherwise disqualified, he shall be re-instated and compensated at the governing factor in all matters regular basic rate of non-disciplinary demotion, layoff, the job to which he is reinstated for the time lost. (a) The Company agrees to post seniority lists showing the seniority status of each employee and reduction to part-time, providing furnish a copy of such lists to the more senior employee has, Union. (b) The Company agrees to alter the seniority lists from time to time and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the judgement seniority status of an employee without consultation with the Union. 8.06 The Company agrees that before permanently filling vacancies in jobs under preferred classifications listed in Schedule "F" it will post, on plant notice boards for five (5) working days, notices soliciting applications for such vacancies. 8.07 A Committee composed of one representative of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects Union and one representative of the work requiredCompany shall meet from time to time to discuss the filling of vacancies in jobs covered by clause 8.06 above and may make recommendations to the Company thereon. 8.08 In January of each year the Company will meet with the employees and discuss if any employees would like to change their job classification. If an employee makes such a request the Company will post the job and the most senior applicant will be awarded the position.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 A. Seniority 1. Seniority shall of employees will be defined as the based upon classification and length of continuous service with the Employer within the bargaining unit, inclusive City Colleges of training days, from the most recent date of hireChicago. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all 2. Conflicts in seniority between employees in a particular classification who have identical periods of sickness and/or injuryservice with the Colleges will be resolved in favor of those who have the greatest number of years of continuous service with the Colleges. 20.03 An 3. A Unit II employee who moves to a Unit I position shall cease retain her seniority. B. Reductions In Force 1. Reductions in force decisions. The Board shall determine which departments and classifications or titles within departments are to have seniority rights and their employment status with the Employer be reduced at a Board facility. Reductions in force shall be terminated conducted by College which shall include the College’s satellite facilities or campuses. 2. Selection of employees for all purposes if reductions in force. Employees in a classification within a College selected for reduction shall be laid off in the employeefollowing order: a) is duly discharged by a. Temporary employees; b. Probationary employees; c. Inverse order of seniority provided however, that the Employer and is not reinstated through the grievance and arbitration procedure contained Board may select an employee for layoff out of inverse order of seniority if that employee has received a disciplinary suspension in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously for a period of preceding twelve (12) months months. Where and to the extent feasible, part-time and/or hourly employees performing clerical, technical or is called back to work after a laynon-off and does not return to professional work within seven a College shall be reduced in force prior to the reduction in force of any full-time bargaining unit employee within said College. However, no part-time or hourly employee will be reduced in force in accordance with this provision if he or she is performing work that cannot be performed efficiently by a full-time existing bargaining unit employee working a full normal schedule at regular straight-time pay rates. 3. A competent, able and efficient employee not being laid off under paragraph 2 above but whose job is eliminated (7“displaced employee”) calendar days shall be placed within the same College (which shall include the College’s satellite facilities or campuses) in the following order of receiving a registered letter sent priority if and to their last known address;the extent feasible: d) a. Placed in an open position within the same classification. b. Placed in an open position for which the employee is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given qualified as determined 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 employeeemployer. 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.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Section 3.01 Seniority shall be is defined as the length of continuous service from the last date on which the employee entered the service of the Cooperative. Section 3.02 When making a reduction in the number of employees due to a lack of work and when recalling, the following procedure shall govern: a. Employees who have not established seniority with the Employer within Cooperative shall be laid off first. b. Thereafter, employees shall be laid off in each classification of work in the inverse order of their seniority. c. The foregoing provisions of (a) and (b) need not apply when the application thereof would result in the Cooperative being required to lay off employees possessed of skill essential to properly perform the work available at time of the layoff not possessed by employees having greater seniority. d. When recalling employees, those having the most seniority shall be the first among those to be recalled, if available, and physically able to return to work, providing they have the qualifications required. Section 3.03 An employee promoted or transferred to a status outside the bargaining unit shall be permitted to continue seniority for a period of three (3) months after leaving the bargaining unit, inclusive and shall be allowed to return to the position occupied prior to leaving the bargaining unit. If an employee is returned to the bargaining unit after the three-month period, the employee shall thereafter be permitted to use past seniority to bid on future vacant positions. Section 3.04 During the first twelve (12) months of training dayscontinuous service with the Cooperative, employees shall be considered to be temporary and probationary; such employees may be discharged or disciplined at the discretion of the Cooperative for any reason without recourse under the grievance-arbitration provisions or otherwise by the Union or the employee. After completion of such probationary period, seniority of such employees shall be deemed to have commenced from the most recent employee’s last 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. Section 3.05 Seniority shall be lost and the governing factor in relieving employment relationship and continuous service of an employee shall be considered terminated, and subsequent re- employment shall be deemed to be new employment 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 any 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.following events:

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority shall a) A casual is an individual who is not on the regular seniority list. A casual may be defined either a replacement casual or a supplemental ca- sual as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hirehereinafter provided. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layb) Any casual or non-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 owner-driver used by the Employer for seventy (70) eight (8) hour shifts within six (6) consecutive months shall be placed on a preferential hiring list for future regular employment, and shall be selected for regular employment in the order in which he/she was placed on the preferential hiring list, and he/she shall not be subject to any probationary period. His/Her se- niority date will be the date he/she is put on the seniority list. Fail- ure of the Employer to add casuals from the preferential hiring list in this order shall subject the Employer to a runaround claim. Casual employees on the preferential hiring list shall be offered available extra work in seniority order by classification as among themselves. The Employer shall contact the casual at his/her last known telephone number. In instances where the Employer is unable to reach the casual, the call shall be verified by a bargaining unit member, ▇▇▇▇▇▇▇ if available. If the casual is not reinstated through available at home, he/she shall be called at the grievance local Union Hiring Hall, if open, and arbitration such calls need not be verified. However, abuse of this procedure contained will be subject to the Grievance Procedure. Further, casuals on the prefer- ential hiring list shall have access to the Grievance Procedure in the Agreement; b) voluntarily quits event of disciplinary action. If the casual employee does not meet the Employer’s hiring standards and qualifications before being placed on the preferential hiring list or resigns;refuses to accept regular employment while on the preferential list, the casual and the Local Union shall be so notified in writing and his/her use as a casual will be discontinued. c) has been laid off continuously for a period of twelve When the Employer utilizes supplemental casuals, supplemental cartage drivers (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 excess of the Employer which shall not be exercised in an arbitrary number of absent employees) 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 partseniority owner-time, providing the drivers thirty (30) or more senior employee has, days 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.any three

Appears in 2 contracts

Sources: Master Freight Agreement, National Master Freight Agreement and Joint Council Supplemental Agreement

SENIORITY. 20.01 Seniority (i) The Employer shall maintain a seniority list for full-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be defined as the length of continuous service with provided by the Employer within to the bargaining unitUnion on or before March 31st of the following year. (ii) The Employer shall maintain separate seniority lists for Regular Part-time employees showing accumulated hours worked in their regular position. An On-call employee who successfully bids into a regular part-time position will accrue seniority on an hourly basis, inclusive for all regular hours worked in their regular part-time position. For the purposes of training daysbidding into a full-time position, from the most recent an employee will use his/her original date of hire. Seniority accrued while working in a regular part-time position will be credited once the employee has successfully bid into a full-time position. A full-time employee who successfully bids into a regular part-time position will maintain their existing seniority and build upon it for all regular hours worked in their regular part-time position. 20.02 Seniority (iii) It is understood that upon an employee‟s termination from employment, their name will be considered deleted from the seniority list. It is also understood that the criteria used in determining an employee's 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 injurynot be altered. 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 Leaves of absence for more than up to three (3) consecutive working days unless months, or leaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Clause 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Clause 12.01(b) shall be considered as an interruption of employment. It is agreed that such leaves of absence shall not cause a satisfactory reason is given by loss of seniority, excepting for that period lost during the employee such as sickness;actual leave of absence. (d) Employees who leave the bargaining unit for any length of time to fill any management position with the Employer, either permanently or temporarily, and then return to the Bargaining Unit shall retain their seniority excluding that period of service with management. (e) fails Full-time employees may apply to return to work on the completion an On-call position using their original Date of an authorized leave of absence unless a satisfactory reason is given by the employeeHire. 20.04 The selection (i) Such employees will retain any earned seniority, to be credited if that employee successfully returns to Full-time status. (ii) Such employees may bid on other On-call positions, Regular Part-time positions or Full- time positions using their original Date of employees for vacant or new positions shall be on the basis of qualifications, ability and seniorityHire. 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.Deleted Collective Agreement Language

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 23.01 Seniority shall be defined as the length of continuous service with the Employer Company within the bargaining unit. When employees are hired on the same day, inclusive seniority will be determined by shift start time, then alphabetically commencing on the first day of training days, from the most recent date of hireworking on production. 20.02 23.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offslayoffs, 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 23.03 Seniority shall be considered broken and services terminated for all purposes if the an employee: (a) is duly discharged by the Employer Company and is not reinstated through the grievance Grievance and arbitration procedure contained in the Arbitration Procedure of this Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve eighteen (1218) months or is called back to work after a lay-off layoff and does not return to work within seven fourteen (714) calendar days of receiving a registered letter sent to their his or her last known address; (d) is absent from work without an approved a written leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such as sicknessemployee. Sickness or inability to communicate with the Company shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence absence, unless a satisfactory reason is given by the employeegiven. 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. 23.04 Seniority shall be the governing factor in matters of promotion, awarding of a new position or vacant position, and relieving an another employee in a higher or equally 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, has the ability to satisfactorily be able to perform all aspects do the normal requirements of the work requiredjob as determined by the Company. Reverse order of seniority The Company in determining ability agrees to be fair and reasonable. 1. Select Positions include the following job classifications: a. Line Lead b. Shipper c. Robotic Operators When the Company creates a new position, the Company will meet and confer in good faith with the Union as to whether the position will be considered a Select Position or a Bid Position. A Select Position will be required to be materially different from all current bid positions and shall be the governing factor in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the include one or more senior employee has, in the judgement of the Employer which shall following elements: technical proficiency, specialized certifications or other special skills or unique abilities. Should the parties not come to an agreement the matter will be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects heard by one of the work required.listed Arbitrators in Article 31.01

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall 11.01 The Company recognizes seniority rights within each department for employees provided for in this Agreement. New employees will be defined as considered probationary employees for the length of continuous service with the Employer within the bargaining unit, inclusive of training first ninety (90) calendar 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 the probationary period will be entitled to no seniority and may be dismissed or laid off at the discretion of sickness and/or injurythe Company. Such dismissal shall be deemed as just cause. Upon completion of the probationary period, the employee’s name will be entered on the seniority list with the seniority dated from the date last hired. 20.03 11.02 The Company shall maintain separate up-to-date seniority lists for full-time and part-time employees. Such lists shall show employee’s name, seniority date and classification. Copies of such lists shall be posted and shall be supplied to the Union semi-annually. 11.03 Layoffs and recalls from layoff shall be based upon the following factors: a. Department seniority; b. Bargaining unit employees on layoff shall not be replaced by a member of management. Vacant bargaining unit positions shall not be filled by management except in the cases of emergency. 11.04 An employee shall cease lose all seniority and her employment deemed to have seniority rights and their employment status with the Employer shall be been terminated for all purposes if the employeeshe: a) a. voluntarily leaves the employment of the Company; b. is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the AgreementGrievance/Arbitration Procedure; b) voluntarily quits or resigns; c) has been c. is laid off continuously for a period equal to the lesser of her period of seniority or 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 addressmonths; 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) d. fails to return to work on the completion upon termination of an authorized leave of absence unless prior arrangements, in writing, acceptable to both the employee and the Company have been made for an extension of such leave or utilizes a satisfactory reason is given leave of absence for purposes other than those for which the leave of absence was granted; e. fails to return to work within five (5) calendar days after being recalled from layoff by the employeenotice sent by registered mail, or fails to advise of her intention to return within three (3) calendar days following such notice. 20.04 The selection 11.05 In the event of an indefinite layoff all rules of the ESA will be adhered to. A regular full-time employee: a. shall have the right to displace a regular part-time employee within her department; b. full-time employees for vacant or new positions wishing to displace a regular part-time employee as in (a) above, shall be on credited with any prior part-time department seniority. 11.06 A part-time employee who is reclassified to a full-time classification within 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 bargaining unit shall not be exercised in an arbitrary or discriminatory manner, the ability required to satisfactorily be able serve a further probationary period. 11.07 An employee who is unable to perform all aspects of her regular duties due to illness or accident shall be offered work in alternate classification provided: a. such is available; b. the employee in question is able and willing to perform such work; c. when requested, such employee obtains a certificate from a licensed medical practitioner confirming: i. inability to perform normal work; and, ii. approval to work required. Reverse order in such alternate classification. 11.08 An employee who is promoted to a position outside the bargaining unit shall have the right to return to her former classification without loss of seniority shall be at any time during the governing factor in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior three (3) month period following such promotion. Thereby displacing an 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 requiredwith less seniority.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as the length of continuous service employment with the Employer Company within the bargaining unit. Temporary absence from work, inclusive of training daysas set forth in this Agreement, from the most recent date of hireshall not break seniority. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, during all lay-offs, and during all periods of sickness and/or injuryas the case may be. 20.03 An Seniority rights of an employee shall cease to have seniority rights and their employment status with the Employer shall may be terminated for all purposes if any of the employeefollowing reasons: (a) if an employee voluntarily leaves the employ of the Company; (b) if an employee is duly discharged by for just and sufficient cause and the Employer and employee is not reinstated through use of the grievance and arbitration procedure contained in the AgreementGrievance Procedure; b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve (12) months or is called back if an employee fails to return to work after a lay-off and does not return to work layoff within seven (7) calendar days of receiving a after notice to return to work has been forwarded by registered letter sent mail to their last known addressaddress on file with the Company, unless a satisfactory reason is given by the employee. Substantiated illness, injury, or situations where notice to terminate employment with another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) is absent from if an employee fails to return to work without after the completion of an approved authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such employee. Substantiated illness or injury shall be considered 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 employeereason. 20.04 The selection awarding of employees for vacant promotions, vacancies, or new positions relieving in a higher rated classification shall be done on the basis of qualifications, ability and seniority. Where qualifications seniority providing the senior applicant possesses the skill and ability are relatively equal, seniority to perform the normal requirements of the job. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the determining factorjob experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. In the event of a promotion, the employee will be on a trial period for ninety (90) working days during which time he or she may elect to return to his or her former job, or the Company may return the employee to his or her former job for just cause. 20.05 Seniority shall be the governing factor in relieving an employee in a higher paying classification, leave requests, scheduling daily hours all cases of work and recall after layoff, layoff providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, involved has the ability to satisfactorily be able to perform all aspects do the normal requirements of the job. Under this definition, the last employee hired shall be the first to be laid off. In the event of layoff, an employee having more seniority than another employee and claiming the other employee's job shall be given a sixteen (16) hour trial period on said job. Any temporary employee who at the time of layoff either does or does not exercise their rights under this paragraph, shall nevertheless only be recalled to work required. Reverse order of seniority in their former classification from which they were initially laid off, or their Plant Help "A" or "B" classification, whichever occurs first. 20.06 Seniority shall be the governing factor in all matters cases of non-disciplinary demotion, layoff, and reduction recall to part-time, work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the employee on layoff who has the most seniority shall be the first to be recalled to work. 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a temporary employee equalling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more senior employee hasof a particular calendar year, in which case the judgement employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the Employer which employee's original date of hire. 20.10 Any employee promoted to a position outside the bargaining unit shall be on a trial period for a period of six (6) calendar months. If the employee is not successful in their new position, or decides to return within the bargaining unit, same will be allowed within the six (6) month period. The employee shall then return to the bargaining unit without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (▇▇▇▇▇▇▇ ▇▇▇▇▇▇). 20.11 Employees who have been awarded a position as a result of a job posting will only be able to retain one (1) "bid-in" classification at any given time. In the event of insufficient work in the classification the employee is currently in, the employee will revert to either Plant Help "A" or "B" only. From Plant Help "A" or "B", they will then be able to rebid on any new bid-in classification that becomes available in the future. The exception to this rule where an employee may bid in or bump into additional classifications will be in the event of layoffs. An exception to the rule will also be when relieving Production Supervisors. 20.12 When a position or positions in a classification is to open to bid, the Company agrees only to fill the positions open for bidding as per the Agreement. If employees who have applied for the job do not get the job they shall not be exercised entitled to bump another employee with less seniority in an arbitrary or discriminatory mannerpositions already occupied, which were not open for bidding, except in the ability to satisfactorily be able to perform all aspects event of the work requiredlayoffs.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall A. New employees will be defined considered as probationary employees until they have been employed continuously for sixty (60) days of actual work. After completion of the length sixty (60) days of continuous service with actual work, the Employer within the bargaining unitemployee will be considered as a regular employee, inclusive and his seniority will start as of training days, from the most recent date of hire. 20.02 B. Probationary employees shall not have recourse to the provisions of Article VI, Grievance Procedure, in the event they are laid off or discharged. C. When an employee acquires seniority, his name shall be placed on the seniority lists. Up-to- date seniority lists shall be made available to all employees for their inspection by posting where practical or by a satisfactory equivalent method. D. Seniority of an employee shall continue while he is absent due to an injury covered by Worker’s Compensation Insurance, not to exceed two (2) years. E. The parties agree to abide by applicable laws concerning military leave. F. An employee who is promoted to a position outside the bargaining unit shall continue to accumulate during all paid seniority for a period of one (1) year after promotion. Thereafter, he shall retain but not accumulate seniority. During the first year he shall, if returned to the bargaining unit, return to his former classification. If he returns to the bargaining unit after one (1) year, he shall return to the lowest classification in the department and unpaid authorized leaves shall be restricted from exercising his seniority on other job openings or promotions for a period of absence, during all lay-offs, and during all periods of sickness and/or injurysix (6) months. 20.03 An G. Seniority shall not accumulate for an employee shall cease to have seniority rights and their employment status with the Employer on an unpaid leave of absence that exceeds sixty (60) days. H. Seniority shall be terminated for all purposes if the employeefollowing reasons: a) 1. The employee quits. 2. The employee is duly discharged by the Employer and discharged. 3. The employee 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 continuous period equal to the seniority he had acquired at the time of twelve such layoff, or two (122) months years, whichever comes first. 4. The employee retires or is called back to retired from the school district. I. All employees who work after six (6) hours or more per day on a layregular schedule shall be considered as full time employees. All employees working less than six (6) hours per day on a regular schedule but three (3) or more hours per day on a regular schedule shall be considered as part-off and does not return to time employees. J. Employees who 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 less than three (3) consecutive working days unless hours per day on 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 regularly scheduled 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, considered members of this bargaining unit and shall not accumulate seniority with the ability to satisfactorily be able to perform all aspects of the school district. K. Probationary employees and employees who 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 less than three (3) hours per day on a regularly scheduled basis shall not be exercised in an arbitrary or discriminatory manner, entitled to fringe benefits under the ability to satisfactorily be able to perform all aspects terms of the work requiredthis Agreement.

Appears in 2 contracts

Sources: Master Contract, Master Contract

SENIORITY. 20.01 Seniority shall 10.01 Plant-wide seniority will be defined as recognized and will be based on the length of continuous service with the Employer within Company subject to the bargaining unit, inclusive provisions hereinafter set forth. 10.02 In determining length of training days, service for the purpose of seniority. Company-approved absence from the most recent date Company service for less than a year shall be disregarded; absence in excess of hireone (1) year shall be deducted from the length of continuous service with the Company. Absence for more than two (2) years shall forfeit all seniority previously established. 20.02 Seniority 10.03 The only exception to this method of determining length of service shall continue to accumulate during all paid and unpaid authorized leaves be leave of absence, during all lay-offs, and during all periods absence in writing granted by an Official of sickness and/or injurythe Company or illness attested by a physician’s certificate giving an updated prognosis every six (6) months or sooner (if required) after two (2) years of absence or the employee will be removed from the seniority list. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer 10.04 Seniority as defined in paragraph two (2) above shall be terminated broken for all purposes if the employeefollowing reasons: (a) If the employee quits or resigns (b) If the employee is duly discharged by and the Employer and discharge is not reinstated reversed through the grievance and arbitration procedure contained in the Agreement;machinery procedure. 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) If any employee is absent from work without an approved leave of absence for more than three (3) consecutive normal working days without notice, it shall be considered the employee has quit unless the employee can provide an excuse acceptable to the Company. (d) If an employee is laid off, he/she shall retain his/her full right to recall for a satisfactory reason period of time equivalent to his/her attained seniority up to a maximum of two (2) years from the date of lay-off, at which time he/she will cease to have any seniority rights or any rights under this Collective Agreement. 10.05 The Company agrees to revise and post the Seniority and Service lists each month on the bulletin board. If a clerical error occurs, and is given not brought to the Company’s attention, the Company shall not be held liable for action taken in the use of the list, until such time as the error has been brought to their attention by the Union or 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 employeeaffected. 20.04 The selection (a) In the event of employees for vacant a lay-off or new positions shall be on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equalrecall from lay-off, 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, applied 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 employees affected are qualified to perform all aspects of the work required. Reverse order An employee is qualified to perform the work required if that employee has successfully completed the training program provided by the Employer and required for the particular job within a job level. It is recognized that the Company may direct employees to any available job. In the event of a permanent lay-off, laid off employees will be permitted to qualify for work according to their seniority. (b) Employees moving to a lower Job Level will be paid at the Job rate in the lower Job Level to which they may apply their total seniority with the Company. (c) Employees moving to a higher-rated Job Level will be paid at the wage rate in that Job Level and shall be based on the governing factor in employees’ total number of days worked at 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 requiredjob levels.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority Section 1. Strict seniority shall prevail in the layoff, recall, and earning opportunities of employees, provided that skill, ability, and experience in performing scheduled work are relatively equal. In reducing the work force because of lack of work or other legitimate cause, the last employee hired shall be defined as the length first employee laid off and the last employee laid off shall be the first employee rehired, subject to the conditions noted above. When needed, the Transportation Supervisor may select a driver(s) to provide new driver training with due consideration being given to seniority in this selection. Posting of continuous service with this position shall not be required. However, the Employer within ▇▇▇▇▇▇▇ shall be notified of the position opening and person selected. If the Transportation Supervisor desires to train new drivers, the individual shall have that right without selecting from the bargaining unit, inclusive of training days, from the most recent date of hire. 20.02 Seniority Section 2. The Board shall continue provide a list of the employees arranged in order of their seniority. Such list shall be revised as changes occur and shall be made available to accumulate during all paid the Association and unpaid authorized leaves individual employees. Within ten (10) days of absenceproviding the seniority list, during all lay-offsany objection to the list shall be filed with the Director of Transportation. If no objections are filed, the list shall be final and during all periods of sickness and/or injuryconclusive. 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 (Section 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 broken only by discharge or resignation. Leaves of absence may affect seniority as hereinafter provided. Section 4. In the governing factor event of layoff, the employee so laid off shall be given two (2) weeks’ notice of recall by certified mail to the individual’s last known address. In the event the employee fails to make oneself available for work at the end of the said two (2) weeks, the individual shall lose all seniority rights under this Agreement. In the event of layoff, an employee’s seniority will freeze at the level when the layoff occurs. Section 5. Stewards shall be granted super seniority for purpose of layoff and rehire only. Alternate stewards shall not have super seniority. Section 6. Any employee who is or has been promoted or transferred to a non-unit position shall not accumulate seniority while working in relieving an the non-unit position. If the employee is returned to a bargaining unit classification, the individual shall commence work in a higher paying classification, leave requests, scheduling daily hours job generally similar to the one held at the time of work promotion or transfer and recall after layoff, providing the more senior employee has, in shall maintain the judgment seniority rank held at the time of promotion or transfer out of the Employer which shall not be exercised in an arbitrary unit. Section 7. In the event that two or discriminatory manner, more drivers are hired on the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of same date their seniority ranking shall be determined by drawing straws. The drawing of straws shall be conducted by the governing factor in all matters of non-disciplinary demotionAssociation. Once the ranking is determined, layoff, and reduction to part-time, providing there shall be no changes on 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 requiredlist thereafter.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 10.01 Seniority will be calculated based on the actual hours of work. There will be separate seniority lists for full-time and part-time employees. The seniority lists across all three (3) sites shall be integrated for the purposes of job posting, lay- off and recall only. Seniority lists will be posted as at the end of the last pay period in June and December of each year and copies will be forwarded to the Union. 10.02 Every employee shall be subject to a probationary period of four (4) full calendar months of continuous employment commencing on the date of her employment during such period. With written consent of the Employer and the Union the probationary period may be extended for one (1) additional month. 10.03 Seniority shall be defined as retained and accumulated under the length following circumstances: (a) Actively at work; (b) When on unpaid sick leave; (c) When on a leave of continuous service absence with pay; (d) When on an approved leave of absence without pay, not exceeding thirty-five (35) weeks; (e) When in receipt of paid sick leave, LTD or E.I. sick benefits; (f) When in receipt of Workplace Safety and Insurance Board benefits for an injury sustained while in the Employer within employ of the bargaining unit, inclusive of training days, from the most recent date of hireEmployer; (g) When on pregnancy and/or parental leave. 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 10.04 An employee shall cease to have lose all seniority rights and their employment status with the Employer shall be deemed terminated for all purposes if the employeeif: (a) She voluntarily quits the employ of the Employer; (b) She is duly discharged by the Employer and such discharge is not reinstated through set aside under the grievance and arbitration procedure contained in the AgreementGrievance Procedure herein; 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) She is absent from work without permission for three (3) full working days, unless such absence was caused by physical disability or other circumstances beyond the control of such employee as a result of which she was unable to advise the Employer of the reason for her absence; (d) She fails to report for work upon the expiration of a leave of absence, vacation or suspension without reasonable cause; (e) She utilizes a leave of absence for a purpose(s) other than that for which it was granted; (f) She fails, upon being notified of a recall, to signify her intention of returning to work within three (3) calendar days of the notice of recall posted by registered mail to the last known address on file with the Employer and fails to report to work within five (5) calendar days after she has received the notice of recall or such further period of time as may be agreed upon the parties; (g) She retires; (h) After twenty-four (24) months of layoff, she has not been recalled; 10.05 Seniority shall be retained but not accumulated when an Employee is absent from work under the following conditions: (a) When on an approved leave of absence for more than three without pay exceeding thirty-five (335) consecutive working days unless a satisfactory reason is given by the employee such as sicknessweeks; e(b) fails For a period of lay-off up to return to work on two (2) years after the completion layoff commenced; (c) When in receipt of an authorized leave of absence unless a satisfactory reason is given by the employeeWorkplace Safety and Insurance Board benefits under circumstances other than those mentioned in Article 10.03(f). 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as ‌ 12:01 The Employer agrees to observe the length seniority of continuous service the employees in connection with the Employer within the bargaining unitpromotions, inclusive of training daysdemotions, 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 recalls insofar as it is practicable to do so, providing other qualifications are relatively equal. Promotions to supervisory positions outside of the bargaining unit shall not be subject to the provisions of this Agreement. When an employee is laid off, they shall have the option of displacing the least senior employee in the same classification or the least senior employee in a lower classification affected by the layoff, providing they are qualified to perform the work of that classification and has more seniority in terms of service than the employee to be displaced. The intention to exercise this right must be declared within ten (10) days of notification of lay-off by the Employer. It is understood that when an employee exercises this option, they shall be paid the rate for the lower classification. Accumulation of Seniority‌ 12:02 Seniority shall accumulate in the following circumstances: (a) when actually at work; (b) when absent on vacation or holidays; (c) to the extent the employee is covered by the sick leave provisions of the Collective Agreement; (d) during all periods the first one-hundred and twenty (120) days of sickness and/or injury.a leave of absence; and 20.03 (e) while on pregnancy/parental leave. Loss of Seniority‌ 12:03 An employee shall cease to have lose seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeethey: (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 resignsthe employ of the University; (b) is dismissed with just cause; (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 sicknessone year; e(d) fails to return to work on within ten (10) days following the completion termination of an authorized leave of absence unless without a reason satisfactory reason to the Employer; (e) following a lay-off, fails to advise the Employer within five (5) working days of receipt of notice to return to work, of their intention to return to work or fails to report for work on the date and at the time specified in the said notice. Seniority List‌ 12:04 A current seniority list will be prepared and provided to the Local President quarterly each year during the term of this Agreement. The Union will have thirty (30) days to inform the Employer of any errors and/or omission to the list to be adjusted if established to be inaccurate. Notice of Lay-Off‌ 12:05 The Employer shall notify employees who are to be permanently laid off in accordance with the following schedule: Upon completion of the probationary period, but with less than one (1) year of service – one (1) week One (1) year of service, less than three (3) years – two (2) weeks Three (3) years of service or more – one (1) week for each year of service to maximum of eight (8) weeks If the employee to be laid off has not been given the opportunity to work the amount of time specified in the above schedule, they shall be paid in lieu of that part of the notice required in the schedule during which work was not available. One week’s pay is given by equal to the amount an employee would have received at their regular rate of pay for non-overtime work week. Change of Address‌ 12:06 It shall be the duty of each employee to notify and keep the Employer informed promptly of any change of address, telephone number, and e-mail. If any employee should fail to do so, the Employer will not be responsible for failure of such notice to reach 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.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority Section 1 The principle of seniority in a classification shall govern layoffs and recalls. Consideration shall be defined as given to retain sufficient Employees in each job classification to suit the length nature of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hire. 20.02 Seniority work remaining. A new Employee shall continue not be entitled 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 seniority until they 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 employed continuously for a period of twelve sixty (1260) months or is called calendar days, and then their seniority shall date back to work after a lay-the time of their hiring. Section 2 Employees laid off and shall retain their seniority accumulated to time of layoffs, providing the layoff does not exceed one month for each year of employment after which the Employee will lose all seniority rights. A laid off Employee must make arrangements with the Employer to return to work within seven five (75) calendar days after receiving a notice of recall, in order to preserve their seniority. Section 3 A separate seniority list shall be kept for each category as per the classification listings. In the case of layoffs, each classification list shall be considered a separate unit. The Employer will supply classification/seniority lists. Section 4 Layoffs must comply with the Employment Standards Code. Section 5 An Employees seniority shall be maintained for a maximum of one (1) year for their absence as a result of sickness covered by a medical certificate, or an accident recognized by the Workers' Compensation Board. Section 6 Should an Employee solicit work in Field Construction or Maintenance, the Employee shall lose seniority rights after sixty (60) days of receiving a registered letter sent continuous Field work. If the Employer solicits the Employee to go to the Field on New Construction or Maintenance, their last known address;seniority shall continue in the Shop. dSection 7 Accumulated seniority shall be lost to any Employee if: a) is absent from They are discharged for just cause. b) They voluntarily quit. c) They fail to report to work without and return following the conclusion of an approved leave of absence for more than three (3) consecutive working days or vacation, unless a satisfactory bona fide 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 employeeprovided. 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority A. New employees hired, other than substitutes, part-time and temporary help shall be considered as probationary employees for a full school year. There shall be no seniority among probationary employees. When a full-time, permanent, probationary employee finishes the probationary period, he/she shall be entered on the seniority list and shall be ranked. Full time shall be defined as the length of continuous service drivers with regular runs that exceed 20 hours per week. B. Seniority shall be in accordance with the Employer within the bargaining unit, inclusive of training days, from the most recent date employee's last day of hire. 20.02 Seniority C. Employees moving from one collective bargaining unit to another 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 not retain or transfer accumulated seniority accrued in any other collective bargaining unit except as follows: An employee shall cease to have seniority rights and their employment status with may transfer outside of 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 bargaining unit for a period of twelve sixty (1260) months or is called back to work after a lay-off and does working days without losing previously acquired seniority, however, he/she shall not return to work within seven (7) calendar days accumulate seniority outside of receiving a registered letter sent to their last known address;the bargaining unit. d) is absent from work without an approved leave of absence for D. When more than three (one employee is hired on the same day, seniority will be determined by alphabetical sequence of last names. ▇. The Director of transportation will provide the Association, upon request, with a seniority list on August 15. F. An employee will lose his seniority and terminate his employment with the Board for the following reasons: 1. Employee quits or retires. 2. Employee is discharged and the discharge is not reversed. 3) consecutive working days unless a satisfactory reason is given by . If the employee such as sickness; e) fails to return to work on when recalled from layoff. 4. If the completion employee overstays by one (1) day of an authorized leave of absence granted for any reason, as hereinafter provided, unless a satisfactory reason is given by the employeean extension has been granted, he shall lose his seniority. 20.04 The selection 5. If the employee gives a false reason for a leave of employees absence. ▇. ▇▇ employee who is hired for vacant only a limited period of time to substitute for one or new positions more permanent, full-time employee, or permanent, part-time employee during their absence, because of illness or while on leave or vacation, or for a job which is of limited duration, and who is so informed at the time he is hired, shall be on considered a temporary employee. He shall not acquire seniority by virtue of such temporary employment. H. An employee who has an approved health leave or is disabled and unable to perform their work, will continue to accumulate seniority during this period of time for up to one (1) year from the basis last day worked. I. An employee who receives an extension of qualificationshealth or hardship leave or is disabled and unable to perform their work in excess of one (1) year from the last day worked, ability and seniority. Where qualifications and ability are relatively equal, will not accumulate seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee in a higher paying classification, but will retain his seniority up to one (1) additional year. J. A leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer which absence shall not be exercised in given to an arbitrary or discriminatory manner, employee to seek employment outside 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 requiredschool district.

Appears in 2 contracts

Sources: Transportation Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 10.01 All employees will be considered on probation and will not be subject to the seniority provision of this Agreement nor shall their names be placed on a Seniority List until after they have completed thirty (30) days worked with the Company. Upon completion of such probationary period, the employee’s name shall be defined as placed on the length of continuous service appropriate seniority list with the Employer within the bargaining unit, inclusive of training days, seniority dating from the most recent date time the employee was last placed on the active payroll of hirethe Company. 20.02 10.02 The Company shall maintain up-to-date Seniority Lists showing the date upon which each employee commenced employment and his classification. The Company shall continue update Seniority Lists quarterly (January, April, July and October) and forward copies to accumulate during all paid the Unit Chairperson and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injurythe local Union office. 20.03 10.03 An employee shall cease lose all seniority and shall be deemed to have seniority rights and their employment status with the Employer shall be terminated for all purposes quit if the employee: (a) voluntarily leaves the employ of the Company; (b) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the AgreementGrievance or Arbitration procedure; b) voluntarily quits or resigns; (c) has been is laid off continuously for a period of twelve more than: (12i) 6 months or is called back to work after a layif service less than 1 year (ii) 12 months if service 1-off and does not return to work within seven 2 years (7iii) calendar days of receiving a registered letter sent to their last known address;24 months if service more than 2 years (d) is Is absent from form work without an approved leave of absence permission for more than three two (32) consecutive working days unless a an explanation satisfactory reason to the Company is given by the employee such as sicknessemployee; (e) fails Fails to return to work on the completion upon termination of an authorized leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence may be granted; (f) Fails to return to work within five (5) calendar days after being recalled for extended layoff by notice sent by registered mail unless a an explanation satisfactory reason to the Company is given by the employee. 20.04 The selection of employees for vacant or new positions shall be on 10.04 If 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 Company plans to reduce hours of work instead of a lay-off and recall after layoffprior to said reduction, providing the Company agrees to meet with the Union’s Area Representative and with no more senior employee has, in the judgment than a majority of the Employer which shall not be exercised Union Committee involved in an arbitrary or discriminatory mannerorder to discuss the reduction of hours. Both parties agree that whenever practical, given the ability Company’s operating requirement, a lay-off is preferable to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor a reduction 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 requiredhours.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section 1. The Employer shall use the factors of experience, qualifications, capabilities and seniority in awarding promotions to employees when filling newly created or vacated positions. Where two or more candidates for a position are determined to be equivalent in experience, qualifications and capabilities, then the more senior shall be appointed. It is the intention of the parties to this Agreement that preference in promotions shall be granted to persons already employed. Section 2. Lay-offs caused by reduction in force shall be in order of seniority; that is, the employee last hired shall be the first released except when there is no available qualified personnel left to carry out the work in a class, in which case management can retain a qualified person with less seniority. Employees who are scheduled to be released shall be given at least 10 working days’ notice. All recalls to employment shall likewise be in order of seniority; that is, the last employee released as a result of reduction in force shall be the first rehired when the Employer needs additional employees. The Employer shall notify such employees to return to work and furnish the Federation a copy of such notification; and if the employee fails to notify the Employer in writing within 5 calendar days of his/her intention to return to work, such employee shall be considered as having forfeited his/her right to re-employment. Section 3. Seniority shall be defined as computed from the length of continuous date the employee began regular uninterrupted service with the Employer within the bargaining unit. Section 4. Employees whose seniority dates are the same shall have their respective seniority rank determined alphabetically by last name, inclusive of training daysfirst name, from and then middle initial. Section 5. Within 30 calendar days after the most recent date of hire. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absencesigning this Agreement, 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 prepare and furnish to the Federation sufficient copies of a seniority roster of all employees hereunder, so that the Federation may distribute them to its members. A. Such roster shall at least include: numerical seniority rank assigned; name of each employee, and seniority date. B. Such roster shall be terminated for all purposes revised every six months if the employee:necessary. a) is duly discharged by the Employer and is not reinstated C. Employees may protest their seniority designation through the usual grievance and arbitration procedure contained in the Agreement; b) voluntarily quits or resigns; c) if they have cause to believe an error 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 employeemade. 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 factorSection 6. Seniority shall be the governing factor in relieving an employee in a higher paying classificationbroken by discharge for cause or voluntary termination, lay- off which exceeds six calendar months, or leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer without pay 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 requiredexceeds six calendar months.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Section (a) Where merit and ability are approxi­ mately equal, seniority shall be recognized and Journey­ men promoted, provided they meet qualifications fitting them for such positions. The Employer hereby agrees that when promotions are in order or higher rated jobs come open, those already employed by said Employer shall be given preference and a fair trial period shall be given without jeopardizing the Employee’s former rating. Section (b) There shall be a thirty (30) day pro­ bationary period for all new Employees, during which time they may be discharged for any reason. Following com­ pletion of such period the Employee shall become a regular Employee for all purposes under this Agreement and his seniority shall date from the first day of em­ ployment. Seniority shall be defined applicable among probationary Employees as the length of a group. Section (c) Seniority shall be classification. Section (d) Seniority shall be based upon continuous service with the Employer within the bargaining unit, inclusive but no Employee shall suffer loss 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 employeeunless he: a) is duly 1. Is discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementfor cause; b) 2. Resigns or voluntarily quits or resignsquits; c3. Is absent from work for six (6) has been laid off continuously consecutive months due to layoff; 4. Is absent from work for a period of twelve (12) consecutive months due to injury 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 addressillness; d) is 5. Is absent from work without an approved for nine (9) consecutive months due to pregnancy; or 6. Is absent from work for more than thirty (30) days due to death in the immediate family, as provided in Article X I F. When personal leaves are granted by the Employer, the Employee shall be given written notice thereof specifying the extent of such leave. A thirty (30) day leave of absence without pay shall be allowed where necessary in order to care for more than necessary details resulting from the death of a member of his immediate family as defined in Article X I F. Section ( a ): provide further that all leave of absen­ ces granted in this Agreement shall be considered as part of the continuous service with the Employer. Section (e) In the reduction of the number of Em­ ployees due to lack of work, the last Employee hired in the classification shall be the first to be laid off and, in rehiring, the last Employee laid off in the classification shall be the first rehired until the list of Employees previously laid off has been exhausted. Employees who are laid off due to lack of work shall have seniority rights in rehiring for extra and/or steady jobs subsequently available with the Employer prior to the hiring of new Employees. Such Employee shall be notified by telephone, or if not reached by telephone, then by telegram or certified mail, a copy of which shall be sent to the Union. Section (f) The selection of vacations shall be on a market basis except: 1. The vacation of an Employee shall not be changed if it was scheduled prior to his transfer from one market to another; 2. If an Employee does not have a scheduled vacation at the time of such transfer, the scheduling of his vacation shall be based solely upon his seniority status in the market to which he is transferred. Section (g) With respect to layoffs, rehires and pro­ motions, seniority shall be based upon the length of service with the Employer in the area covered by this Agreement; provided, where an Employee is transferred by the Employer to such area from another area, the transferred Employee shall retain all seniority rights with the Employer but shall not be entitled to exercise such rights with respect to layoff, rehire or promotion until the expiration of six (6) months after the date of trans­ fer, at which time his seniority shall be based upon the first day of employment by the Employer, regardless of area. However, during such period of six (6) months the transferred Employee shall accrue seniority rights in the new area from the date of transfer and shall retain all seniority rights with respect to layoff, rehire and promotion in the area from which he was transferred. Section (h) When an Employee is recalled after layoff, he shall have three (3) consecutive working days unless a satisfactory reason is given by to report after receipt of notice of such recall. Section (i) Employees assigned to regular relief work may, after six (6) months on such work, request the employee such as sickness; e) fails Employer in writing to return be assigned to work on the completion in one store. The rescheduling of an authorized leave such relief work shall be done within thirty (30) days and be based upon inverse seniority. This provision shall not apply to temporary relief work required as a result of absence unless a satisfactory reason is given by the employeeillness, injury, ▇▇▇▇­ tion or other Uke temporary relief work. 20.04 The selection Section (j) In the scheduling of employees for vacant or new positions a predetermined short work week as provided in Article III, Section (a), of this Agreement, the assignments shall be made on the basis of qualificationsseniority within the appropriate super­ visorial district in the area covered by this Agreement. Section (k) Upon request by the Union, ability and senioritythe Em­ ployer agrees to provide a seniority list of his Employees, provided such request is not made more than once in each twelve months. Section (1) The Union will cooperate with the Em­ ployer in the scheduling of Employees for temporary part time or relief work outside the geographical jurisdic­ tion of this Agreement. Where qualifications and ability are relatively equalHowever, seniority no Employee 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 discriminated against for refusal 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 requiredaccept such assignment.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Retail Meat Market Agreement

SENIORITY. 20.01 Seniority (a) Every new employee shall be defined classified as a temporary employee. (b) When a period of sixty (60) worked-days has elapsed since the length date of employment, he/she shall then be classified as a regular employee with full rights. (c) For a regular employee, seniority shall be his/her continuous service with from the Employer date of employment within the bargaining unit, inclusive of training days, from the most recent date of hire. 20.02 (d) Seniority shall continue be broken by voluntary quitting or discharge but not by any layoff due to accumulate during all lack of work which lasts less than twelve (12) months. After twelve (12) months layoff, an employee loses his/her seniority and will be terminated. Benefits will be 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 only 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 until the employee has obtained coverage elsewhere, whichever comes first. (e) Seniority shall not be broken by any approved absence as in Article 34. (f) Employees covered by this Agreement who have been transferred or promoted to work after a lay-off positions outside the present bargaining unit and does not subsequently return to work positions within seven the certified bargaining unit within four (74) calendar days months shall retain the seniority they had at the time of receiving transfer from the bargaining unit providing that a registered letter sent to their last known address;vacancy is available. d(g) It is absent from work without an approved leave agreed and accepted that with the approval of absence the Shift Manager, the senior man will be given preference of day shift (one shift operation) when available, as long as the Company's operations do not suffer because of this arrangement. (h) Students hired and who are retained after Labour Day of the then current year shall be declared regular employees with full seniority rights, provided they have been employed for more than a continuous period of three (3) consecutive working days unless months. In cases where such an employee is retained after Labour Day of the then current year, but has not been employed for a satisfactory reason is given by the continuous period of three (3) months, he/she shall be declared a regular employee such as sickness; e) fails to return to work on the completion date that he/she completed a continuous period of an authorized leave of absence unless a satisfactory reason three (3) months employment. It is given by agreed that Students can work during the employeesummer plant shutdown but not on production equipment. 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.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 22.01 Seniority shall be defined as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, unit from the most recent date of hire. 20.02 22.02 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 22.03 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 sicknessemployee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; e(d) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 20.04 The selection of employees for vacant or new 22.04 Vacancies in positions which involve a promotion to a higher classification shall be posted for at least seven (7) days and interested applicants shall apply in writing. The position will be awarded to the best applicant, based on the basis of qualificationsskills, ability abilities, reliability and seniority. Where qualifications and ability availability, provided that if applicants are relatively equal, the applicant with more seniority shall will be awarded the determining factorposition. Seniority shall The successful applicant will be the governing factor in relieving an employee in subject to 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 three (3) month trial period during which shall he/she may be returned to his/her former position if not be exercised in an arbitrary acceptable or discriminatory manner, the ability he/she may choose to satisfactorily be able voluntarily return to perform all aspects of the work requiredtheir former position. Reverse order of seniority shall be the governing factor in all matters for the reduction of non-disciplinary demotion, layoff, and reduction to part-timethe workforce, providing the more senior employee has, in has the judgement of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the skill and ability to satisfactorily be able to perform all aspects the normal functions of the job. 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall continue to accumulate seniority for a period of six (6) calendar months. Said employees shall be entitled to return to the bargaining unit and their former job at any time during the six (6) month period if they so choose. 22.06 After the scheduling of special roles, daily available Ad Cast hours of work requiredshall be scheduled to the most senior Ad-Cast employee first and thereafter in decreasing order of seniority, providing the employee is available and willing to work the hours. Daily available box office part-time hours shall be scheduled equitably among box office employees considering their availability. 22.07 The Employer shall provide the Union in January and July of each calendar year with an up-to-date seniority list of all employees covered under the terms of the Collective Agreement. Copies of the seniority list shall also be given to the Shop Stewards and a copy shall be posted on the bulletin board located on the Employer's premises. 22.08 An Employee shall not attain or acquire seniority until he/she has completed his/her probation period after which the Employee’s seniority will date back to the most recent date of hire.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section 1 Seniority shall be is defined as the total length of continuous service in any budgeted position in the General Fund of the City of New Haven. Section 2 Separate seniority lists shall be kept and maintained for Special Fund employees who shall be subject to the same conditions and rights as General Funded Employees under this Article except as specifically modified or limited by Section 9 of this Article. Section 3 In the event that a General Funded employee is laid off and is transferred to a Special Funded position, said employee’s seniority rights to a General Funded position shall be maintained until such time that he/she is laid off under the terms of Section 9 of this Article, at which time his/her name will be placed on the re-employment list under the terms of Section 8 (C) of this Article. Section 4 The City shall make every reasonable effort to test employees within the time limits specified in the Civil Service Rules and Regulations for new employees and make every reasonable effort to test employees prior to promotions. Section 5 The City shall prepare a list of employees represented by this Bargaining Unit, showing their seniority in time of service with the Employer City, their classification and rate of pay and deliver same to the Bargaining Unit once yearly in the month of April. Section 6 The Civil Service Rules and Regulations, as amended from time to time, are hereby incorporated as an integral part of this Agreement, except where such Rules and Regulations are not subject to any aspect of collective bargaining as set forth in the Municipal Employee Relations Act of the State of Connecticut. Section 7 For the purpose of this Article, when the term full time permanent employee is used, it shall mean an employee who has successfully completed his probationary period and has been permanently appointed to a position in the classified service by the appointing authority, subject to the provisions of the Civil Service Rules and Regulations. (A) Whenever it becomes necessary to reduce the number of employees in a given job classification because of a lack of work or lack of funds, the employee(s) with the least seniority within such job classification shall be removed first. (B) Within each classification, the reduction of positions shall be made in the following order: 1) Seasonal or part-time 2) Temporary 3) Probationary 4) Permanent (C) If a full-time permanent employee is to be laid off, his/her name will be automatically placed on a re- employment list in order of seniority by classification. (D) If a permanent employee is to be laid off from one classification within the bargaining unitBargaining Unit, inclusive by reason of training daysseniority, he will be placed in the same or another classification within the Bargaining Unit, to which he has been previously certified and permanently appointed, under Civil Service Rules and Regulations, providing he has more seniority than the employee with the least seniority in that classification. (E) If a permanent employee with five (5) years or more seniority is removed from his classification by reason of seniority and he/she has not been previously certified and permanently appointed to another classification, he/she will be placed in the same or a lower classification within the Bargaining Unit, to a position he/she is capable of performing immediately without training, provided he has more seniority than the person with the least seniority in that classification. Representatives of the City and Union will meet to determine to which job, if any, such placement will be. Such employee will be required to pass the appropriate Civil Service Examination in order to become certified to his/her new position. (F) An employee may select a layoff rather than accept placement under (D) and (E) above. (G) An employee placed under (D) or (E) above will be placed in the same Range and Step as was the person he/she displaces. (H) There shall be a re-employment list, in order of seniority, for each classification in which layoffs are made. An individuals name shall remain on the re-employment list for two (2) years or until re-employed, whichever occurs first. (I) After a layoff has occurred, the following procedure shall be followed in filling vacancies: (1) The City shall first restore to such vacancy, by seniority, an employee on the active payroll who was removed from the most recent date of hireposition by the cutback. 20.02 Seniority (2) If the job cannot be filled under (1) above, the City shall offer the position to an individual on the re-employment list with the most seniority who had previously occupied a position in the classification in question. (3) If the position is not filled under the provision of (1) or (2) above, the City will fill the vacancy in accordance with the applicable provisions of the Civil Service Rules and Regulations, or other hiring practices of the City. (4) Employees on a layoff status shall continue to accumulate seniority for two (2) years from the effective date of the layoff. The time spent on layoff shall not be deemed to interrupt the continuity of employment for employees recalled with said two year period. Any employee not recalled to work during this period shall lose 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 treated as a new employee for all purposes if purposes. (J) Two (2) refusals by an employee to return to a position under (E) (1) and (2) above will result in his name being removed from the employee:Civil Service Re-Employment List. a(A) is duly discharged In the event of a loss of a grant or reduction in Funds occurring after ratification of this Agreement by the Employer and is not reinstated through Board of Aldermen, whereby the grievance and arbitration procedure contained Board of Education or the City has to reduce personnel funded by Special Funds or Grants, those employees holding Board of Education or City positions that were cut from the Grant shall be automatically placed on a re-employment list in order of seniority by classification, unless they can bump a less senior special fund employee within the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously same job classification as outlined below. Such employees shall have recall rights for a period of twelve two (122) months years to an identical job classification in a special fund. The Board of Education shall maintain a separate reemployment list from the reemployment list maintained by the City and there shall be no bumping from Board of Education to City, or vice versa. (B) If a permanent City Special Fund employee is called back to be laid off by lack of funding, he will be placed in the same City job classification within a Special Fund held by the individual with the least seniority within the Bargaining Unit, for which he/she is qualified, providing he/she has more seniority than the employee with the least seniority in that job classification. All bumps must be within the same job classification in a special fund within the City, and any employee placed under this Section 9(B) will be placed in the same Range and Step as was the person he/she displaces. There shall be no cascading. An employee may select a layoff rather than accept placement under this Section 9(B). (C) If a permanent Board of Education Special Fund employee is to be laid off by reason of lack of funding, he will be placed in the same Board of Education job classification in a special fund held by the individual with the least seniority within the Bargaining Unit, for which he/she is qualified, providing he/she has more seniority than the employee with the least seniority in that job classification. All bumps must be within the same job classification in a special fund within the Board of Education, and any employee placed under this Section 9(C) will be placed in the same Range and Step as was the person he/she displaces. There shall be no cascading. An employee may select a layoff rather than accept placement under this Section 9(C). (D) There shall be a re-employment list, in order of seniority, for each City Special Fund job classification and for each Board of Education Special Fund job classification in which layoffs are made. An individual’s name shall remain on the applicable re-employment list for two (2) years or until re- employed, whichever occurs first. Employees on a layoff status shall continue to accumulate seniority for two (2) years from the effective date of the layoff. The time spent on layoff shall not be deemed to interrupt the continuity of employment for employees recalled with said two year period. Any employee not recalled to work after during this period shall lose all seniority rights and shall be treated as a lay-off and does not return to work within seven new employee for all purposes. Two (72) calendar days of receiving a registered letter sent to their last known address; d) is absent from work without refusals by 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 a position under this Section will result in his/her name being removed from the completion City or Board of an authorized leave of absence unless a satisfactory reason is given by the employeeEducation Special Fund Re-Employment List. 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.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority shall be defined as the length of continuous service with 7.01 In all lay offs, the Employer within will consider, (a) the bargaining unit, inclusive seniority 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 the merit, ability, skill and efficiency 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 ; and where the qualifications expressed in (b) are established as equal between any two or new positions shall be on more employees, the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, employee's seniority as aforesaid shall be the determining factor. Seniority The Employer may consider but not necessarily accept application for transfer in the event one of the classifications should cease to exist, provided the qualifications in (b), above are established as satisfactory. (c) The above foregoing will not impact on maintenance personnel during the maintenance period 7.02 An employee shall be considered probationary until he has completed ninety (90) calendar days of employment with the governing factor in relieving an employee in a higher paying classificationEmployer. Following completion of probation, 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 assigned commencing with the governing factor date probation began to accumulate which is the employee’s first working day. 7.03 Employees promoted to supervisory positions, or to positions not subject to this Collective Agreement, will retain their seniority after promotion and if demoted for any reason, or if they voluntarily request reinstatement to their former positions in all matters the bargaining unit within a period of nonsix (6) months, the time served in the supervisory position shall be included in their seniority rating. If any employee is promoted to a supervisory position and such supervisory position is subsequently abolished, such employee will revert to his former position established prior to the promotion without loss of seniority. 7.04 Seniority, once established for any employee, shall be forfeited and the employment terminated under the following conditions: (a) if he voluntarily leaves the employ of the Employer; (b) if he is discharged for just cause, providing if the employee through the Grievance Procedure wins reinstatement, then his seniority is reinstated also; (c) if he is laid off in excess of twenty four (24) consecutive months; (d) if he fails to report for duty after lay off within five (5) working days after having received notification by certified or registered mail; or (e) if he is absent from work due to illness or injury for a period in excess of twenty-disciplinary demotionfour (24) months. (Save and except work related illness or injury). 7.05 A seniority list shall be posted by the Employer every year showing each employee, layoff, his seniority date and reduction job classification. A copy of this list will be supplied to the authorized Union Representative. If a part-time, providing the more senior time 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 requiredbecomes full-time a new seniority date will apply.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 21.01 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 21.02 Seniority shall will continue to accumulate accrue during all paid and unpaid authorized leaves of absence, during all lay-offslayoffs, during vacations and during all periods of sickness and/or injury. 20.03 An employee shall cease to have seniority rights 21.03 Seniority and their employment status with within the Employer shall be terminated for all purposes bargaining unit will terminate if the an employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) resigns or voluntarily quits or resignsquits; (c) has been laid off continuously for a period of twelve fifty-two (1252) months or weeks; (d) is called back to work after a lay-off ▇▇▇▇▇▇ and does not return to work within seven fourteen (714) calendar days of receiving a registered letter sent to their last known address;, or does not communicate with the Employer as required by Article 15. d(e) is absent from work without an approved leave of absence for more than three five (35) consecutive working days without a written leave of absence, unless a satisfactory reason is given by the employee such as sickness;employee. True inability to communicate with the Employer shall be considered satisfactory reason; or e(f) fails to return to work on the completion of an authorized leave of absence unless without a reasonable explanation satisfactory reason to the Employer; or (g) is given by absent from the employeeworkplace due to illness or disability, however caused, for a period of two (2) years, excluding an employee who is in receipt of Workers Compensation benefits, for any period including a period in excess of two (2) years; or (h) is on long term disability longer than twenty-four (24) months. 20.04 The selection 21.04 In all matters of employees for promotion within the bargaining unit, awarding of a new full-time position or vacant or new positions shall be on position within the basis of qualificationsbargaining unit, relieving another employee in a higher paying classification within the bargaining unit, and recall after layoff, where fitness, ability and seniority. Where qualifications and ability reliability 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 layoffconsideration, providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, has the ability to satisfactorily be able to perform all aspects the normal functions of the work requiredjob. Reverse order of seniority shall be the governing factor in In all matters of non-disciplinary demotion, layoff, layoff and reduction to part-time, where fitness, ability and reliability are relatively equal, reverse seniority shall be the governing consideration, providing the more senior employee has, in to be retained has the judgement ability to perform the normal functions of the job. 21.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall not be exercised maintain seniority for a period of three (3) calendar months. This employee shall cease all association with the Union, including payment of Union dues. Commencing with, and included in an arbitrary or discriminatory mannerthe acceptance of the non-bargaining unit position, the employee will be placed on probation for a period of three (3) calendar months of actual work. During this period, with ten (10) days' working notice, the employee shall be entitled to return to the bargaining unit and his/her former position and rate of pay. During the probationary period, the Employer shall also have the right to return the employee to his/her former position and rate of pay. Employees who remain outside of the bargaining unit beyond the probation period shall be deemed to have left Union membership. 21.06 No new employees shall be hired by the Employer so long as there are qualified part-time employees who have the immediate ability and who are willing to perform the work required without incurring overtime, or so long as there are employees who are on layoff status who have the immediate ability to satisfactorily be able do the job and who are willing to perform all aspects of the work required. 21.07 The Employer shall give fourteen (14) calendar days' notice in writing or fourteen (14) calendar days' pay in lieu thereof, or any combination of notice or pay in lieu to any employee whose status is to be changed by the Employer from full-time to part-time. 21.08 The most senior part-time employee first and thereafter in descending order of seniority will be scheduled on a bi-weekly basis for at least as many hours as any junior part-time employee, providing the employee is available and willing to work the hours. This provision applies only to regularly scheduled hours and does not apply to additional hours including: overtime or call-in hours. 21.09 In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (if applicable), rate of pay, FT/PT status, employee number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the type of leave)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 20.01 Seniority ▇. ▇▇▇▇▇▇▇▇▇▇ unit seniority of members of the Association shall commence when the employee completes his/her probationary period, and shall be defined retroactive to initial date of employment as the length a member of continuous service with the Employer within the this bargaining unit. B. Such seniority shall not be applicable for purposes of pension benefits, inclusive which benefits shall be based on credited service as defined in the Employee’s Retirement System, Chapter 10 of training daysthe ▇▇▇▇ City Code, from nor for fringe benefits, which shall be determined by the most recent service date (continuous full-time service as of employee’s date of hire. 20.02 Seniority shall continue to accumulate during all paid and hire less unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury). 20.03 C. An employee shall cease to have lose seniority rights and their employment status with shall no longer be considered an employee for the Employer shall be terminated for all purposes if the employeefollowing reasons: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement1. He resigns or retires; b) voluntarily quits or resigns2. He is discharged and not reinstated; 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) 3. He is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given work days, including the original date of absence, without notifying the Employer (exceptions to this may be made by the employee such as sicknessEmployer); e) 4. He fails to return to work on the completion upon expiration of an authorized a leave of absence unless absence; 5. He gives a satisfactory false reason to obtain a leave; 6. He fails to return to work within fourteen calendar days after being recalled from a layoff; 7. He is given laid off for a continuous period equal to his length of seniority or five (5) years, whichever is lesser; 8. He separates from employment upon settlement covering total disability; 9. He does not work for a period of two (2) years provided the employee is unable to perform the essential duties of the position with reasonable accommodation. F. During an employee’s probationary period, the employer retains the right to discharge a new hire employee or return a promoted employee to a previous position held by the employee. 20.04 employee within the City without regard to any other provision of this Agreement. The selection discharge, termination or return to previous position of employees for vacant or new positions shall be on any employee during 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 probationary period shall not be exercised in an arbitrary or discriminatory manner, subject to 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 requiredGrievance Procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority shall be defined as the length 7.1 Upon completion of continuous service with the Employer 90 consecutive working days; or 90 cumulative working days 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 month period the employee's surname will be placed upon the seniority list in order of first date of hire during the period in which seniority was attained. Where two or more employees attaining seniority were hired on the same day, their seniority shall be governed alphabetically according to the original surname under which they were hired. 7.2 For the purpose of this Article, "regular employee" shall refer solely to those employees in the Bargaining Unit whose employment: (a) is called back considered or expected to work after be on a lay52 weeks-off a-year basis; or (b) is such that an employee completes 39 weeks, which must amount to 195 full days' service with the Company in a 12 month period. 7.3 The seniority of any employee shall be considered broken, all rights forfeited, and does there shall be no obligation to rehire, when he/she: (a) Voluntarily terminates his/her employment with the Company. (An employee who is absent for five (5) consecutive working days without legitimate reason, or without first receiving permission from the Company, may be considered to have left the Company's service of his/her own accord). (b) Is discharged, and the discharge is not reversed through the Grievance Procedure. (c) Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method of contact by telephone, or, if unable to contact by telephone, notice (a copy of which shall be given to the Plant Chairperson), mailed to the last known address of the employee, shall constitute a reasonable effort on the part of the Company. If within five (5) working days of notice having been mailed to him/her by certified post to his/her last known address shown on the Personnel Office records, the employee fails to report for duty or to make arrangements with the Company to report within seven (7) calendar working days, the Company shall be entitled to assume that the said employee has voluntarily forfeited his/her right to return to the Company's employ. In urgent cases, however, where it is necessary to secure workers, the Company, if unable to contact the seniority eligible employee by telephone, after reasonable effort, may recall the next seniority employee and so on down the list until the vacancy is filled. Employees recalled under such circumstances shall retain the positions to which they are appointed until the senior eligible employee is available. Provided the employee with whom the Company was unable to communicate in time and to whom a notice has been mailed to his/her last known address (a copy shall be given to the Plant Chairperson), advises the Company within five (5) working days of receiving the mailing of such notice of his desire to return to the Company's employ, he/she shall retain his/her seniority. The Company agrees to allow a registered letter sent to their last known address; dStationary Engineer who is on lay-off and who is working as a Stationary Engineer with another employer, a maximum of ten (10) 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 from the completion of an authorized leave of absence unless a satisfactory reason date such notification to return to work is given by the employeegiven. 20.04 The selection (d) Has not been called back for work within twenty-four (24) months of his/her last lay-off. Thirty-six (36) months for those employees for vacant or new positions shall be on the basis with service 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.than five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as the length of continuous service with since the Employer within the bargaining unit, inclusive of training days, from the most recent last date of hire. 20.02 (a) The Company recognizes the principle of seniority in the administration of promotions, demotions, transfers, layoffs and recalls. In this application of seniority under this section, if the employee has the necessary qualifications and the skill and ability to perform in accordance with the job requirements, seniority shall prevail. (b) Seniority shall continue to accumulate during all paid be a factor given consideration by the Company when assigning Shift Leaders and unpaid authorized leaves of absence, during all lay-offs, Leadhands. The Company will select Shift Leaders and during all periods of sickness and/or injuryLeadhands from those qualified in the job classification for which the Shift Leader or Leadhand is required. 20.03 (a) New employees shall be regarded as probationary employees for the first four hundred and eighty (480) hours of employment. After the employee successfully completes probation he will be considered a permanent employee and his seniority will be backdated to the start of the probation period. (b) The Company reserves the right to terminate probationary employees, who are considered unsuitable, at any time during the probationary period. (c) Probationary employees who remain employed shall be given an oral progress report by their Supervisor. The report shall be given between the 200th and 280th hour worked. If the employee is not making satisfactory progress, the Shop ▇▇▇▇▇▇▇ or the Union Plant Committee will be advised. An employee employee’s seniority shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee: (a) voluntarily resigns from the Company; (b) retires; (c) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementprocedure; b(d) voluntarily quits or resignsis absent without reasonable cause and/or does not notify his supervisor within two (2) working days of an absence; c(e) fails to return from an authorized leave of absence; (f) fails to report for work on recall or make satisfactory arrangements with the Company within five (5) days after personal notification to such employee, or after written notification to such employee by registered mail, telegram, or messenger has been laid off continuously for a period of twelve (12) months or is called back sent by the Company 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 his last known address; d(g) is absent from work without an approved leave laid off for a period in excess of absence his recall rights under 5.07. In the event of a layoff, the Company may lay off employees by department. Seniority will be applied within a department as provided for more than three in 5.02(a) above. When such layoff is necessary, the Union Plant Committee will be advised of the date of the layoff and those employees involved in the layoff at the earliest possible date. A minimum of one (31) consecutive working days unless a satisfactory reason is week notice of lay off shall be 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 employeeall full time employees. 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 (a) A permanent employee who is subject to a layoff in relieving an his department may bump a less senior employee in a higher paying classificationsimilar or lower classification in another department, leave requests, scheduling daily hours of work and recall after layoff, providing provided the more senior employee hashas the necessary skill and ability to perform in accordance with the job requirements. Any employee who is subject to a lay off will have one of the following options: Bump Be laid off and put on the recall list (b) In the event that a laid-off employee does not have the skill and ability to bump under section (a) and the length of the layoff exceeds ten (10) working days, the employee may bump the most junior employee in the judgment plant (i.e. the employee with the least seniority), provided the bumping employee can achieve the required skill and ability to do the job after a brief familiarization period, including training to a maximum of two (2) days. (c) In the event of a curtailment of the Employer which shall not workforce in the plant the order of layoff will be exercised as follows: Relief employees Probationary employees, except maintenance Permanent employees, except maintenance Maintenance employees (d) Laid off employees, who have recall rights under article 5.07, will be recalled to employment in an arbitrary or discriminatory mannerorder of their seniority, provided they have the skill and ability to satisfactorily be able to perform all aspects of do the work required. Reverse order in question after a brief familiarization period, including training to a maximum of seniority two (2) days. (e) No new employees will be hired until those employees, who have been laid off and who have recall rights under article 5.07, have been given opportunity of recall under section (d) above. (f) An employee who has bumped into a different position or who has been recalled into a different position in accordance with the provisions of this article, shall be have the governing factor in all matters option of non-disciplinary demotion, returning to the position he held prior to his layoff, and reduction to part-time, providing should that position become vacant during 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 requiredemployee’s recall period under article 5.07.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 (a) All full-time employees shall serve a probationary period of fifty (50) shifts worked from date of last hire. The discharge of a probationary employee shall not be subject to the grievance procedure. (b) All part-time employees shall serve a probationary period of forty-five (45) shifts worked from date of last hire. The discharge of a probationary employee shall not be subject to the grievance procedure. If retained after the probationary period, seniority shall accrue based on hours worked. One year of service will equate to 1500 hours worked. 12.02 Seniority shall be is defined as the length of continuous service in the bargaining unit and shall include all service with the Employer within the bargaining unit, inclusive of training days, from the most recent since date of last hire. A seniority list shall be established for all full-time and part-time employees covered by this Agreement who have completed their probationary period. A copy of the seniority list will be provided to the Bargaining Unit President of the Association after the execution of the Agreement and a revised list will be supplied annually in February thereafter. 20.02 12.03 Seniority rights and an employee's employment shall continue be deemed to accumulate during all paid and unpaid authorized have terminated if she: (a) leaves of absence, during all lay-offs, and during all periods of sickness and/or injury.her own accord; 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(b) is duly discharged by and the Employer and discharge is not reinstated reversed through the grievance and arbitration procedure contained in the Agreementprocedure; b) voluntarily quits or resigns; (c) has been is laid off continuously for a period of twelve more than twenty-four (1224) 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 addressmonths; (d) is absent from work without an approved leave of absence permission for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such as sicknessemployee; (e) fails to return to work on the completion upon termination of an authorized leave of absence or utilizes a leave of absence for purposes other than those for which the leave of absence was granted, unless prior approval has been obtained, or a satisfactory reason is given by the employee; (f) fails to return to work within ten (10) calendar days after being recalled from lay-off by notice sent by registered mail to the last known address according to the records of the Home, unless a satisfactory explanation is given by the employee; (g) is absent from work due to disability, which absence continues more than twelve (12) months and which period is extended automatically for another twelve (12) months, unless mutually agreed otherwise. 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 12.04 It shall be the determining factorduty of the employee to notify the employer promptly of any change in address. Seniority shall be the governing factor in relieving If an employee in a higher paying classificationfails to do this, 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 will not be exercised in an arbitrary or discriminatory manner, the ability responsible for failure of a notice sent by registered mail 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 requiredreach such employee.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 9.01 New full-time employees will be considered as probationary employees until they have been employed continuously for a three (3) month probationary period. 9.02 Seniority shall be defined as applied on a Bargaining Unit basis. The Company will prepare semi-annually a seniority list showing the length seniority and the job grade of continuous service with the Employer all employees within the bargaining unit, inclusive scope of training days, this agreement and will post such list in places accessible to all employees. Such list will be open to protest for a period of thirty (30) days from the most recent date of hireposting, and if an employee considers that an error has been made action to correct such alleged error is to be made through his/her supervisor to the Human Resources Department and upon satisfactory proof of error, a correction shall be made immediately. The Company will supply a copy of the seniority list to the Bargaining Unit. 20.02 9.03 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 deemed to be terminated for all purposes if the an employee: (a) is duly Voluntarily leaves the employ of the Company. (b) Is discharged by the Employer for just cause and is not reinstated through pursuant to the grievance and arbitration procedure contained in the Agreement;provisions of this 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 Is absent from work without an approved leave of absence acceptable reason for more than three (3) consecutive working days without notifying the Company during such period of the reason for such absence, unless a satisfactory the reason for failure to notify is given by the employee such as sickness;justifiable. e(d) fails Fails to return to work on the completion day specified at the end of an authorized a leave of absence absence, unless the reason for failure to return is acceptable to the Company. (a) For the purposes of Article 9, Section 9.04, a satisfactory reason reduction in the number of employees in a job due to the volume of work or for economic reasons shall be deemed to be a layoff. (b) For the purposes of Article 9, Section 9.04, “location” shall mean the branch office at or out of which the employee works. (c) Layoffs and recalls shall occur in the manner hereinafter set forth, provided that the employees who remain are capable, willing and available to do the work required. (d) In the event layoffs are required, the following procedure shall be followed: (i) All Temporary Employees shall be laid off first. (ii) All Probationary Employees shall be laid off in the respective departments where the layoffs occur. (iii) All Probationary Employees throughout the Bargaining Unit shall be laid off. Thereafter employees shall be laid off in accordance with Article 9, Section 9.04 (e) and / or (f) as applicable. (i) In the event of a layoff in a full-time job in a location, the most junior full-time employee in such job in the location shall be the first to be laid off and may: (a) displace the most junior seniority employee in the Bargaining Unit for which he/she is given by qualified and for which his/her seniority would entitle him/her; or (b) in the event the most junior seniority employee in the Bargaining Unit is not in a full-time job, displace the most junior full-time employee in the Bargaining Unit for which he/she is qualified and for which his/her seniority would entitle him/her; or (c) fill any vacancy which there exists for which he/she is qualified and for which his/her seniority would entitle him/her. (ii) In the event that more than one employee is laid off at the same time, the senior such employee shall have preference as to which junior seniority employees affected they displace. (i) In the event of a layoff in a Continuous Part-time job in a location, the most junior Continuous Part-time employee in such job in the location shall be the first to be laid off and may: (a) displace the most junior seniority employee in the Bargaining Unit for which he/she is qualified and for which his/her seniority would entitle him/her; or (b) in the event the most junior seniority employee in the Bargaining Unit is not in a Continuous Part-time job, displace the most junior Continuous Part-time employee in the Bargaining Unit for which he/she is qualified and for which his/her seniority would entitle him/her; or (c) fill any vacancy which there exists for which he/she is qualified and for which his/her seniority would entitle him/her. (ii) In the event that more than one employee is laid off at the same time, the senior such employee shall have preference as to which junior seniority employees affected they displace. (g) An employee who is laid off and who displaces another employee in accordance with Article 9, Section 9.04 (e) and / or 9.04 (f) will be placed in the new job in accordance with the provisions of Article 11 but shall be paid not less than his regular rate of pay for the job which he occupied immediately prior to layoff, unless such employee successfully bids for a job of the same or lower grade than the new job in which case the employee’s rate of pay will be adjusted to the employee’s current step in the grade of the job. Further, an employee receiving such an adjusted rate shall be exempt from any contractual increases until the scheduled grade salary range provides a salary level which exceeds his adjusted rate, at which time he will receive the rate assigned to his then current salary grade level. (h) Employees who are displaced from their jobs as a result of a layoff, while at work, shall be recalled, in order of seniority, to their original job from which they were laid off or displaced, for a period of one year from the respective dates of the employees’ original layoff or displacement, except in those cases where such employees have successfully bid for another job pursuant to Article 10. (i) All employee “Choices” Flexible Benefit plan coverages will cease on the first of the month following the month in which an employee is laid off, except in the case of: Employee Life Insurance Extended Health Care Plan Dental Plan in which case the Company shall continue coverage for three months following the month in which an employee is laid off and not thereafter. The Company may not alter the employee’s flex benefit choices during this period. The employee’s flex credits will be re-calculated and the employee will be responsible to compensate the company for any incremental costs associated with these benefits. Similarly, the company will compensate the employee for any under utilization of the available flex credits. (j) A full-time employee who is laid off and displaces a Continuous Part-time employee must accept all the terms and conditions of employment applicable to a Continuous Part-time position. (k) An employee who is laid off and who has not displaced another employee in accordance with the foregoing procedure shall be considered for employment as a Temporary Employee before new employees are hired for such positions provided that the employee accepts all of the terms and conditions applicable to such employment. An employee’s recall rights shall not be affected if he accepts employment as a Temporary Employee. However, any period of employment as a Temporary Employee shall not affect the period of layoff referred to in Article 9, Section 9.05 and shall not be deemed to be a recall for purposes of that Section. (l) Notwithstanding Sections 9.04 (e) and (f), a laid off employee may, with Company approval, elect to be laid off from the Company rather than exercising his seniority rights to displace a junior employee. 20.04 (m) Any period of layoff shall not be included for the following purposes: (i) in calculating “continuous service” for purposes of entitlement to vacation and vacation pay; (ii) in calculating time worked during any qualifying period for purposes of job progression as outlined in Appendix “A” and Article 11; (iii) in calculating entitlement to Scheduled Paid Personal Days Off pursuant to Article 14, Section 14.14. Entitlement to such days shall be reduced on a prorated basis by the period of layoff; (iv) in computing continuous service for any pension plan, except for the first three (3) months of any lay off period. (n) The selection Company will be under no obligation to post where a vacancy is filled by operation of Article 9, Section 9.04 (h). (o) Seven (7) days prior to a layoff, a list of employees for vacant or new positions affected shall be on given to the basis of qualificationsBargaining Unit concerned, ability and seniority. Where qualifications and ability are relatively equalat that time, the Company will discuss the reason for the layoff with the Bargaining Unit. 9.05 Subject to Article 9, Section 9.04 (h), if within two years following a layoff there is an increase in the working force, employees who have retained unit seniority shall be the determining factor. Seniority shall be the governing factor recalled in relieving an employee in a higher paying classification, leave requests, scheduling daily hours order of work and recall after layoffpast seniority before any new employees are hired, providing the more senior employee hassuch former employees are capable, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability willing and available to satisfactorily be able to perform all aspects of do the work required. Reverse order of seniority This preference shall be lost if an employee fails to report for work within six (6) working days following dispatch of notification from the governing factor in all matters of non-disciplinary demotion, layoff, and reduction Company by registered mail to part-time, providing his last address as shown on the more senior employee has, in the judgement records of the Employer which Company, unless such failure to report is a result of circumstances beyond the employee’s control. In such case this employee will not displace employees with less seniority who may have been recalled but will retain employment preference as provided in this section. (a) If an employee is transferred to a position that is not subject to Article 2, 2.01 he shall retain all accumulated seniority as of the date of transfer. If transferred back to a position within the Bargaining Unit he shall be credited with this seniority. (b) The foregoing shall not be exercised construed as giving the right to any such employee while excluded from the Bargaining Unit to bid or make application in respect of any posted job vacancy or new position or to give the Company the right to place any such employee in any vacancy or new position except in the case where there is no successful applicant from the Bargaining Unit to which this agreement applies. 9.07 In no circumstances shall an arbitrary or discriminatory manneremployee who has acquired seniority lose his seniority because of absence due to illness provided the employee satisfies the Company of such illness. If he is physically 9.08 Seniority shall continue to accumulate during an employee’s leave of absence granted under Article 14, the ability to satisfactorily be able to perform all aspects of the work required14.02.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 12.01 Seniority shall be is defined as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, and will be acquired when an Employee has completed forty-five (45) days worked. 12.02 Such seniority will date from the most recent date of hire that an Employee actually commenced work for the Residence and will accumulate thereafter. Employees will be regarded as probationary Employees until they have acquired seniority as above. All Employees will accrue vacation based on their date of hire. All part time Employees will progress on the wage grid at 1800 hours = 1 year; and full time will progress by date of hire. 20.02 Seniority 12.03 In the case of promotion, layoff and recall, seniority shall continue apply providing the senior Employee concerned has the skill, ability and qualifications to accumulate during all paid and unpaid authorized leaves perform the normal requirements of absence, during all lay-offs, and during all periods of sickness and/or injurythe job. 20.03 An employee shall cease 12.04 Seniority lists containing the names of all Employees will be posted on the official Union Bulletin Board in January and July of each year. Such lists will provide the Employee’s name, classification, date of hire and accumulated hours paid for those hired after June 6, 1995. Employees will have thirty (30) calendar days from the date on the seniority list to have seniority rights and their employment status with notify the Employer Residence, in writing, of any errors, changes and/or additions, unless Employee is absent for this period. Thereafter, the list as posted or amended shall be deemed accurate. 12.05 The Residence will supply the Union Committee member with sufficient copies of the seniority list as well as forwarding a copy to the Local Union Office. 12.06 An Employee shall lose her seniority and be deemed terminated for all purposes if in the employeeevent she: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementresigns or retires; (b) voluntarily quits or resigns; c) has been is laid off continuously for a period in excess of twelve thirty-six (12) months or is called back to work after a lay-off and does not return to work within seven (736) calendar days of receiving a registered letter sent to their last known addressmonths; d(c) is absent from work without an approved leave of absence for more than three (3) consecutive working days unless without a satisfactory reason is given by the employee such as sicknessreason; (d) fails to report for work as scheduled upon the termination of a leave of absence, unless she notifies the Employer with proof it was not reasonably possible to do so; (e) fails to respond within five (5) days of receiving a notice of recall from layoff, sent by registered mail of her intention to return to work on within the completion of an authorized leave of absence unless a satisfactory reason time frame noted therein; (f) is given by the employee. 20.04 The selection of employees for vacant absent due to illness 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, compensable disability for a period in excess of thirty-six (36) months; (g) is absent while in receipt of Workplace Safety and reduction to part-time, providing the more senior employee has, in the judgement Insurance Board benefits for a period 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 requiredthirty (30) months.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority 6.1 An employee will be considered on probation until the employee has worked for six (6) continuous months. However, upon agreement between the Employer and the employee, the probationary period may be extended up to a maximum of one (1) additional month. In cases where a probationary period is extended, the Employer will notify the Guild in writing. In the case of a part‐time employee, the length of the probationary period shall be defined as determined by an equivalent number of shifts. 6.2 Upon completion of such probationary period, the 6.3 The Employer may discharge a probationary employee if the employee is not satisfactory, a determination that is in the sole discretion of the Employer. The Employer’s decision to dismiss the employee shall not be made in bad faith. 6.4 No employee who has completed the employee’s probationary period may be disciplined or dismissed except for just cause. An employee who at the time of dismissal has not completed the probationary period, shall not have, or be deemed to have, this right. 6.5 Seniority means the length of continuous service with the Employer within since the bargaining unit, inclusive date of training days, last hiring. Full‐time employees shall accrue seniority from the most recent date of hire. Seniority for part‐time employees shall be based on hours and shall be listed on a separate seniority list. 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 6.6 An employee shall cease lose all seniority and shall be deemed to have seniority rights and their terminated 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;the employ of the Employer; or (b) is discharged and such discharge is not reversed through the Grievance Procedure; or (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 five (35) consecutive working days unless a reason satisfactory reason to the Employer is given by the employee such as sickness;given; or e(d) fails to return to work on the completion upon termination of an authorized leave of absence unless a reason satisfactory to the Employer is given; or (e) is absent due to layoff more than twelve (12) consecutive months; or (f) fails to notify the Employer of the employee’s intention to report for work within three (3) days from the date of delivery by courier dispatch of a notice of recall to the employee, unless a reason satisfactory to the Employer is given; or (g) fails to report to work after being recalled from lay‐off within two (2) weeks from the date of delivery by courier dispatch of a notice of recall to the employee, unless a reason satisfactory to the Employer is given. (h) Notwithstanding the above, an employee who has left the employ of the Employer and is rehired shall be credited with previous seniority with the Employer for the purpose of vacation entitlement only. 6.7 It shall be the responsibility of an employee to keep the Employer advised, in writing, of the employee’s current address. The Employer shall be deemed to have given an individual on layoff notice of recall by sending notice of recall by registered mail or courier to the last address supplied 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 21.01 An employee will be considered on probation and will not be placed on a seniority list until after he/she has completed a total of fifty (50) working days worked. 21.02 Seniority lists based upon the date on which employees commenced to work in the Hotel shall be defined as established for each department and food and beverage outlet and will be supplied to the length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hireUnion. 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 21.03 An employee shall cease lose all seniority and her/his employment shall be deemed to have seniority rights and their employment status with the Employer shall be been terminated for all purposes if the employeehe/she: a) voluntarily leaves the employ of the Company; b) is duly discharged by the Employer and is not reinstated through the grievance and and/or arbitration procedure contained in provisions of the Agreement; b) voluntarily quits or resigns; c) has been is laid off continuously for a period of twelve (12) months 26 weeks or is called back more, after which they may be struck from, or be retained on, the employer’s seniority list with the consent of the parties to work after a lay-off and does this agreement which shall not return to work within seven (7) calendar days of receiving a registered letter sent to their last known addressbe unreasonably withheld; d) is absent from fails to return to work without upon termination of an approved authorized leave of absence, unless prior arrangements acceptable to the Company have been made for an extension thereof, or utilizes a leave of absence for more a purpose other than that for which the leave of absence has been granted, provided that such proof can be produced by the Company; e) fails to return to work, within five (5) calendar days after recalled from layoff by notice sent by registered mail, or fails to advise of her/his intention to return within five (5) calendar days following such notice, or give a legitimate reason for being unable to do so. Such notices are sufficient if sent to the last address of the employee made known to the Human Resources Department in writing; f) is absent without notifying the Company for three (3) consecutive working days unless the employee is subsequently able to provide a satisfactory reason explanation; 21.04 When an employee is given by transferred to another department or food and beverage outlet in the Bargaining unit, he or she shall retain house seniority, however, unless the transfer is of a temporary nature for the probationary period, or less, he or she must start accumulating seniority in that new department or food and beverage outlet. When the transfers are for less than the probationary period and the employee such as sickness; e) fails is returned to return the original department or food and beverage outlet within that period of time, the seniority for that employee will continue 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, accumulate in the judgment of original department or food and beverage outlet during 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 requiredEmployee’s absence.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 15.01 Seniority shall be defined as the mean length of continuous service with the Employer within the bargaining unit, inclusive . 15.02 An Employee shall lose all seniority rights for any one or more of training days, from the most recent following reasons: a) Voluntary resignation b) Discharge for just cause c) Failure to return to work within ten (10) working days of receipt of recall by double registered mail unless due to illness or accident or other just cause. The Employer may require substantiating proof of the illness or accident. 15.03 Employees retained on staff following the probationary period will have seniority credited to date of hirehiring. 20.02 15.04 An Employee laid off and placed on the recall list will retain but will not accumulate seniority during the period of layoff. 15.05 Seniority lists will be made available by the Employer and shall be amended quarterly in the event any changes occur during such period. 15.06 A member of the bargaining unit will be granted a leave of absence to accept a temporary assignment to another position with the Employer outside the bargaining unit for a known duration of not more than six (6) months. This period may be extended for an additional thirty (30) calendar days upon written request to the Union. The Employee shall continue to accumulate all seniority rights with the bargaining unit during all paid and unpaid authorized leaves this leave. Upon completion of the leave of absence, during all lay-offs, and during all periods of sickness and/or injurythe Employee shall be returned to their former position within the bargaining unit. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer 15.07 No Employee shall be terminated transferred to a position outside the bargaining unit without their consent. If an Employee is transferred to a position outside the bargaining unit, the Employee, for all purposes if the employee: a) is duly discharged by term of the Employer and is trial period of that position, shall retain their seniority accumulated up to the date of leaving the unit, but will not reinstated through accumulate any further seniority. Such Employees shall have the grievance and arbitration procedure contained right to return to a position in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously for bargaining unit during that trial period. If an Employee returns to the bargaining unit, the Employee shall be placed in a period of twelve (12) months or is called back to work after a job consistent with their seniority. Such return shall not result in the lay-off and does not return to work within seven (7) calendar days or bumping 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 employeeany Employee holding greater seniority. 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.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 11.1 Seniority shall be is defined as the length of an Employee’s continuous service with the Employer University within the bargaining unitunit (N.S.G.E.U., inclusive of training days, from the most recent date of hireLocal 79). 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 11.2 An employee shall cease to have lose seniority rights and their employment status with the Employer shall be terminated for all purposes if the employeeif: (a) the Employee voluntarily resigns the employ of the University; (b) the Employee is duly discharged by the Employer for cause and is not reinstated through the grievance and arbitration procedure contained in the Agreementreinstated; b) voluntarily quits or resigns; (c) has been the Employee is laid off continuously for a period of longer than twelve (12) months months; (d) the Employee is absent due to illness, injury or is called back disability for a period in excess of twenty‐ seven (27) months; (e) the Employee fails to return to work as specified in Article 12.9, after recall notice is given to them personally or by registered mail to the Employee's last address on file with the University, or fails to return on the specified date following a lay-off sessional lay‐off; (f) the Employee is transferred or promoted out of the bargaining unit and does not return to work within the bargaining unit before the end of the period of assessment, not to exceed twelve (12) months. 11.3 An Employee shall not accumulate seniority during unpaid leaves of absence, except in the following circumstances: (a) An Employee on lay‐off for a period of up to twelve (12) months (b) An Employee who is absent due to illness, injury or disability for a period of up to twenty‐ seven (727) months (c) An Employee on pregnancy or parental leave as per Article 35 (d) An Employee on leave for Union business as per Article 6.9 11.4 A seniority list will be prepared by the University in January of each year and a copy will be sent to the Union Local containing such information relating to the employees' status as agreed between the University and the Union Local. Any discrepancies shall be reported in writing to the Senior Director of Human Resources within thirty (30) calendar days from the date the seniority list was issued. No change in the seniority status or other information required on the seniority list of receiving a registered letter sent an employee shall be made unless agreed upon by both parties. 11.5 In cases of promotion, lay‐off or recall, the following factors shall be considered: (a) knowledge, experience, and past performance in assessing an applicant's ability to their last known addressmeet job requirements; d(b) seniority. In cases of promotion, it is absent from work without an approved leave understood that where the items referred to in (a) above are in the University's opinion equal, factor (b) shall govern. 11.6 A Sessional Employee will accrue seniority and during the periods of the Sessional Employee’s absence for more than three (3) consecutive working days unless a satisfactory reason is given by such accumulated seniority shall be retained, provided that the employee such as sickness; e) fails to return Sessional Employee returns to work on the completion specified return date or before the expiration of an authorized leave of absence unless a satisfactory reason is given by twelve months (12) from the employeemost recent break in employment. 20.04 The selection 11.7 Calculation of employees seniority for vacant or new positions Part Time, Sessional, and Sessional Part Time Employees shall be calculated on a pro rata basis and provided employment has been continuous during the basis Employee’s period of qualificationsemployment. 11.8 Seniority accrued by Sessional Part‐Time Employees may only be exercised in cases of lay‐off and recall as per Article 12 for other sessional part‐time positions. 11.9 A temporary employee shall not accumulate seniority throughout the term of the temporary employment. However, ability should the position become a permanent position and seniority. Where qualifications and ability are relatively equalthe temporary employee be the successful applicant, under Article 9 Job Posting, seniority shall be effective from the determining factor. Seniority shall be the governing factor in relieving an employee in a higher paying classification, leave requests, scheduling daily hours date of work and recall after layoff, providing the more senior employee has, hire in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory mannertemporary position, 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, provided employment has been continuous 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 requiredposition.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority Section 1. After completion of the probationary period, an employee shall attain seniority as of his or her original date of hire. Unless otherwise provided, seniority shall be defined as the an employee’s length of continuous service with the Employer within or at a particular location, whichever is longer. An employee’s seniority as of the bargaining uniteffective date of this Agreement shall be the employee’s date of hire with the Employer or any predecessor Employer at the location where the employee currently works, inclusive provided that the chain of training daysemployment has been unbroken. The chain of employment is broken where an employee is separated from employment with an Employer and at a building simultaneously. The burden of establishing a seniority date, if different 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 hire with the Employer shall be terminated on the employee and based on credible documented proof. Section 2. Unless otherwise prohibited by applicable law, seniority shall be broken by any of the following events: a. Resignation, retirement, or voluntary termination; b. Discharge for all purposes if cause; c. Voluntary promotion into any non-bargaining unit position, unless the employee returns to the bargaining unit within six (6) months of the promotion, in which case the employee: a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained ’s seniority shall be fully restored, less any time in the Agreementnon-bargaining unit position; b) voluntarily quits or resigns; c) has been laid off continuously d. Inactive employment for a period of twelve any reason exceeding six (126) months or an employee’s length of seniority, whichever is called back less; or e. Failure to return to work after a lay-off and does not return to work any leave (including recall from layoff) 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 calendar days after a scheduled date for return, unless a satisfactory reason prior written notice is given received 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 employeeEmployer. 20.04 The selection Section 3. Within the bargaining unit, assignments, promotions, and the filling of employees for vacant or new positions vacancies shall be determined on the basis of qualificationsseniority, ability provided that, in the reasonable opinion of the Employer, the employee is qualified, suitable and seniorityavailable to work. Where qualifications Seniority shall be determinative when, and ability only when, all other job related factors are relatively equal. Section 4. In the event of a layoff due to a reduction in force in a building, the inverse order of classification seniority shall be followed, provided, however, that for the purpose of this paragraph, seniority shall be based on total length of service in the determining factorbuilding. Section 5. An employee who is laid off shall not be permitted to bump a less senior employee at another facility or location. However, the laid off employee shall have the right, for three (3) months to fill positions within the employee’s classification that may become available at the same account or location or at other accounts or locations subject to this Agreement, provided in the reasonable opinion of the Employer the employee is qualified, suitable, and available to work. Section 6. Seniority shall be determinative when all other job-related factors are equal among two or more employees who are reasonably qualified for the governing factor in relieving particular position. Section 7. The Employer may temporarily or permanently assign an employee to another building, or among other buildings, covered by Article I (Recognition) of this Agreement, provided that employees so assigned shall be credited with all accumulated seniority from their previously assigned location at their new location and shall continue to accrue seniority at their new location as if they had started work at that location, and that such assignments shall not be made arbitrarily, in a higher paying classificationretaliation or in violation of Article III (Non Discrimination). Section 8. Subject to paragraph 3 above, leave requestspart-time employees shall be given preference by seniority in bidding for open full-time positions, scheduling daily hours of work and recall after layoff, providing the more senior employee hasprovided that, in the judgment reasonable opinion of the Employer which shall not be exercised in an arbitrary or discriminatory mannerEmployer, the ability employee is qualified, suitable, and available to satisfactorily be able to perform all aspects of the work requiredwork. Reverse order of seniority Seniority shall be the governing factor in determinative when all matters of nonother job-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 requiredrelated factors are equal.

Appears in 2 contracts

Sources: Security Contractors Agreement, Security Contractors Agreement

SENIORITY. 20.01 11.01 Seniority shall be is defined as the length period of continuous service employment with the Employer within by the bargaining unit, inclusive of training days, from the most recent employee since his or her last date of hirehire with the Agency. 20.02 11.02 Seniority for part-time employee(s) shall continue to accumulate during all be based on paid and unpaid authorized leaves hours, as recognized in the Collective Agreement, accumulated since date of absence, during all laylast hire. It is recognized that sixteen hundred (1600) paid hours equals one (1) year of full-offs, and during all periods of sickness and/or injurytime service. 20.03 11.03 An employee will be deemed to be on probation until he/she has completed four hundred and fifty-five (455) hours worked. 11.04 The Agency agrees to keep a seniority list for all employees and to post same in a conspicuous place. The Agency shall supply the Association with a seniority list annually. The seniority list shall be updated annually and posted and forwarded to the Association no later than the 31st day of January in each year. Information pertaining to interim seniority changes will be made available to the Union Representative at the Executive Director’s office. 11.05 The Agency agrees that in filling positions governed by Article 11.07, the Agency will consider the qualifications, experience, skill and ability of the individual to perform the work required. In the case where two (2) or more employees exhibit relatively equal qualifications, experience, skill and ability to perform the work required as determined by the Employer, then seniority shall be the determining factor. 11.06 An employee shall cease lose all service and seniority and shall be deemed to have seniority rights and their employment status with the Employer shall be been terminated for all purposes if the employeehe or she: (a) resigns or retires; (b) is duly discharged by and the Employer and discharge is not reinstated reversed through the grievance and arbitration procedure contained in the Agreementprocedure; b) voluntarily quits or resigns; (c) has been laid off continuously absent due to layoff for a continuous period of twelve eighteen (1218) 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 addressmonths; (d) is absent from scheduled work without an approved leave for a period of absence for more than three (3) consecutive working days unless without notifying the Agency of such absence and providing a reason satisfactory reason is given by to the employee such as sicknessAgency; (e) fails to return to work on the completion upon termination of an authorized leave of absence unless a without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (f) fails to return to work within ten (10) calendar days following a layoff after being notified by registered mail to do so, unless through sickness or other reasonable cause he/she is given unable to do so; it shall be the responsibility of the employee to keep the Agency informed of their current address; (g) is absent due to work or non-work related illness or injury for a period of twenty-four (24) months unless prohibited by statute. 11.07 In the event new positions are created in the bargaining unit or the Agency wishes to fill vacancies in existing positions, the Agency will post such positions or vacancies for a period of five (5) working days and shall stipulate the qualifications and experience required and the assignments to be filled in order that any interested employee may apply. In the event no qualified employee applies, then the Agency may hire a new employee from an outside source. The name of the successful applicant will be posted by the employeeAgency. 20.04 The selection 11.08 Any employee presently in the bargaining unit, who elects to transfer to a position outside of employees for vacant or new positions the bargaining unit, may be rehired into the bargaining unit if a position is available, after the Employer has complied with the job posting and recall provisions. In such event, the returning employee shall be given a seniority date as of his/her date of last entry into the bargaining unit, for purposes of job opportunity and layoff and other non-monetary benefits and provisions. He/she shall retain his/her last date of hire with the Employer for the calculation of salary and any monetary benefits. 11.09 Part-time employees shall be given the first opportunity to fill temporary full-time vacancies if he/she is able to perform the available work. The Employer will outline the conditions and duration of such vacancy. Such temporary vacancy shall not exceed the time required to complete the specific circumstances which gave rise to the temporary vacancy. An employee who is absent due to leave of absence or illness shall have the right to return to his/her former position. 11.10 Seniority shall be retained but not accumulated when an employee is absent from work under the following circumstances: (a) when on an approved leave of absence without pay, exceeding thirty (30) continuous calendar days; (b) when absent on account of accident or illness and not in receipt of sick leave credit. 11.11 A part-time employee who changes his/her status to full-time will be given seniority credit on the basis of qualificationssixteen hundred (1600) paid hours of part-time being equivalent to one (1) year of full-time service and vice versa. In addition, 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 who is so transferred will be given credit for paid hours accumulated since the date of work and recall after layoff, providing his/her last advancement on 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 requiredlist.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section A. Seniority standing shall be granted to all employees who have completed the probationary period as defined as in Article 2, Section F. Such standing is to be determined on the basis of total length of continuous service with employment for the Employer within the bargaining unit, inclusive of training days, from the most recent Employer. Seniority and anniversary 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 employees shall be terminated for all purposes if the employee: afirst day of continuous employment except as provided in Article 2, Section G. During the probationary period of one thousand forty (1040) is duly hours, employees may be discharged by the Employer without cause and is not reinstated through without same causing a breach of this Agreement or constituting a grievance hereunder. In the grievance and arbitration procedure contained event of a layoff, a reduction in force, or the elimination of a position, a senior employee may exert their seniority preference over a junior employee in any classification of work in any department, provided they have the necessary qualifications to perform the duties of the job involved. Employees who are laid off shall be rehired according to seniority in the Agreement;inverse order of layoffs, provided they have the necessary qualifications to perform the duties of the job involved. Such employees shall be notified in writing regarding such layoffs, reduction in force, or elimination of position, as well as rehiring, as the case may be. b) voluntarily quits Section B. Employee shall lose their seniority standing upon voluntary resignation from employment or resigns; c) has been laid off continuously upon discharge 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 cause. The seniority of an employee on temporary layoff or absence due to illness shall continue to accumulate. The seniority of an employee on authorized leave of absence unless a satisfactory reason shall be frozen at the date leave of absence is given by the employeegranted. Such employees shall again acquire seniority upon return to employment. 20.04 The selection of employees for vacant Section C. Temporary transfers or new positions shall vacancies may be on filled by senior qualified employees. In 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 event such vacancy is in a higher paying classification, leave requeststhe qualified employee filling such vacancy shall receive the pay step in the pay schedule for the higher paying classification which is the nearest higher dollar amount above the employee's regular rate of pay, scheduling daily hours beginning with the first hour of work and recall after layoffin the higher classification, providing the more employee performs seventy-five (75) hours of continuous work in the higher classification. Section D. A leave of absence shall be granted only by the Board with the approval of the department head and the Board shall notify the Union of such leave. Seniority shall be frozen as of the beginning of such leave of absence. Section E. All employees employed by the County Board or appointed by an appointed official coming under the jurisdiction of the County Board shall carry their original seniority date and all accumulated fringe benefits when transferring from one (1) department to another. Section F. Notice of all vacancies and newly created positions shall be posted on County bulletin boards near the Human Resources Department, and the employees given five (5) days time in which to make application to fill such vacancy or new position. County employees outside this bargaining unit may apply simultaneously for vacancies in this bargaining unit. However, preference with be given to bargaining unit employees for open positions in their unit. Preference shall be given using a point system, which shall automatically give the bargaining unit employee 5 additional scoring points out of a possible score of 100 on anyone of the following selection tools; including but not limited to the application, the interview process, and any related testing. The senior employee has, in the judgment department where the vacancy occurs or new position is created and who makes application therefore shall be transferred to fill the vacancy or new position, provided they have the necessary qualifications to perform the duties of the Employer which job involved. The department head or other appropriate appointing authority shall make the determination as to whether or not be exercised the application possesses the necessary qualifications. In the event the bargaining unit does not concur in an arbitrary or discriminatory mannerthe determination, the ability employee shall have the right to satisfactorily appeal through the official grievance procedure. Notice of vacancies or newly created positions shall state the type of work, place of work, rate of pay, hours to be able worked, and the job classification. Section G. Seniority lists shall be brought up to perform all aspects date on January 1 of each calendar year and posted on employees' bulletin boards. Copies of seniority lists shall be sent to the Secretary and the president of the work required. Reverse order of seniority shall be Union. Section H. When employees are transferred from 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 jurisdiction of the Employer which County Board appointed department to that of an elected official's department, shall not be exercised for purposes of accumulated fringe benefits and insurance, carry their original seniority date into the elected official's department, but shall acquire a new seniority employment date in such elected official's department. When employees are transferred from an arbitrary or discriminatory manner, the ability elected official's department to satisfactorily be able to perform all aspects that of a department under jurisdiction of the work requiredCounty Board appointed official, they shall continue to carry their original seniority date from the elected official's department to that of an appointed official's department for the purposes of accumulated fringe benefits and insurance program. However, they shall acquire a new employment seniority date within the department coming under the jurisdiction of the County Board. All employees employed by an elected official when transferred from an elected official's department to that of another elected official's department shall continue to carry their original seniority date for purposes of accumulated fringe benefits and insurance program. However, they shall acquire a new employment seniority date within the department coming under the jurisdiction of the elected official.

Appears in 2 contracts

Sources: Employment Agreement, Employment Agreement

SENIORITY. 20.01 Seniority (a) That before appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be defined as the length date of continuous assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the aggregate periods of temporary service prior to the date of assignment, provided that no period of temporary service shall be taken into account for any individual prior to the date when the employee may have voluntarily withdrawn from the service of the Division. 10.2 No permanent employee shall be discharged except for cause. 10.3 In the case of temporary lay-off, such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, shall be on the basis that the permanent employee with the Employer within least seniority shall be the bargaining unitfirst to be laid off, inclusive and in the case of training days, from re-employment the permanent employee having the most recent date seniority of hire. 20.02 the laid-off permanent employees shall be first to be rehired. Seniority shall continue to accumulate during all paid and unpaid authorized leaves for eighteen (18) months from date of absence, during all lay-offs, and during all periods of sickness and/or injuryoff. 20.03 10.4 An employee shall cease to have lose seniority rights and their employment status with the Employer employee's name shall be terminated removed from the seniority list for all purposes if any one of the employeefollowing reasons: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;voluntary termination of employment; or (b) voluntarily quits or resigns;discharge for just cause; or (c) has been laid off continuously for a period retirement under the terms of twelve the Division's Pension Plan; or (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 failure to return to work on the completion of following an authorized leave of absence unless a satisfactory through illness or other such reason is given acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying the appropriate District Maintenance Manager or the appropriate District Maintenance Supervisor unless through illness or other such reason acceptable to the Division; or (f) failure to contact the appropriate District Maintenance Manager or the appropriate District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the employee. 20.04 Division. 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 required to satisfactorily be able return to perform all aspects work following lay-off earlier than fifteen (15) working days after receipt of the work requiredabove notice unless through mutual agreement of the employee and the Division. Reverse order The onus is on the employee to inform the Division in writing of his current address. A copy of said notice of recall from lay-off will be forwarded to the Union no later than such notice being sent to the individual. An employee who has lost seniority as a result of the application of this clause shall be the governing factor notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 10.5 Seniority will continue to accrue if an employee: (a) is on any period of paid leave of absence; or (b) is on any period of paid income protection; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) is absent on Workers' Compensation other than being in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee has, in the judgement receipt of the Employer which shall total permanent disability benefits established under Workers' Compensation. 10.6 Seniority will be retained but will not be exercised accrue if an employee: (a) is on any period of unpaid leave of absence of more than five (5) consecutive days; or (b) is laid off for less than eighteen (18) consecutive months; or (c) is in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects receipt of the work requiredtotal and permanent disability benefits established under any disability plan or pension plan. 10.7 A copy of the seniority list shall be provided and sent to each employee covered under the Agreement not later than May 15 in each year.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as the length of continuous service with the Employer 9.01 A person employed within the bargaining unit, inclusive unit described in Article 2 of training days, from the most recent date of hire. 20.02 Seniority shall continue to accumulate during all paid this Agreement will be on probation until he/she has worked five hundred 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: aforty (540) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained hours in the Agreement; b) voluntarily quits or resigns; c) has been laid off continuously for a any period of twelve (12) months consecutive months. Upon completion of the probationary period, the employee will, if retained in the employ of the Employer, acquire seniority. The employee’s seniority date will be the employee’s last date of hire. In the event that two (2) or more employees are hired on the same date, numbers will be drawn to determine higher seniority. For the purpose of this Article, hours worked will include holidays, and mandatory meetings called by the Employer. However, if the employee is called back required to work after on a layholiday, or on overtime, only the hours worked will count, not the hours compensated. 9.02 The Employer will maintain and post an updated plant-off and does wide seniority list. Such lists will show employee’s job classifications. Copies of such lists will be provided to the Plant Chairperson as requested. 9.03 The appointment, selection, or promotion of any employee to a classification or position who is not return subject to work this Agreement, is not covered by this Agreement. A seniority employee who is appointed, selected or promoted to a classification or position which is not subject to this Agreement, may, at the option of the Employer, 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 calendar months of his/her appointment, selection, or promotion, be transferred back to his/her position within the bargaining unit described in Article 2 of this Agreement without loss of seniority or benefits. No employee will be permitted or allowed to exercise this option, nor will the Employer be allowed to exercise this option with respect to any employee more than once during the employee’s employment with the Employer. Any employees affected by such transfer will be transferred as necessary to accommodate such return to the employee such as sicknessbargaining unit. 9.04 Seniority will be lost and employment will be terminated if an employee: a) quits, resigns or retires; eb) is discharged and such discharge is not reversed through the grievance or arbitration process; c) fails to return to work or fails to notify the Employer of his absence from work for two (2) consecutive scheduled shifts without supplying a reason satisfactory to the Employer for such failure, subject to the Arbitrator’s test of reasonableness; d) is laid off and not recalled for a period of twenty-four (24) months, or sooner if the employee elects to receive termination and/or severance pay pursuant to the Employment Standards Act prior to the expiration of twelve (12) months; e) having been laid off, fails to report for work within two (2) consecutive scheduled shifts after recall by the Employer provided that notice of recall which has been sent to the employee by registered mail at his address on the completion records of an authorized the Employer shall conclusively be deemed to have been received by the employee on the second day after it was mailed; f) fails to report to work following the expiry of a leave of absence unless a satisfactory reason is given (including pregnancy and/or parental leave) granted 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 Employer without notifying the Employer and without supplying a reason satisfactory to the Employer for such failure, subject to the Arbitrator’s test of reasonableness; g) engages in gainful employment while on leave of absence from the Employer; h) leaves work prior to his/her quitting time without obtaining a leave of absence or without obtaining the permission of a supervisor, which permission shall not be exercised in unreasonably withheld; or i) If an arbitrary employee requests and accepts termination pay or discriminatory manner, the ability severance pay prior 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 requiredrecall rights being exhausted.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 43.01 Seniority shall be for the purpose of this agreement is defined as the length of continuous service with from date of hiring as an employee, subject to Article 43.04 (a) and (b). 43.02 A seniority list showing employee names, classification, total days of seniority, commencement date and work location shall be posted by seniority on appropriate bulletin boards during February of each year. Employees may request a review of their placement on the Employer seniority list within thirty (30) days of its posting. 43.03 When an employee has been employed on a casual or temporary basis and is subsequently appointed to a position in the bargaining unit, inclusive of training days, from such employee shall have seniority dated back to the most recent date of hirehiring on a casual or temporary basis, provided the employee has not had a break in service for more than thirty (30) working days. 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 (a) An employee shall cease to have retain previous seniority but shall not accumulate additional seniority when on a continuous period of absence from work exceeding one half (½) the number of working days in any one month due to: (i) leave of absence without pay; (ii) suspension from duty; or (iii) layoff not in excess of twelve (12) months. (b) An employee shall lose seniority rights and their employment status with in the Employer shall be terminated for all purposes if event the employee: a(i) tenders written resignation or retires; (ii) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreementreinstated; b) voluntarily quits or resigns; c(iii) has been laid off continuously for a period in excess 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 addresscontinuous months; d(iv) is absent from work without an approved leave of absence for more than three five (35) consecutive working days unless without notifying the employee’s immediate supervisor giving a satisfactory reason is given for such absence; (v) when called back from layoff, fails to report to work within fourteen (14) calendar days of notice sent by registered mail to the address on record with the Employer, except in the case of an employee called back for work of a casual or short term duration at a time when the employee is employed elsewhere. In such as sickness; e) fails to return to work on the completion a case, refusal of an authorized leave employment shall not result in loss of absence unless a satisfactory reason is given by the employeeseniority rights. 20.04 The selection of employees for vacant or new positions shall be on the basis of qualifications, ability and seniority. 43.05 Where qualifications and ability are relatively equal, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee in accepts an acting position outside the bargaining unit for a higher paying classification, leave requests, scheduling daily hours period of work time not to exceed twelve (12) months and recall after layoff, providing later returns to the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory mannerbargaining unit, the ability to satisfactorily be able to perform all aspects of employee shall have seniority calculated as if the work required. Reverse order of seniority shall be employee had not left 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 requiredbargaining unit.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 13:01 Seniority shall be is defined as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hirehire by an employee at the Company's Vancouver Plant and/or Warehouses. 20.02 13:02 Accrual of Seniority shall continue - Seniority accumulates when an employee is absent from work: (a) Resulting from an occupational injury or illness covered by the Workers' Compensation Act; (b) During a continuous absence from work of not more than twelve (12) months, resulting from an injury or illness not covered by the Workers' Compensation Act. After these twelve (12) months seniority will cease to accumulate during all paid and unpaid authorized leaves accrue, but stays in force for a further twelve (12) months; (c) During any leave of absence, during all ; (d) During a 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 less. 13:03 The Company shall advise a member of the Unit Executive forty-eight (48) hours prior to notice of all lay-offs, promotions, demotions, and recalls from lay- off. If a layoff should extend beyond 13 weeks, the employee may choose to protect recall rights as per Article 13:04 or exercise his/her rights for severance as per the BC Employment Standards Act, Section 8. 13:04 Loss of Seniority (a) Voluntarily quits his/her employment with the Company; (b) Is discharged for cause; (c) Fails to report for work within five (5) calendar days after a receiving notice of recall. Notice of recall shall be by direct telephone, absence of favourable response to be followed by registered mail sent to the employee's address then on the Company's records. It shall be the sole responsibility of the laid-off employee to advise the Payroll Department of his/her latest mailing address; (d) Is on lay-off and does not return to work within seven for more than twelve (712) calendar days of receiving a registered letter sent to their last known address;consecutive months. d(e) is 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 hasthere was, in the judgment Company's opinion, a justifiable cause for such absence. 13:05 Probationary Employees A new employee shall be considered to be on probation for 90 calendar days from date of the Employer which hire and shall not be exercised entitled to any seniority rights until the employee has satisfactorily completed such probation period. Probationary employees who miss days of work for any reason, will have their probationary period extended the amount of time that was missed. At 30, 60 and 90 days a performance review will be conducted with the employee. A Shop ▇▇▇▇▇▇▇ will be present. If such employee is continued in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects employ of the work required. Reverse order Company after the expiration of seniority the probationary period, his/her length of service shall be the governing factor in all matters computed from his/her date 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 requiredhire.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 21.01 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 21.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offslayoffs, and during all periods of sickness and/or injury. 20.03 21.03 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 Grievance and arbitration Arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve fifty-two (1252) months weeks or is called back to work after a lay-off layoff and does not return to work within seven fourteen (714) 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 sicknessemployee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 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. 21.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy, relieving an another employee in a higher paying classification, leave requests, scheduling daily hours of work classification 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, has the ability and qualifications to satisfactorily be able to perform all aspects the normal functions of the work requiredjob. Reverse order of seniority shall apply and be the governing factor in all matters of non-disciplinary demotion, layoff, 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, has the ability and qualifications to satisfactorily be able to perform all aspects the normal functions of the work requiredjob.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Section A. Seniority standing shall be granted to all employees who have completed the probationary period as defined in Article II, Section F. Such standing is to be determined on the basis of total length of employment for the Employer. Seniority and anniversary date of employees shall be the first day of continuous employment except as provided in Article II, Section G. During the probationary period of nine hundred and seventy-five (975) hours, employees may be discharged by the Employer without cause and without same causing a breach of this Agreement or constituting a grievance hereunder. 1. Service Seniority: which shall be the total length of continuous service with the Employer Employer. 2. Department Seniority: which shall be the total length of service within a specific department or division of the Employer. In the event of a layoff, a reduction in force, or the elimination of a position, a senior employee may exert his/her seniority preference over a junior employee in any classification of work in any department, provided he/she has the necessary qualifications to perform the duties of the job involved. Employees who are laid off shall be rehired according to seniority in the inverse order of layoffs, provided he/she has the necessary qualifications to perform the duties of the job involved. Such employees shall be notified in writing regarding such layoffs, reduction in force, or elimination of position, as well as rehiring, as the case may be. Employees who are laid off shall be recalled to their former position or offered an opportunity to apply internally for employment within the bargaining unit, inclusive of training days, unit for up to one (1) calendar year from the most recent date of hiretheir layoff status. Once the one (1) year mark has passed, former employees may apply for County positions as an external candidate, and the layoff status ceases. 20.02 Seniority Section B. Employees shall lose their seniority standing upon voluntary resignation from employment, or upon discharge for cause. The seniority of an employee on temporary layoff or absence due to illness 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 accumulate. The 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 employee on authorized leave of absence shall be frozen at the date leave of absence is granted, unless a satisfactory reason is given otherwise dictated by employment law such as the employeeFamily Medical Leave Act. Such employees shall again acquire seniority upon return to employment. 20.04 The selection of employees for vacant Section C. Temporary transfers or new positions shall vacancies may be on filled by senior qualified employees. In 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 event such vacancy is in a higher paying classification, leave requeststhe qualified employee filling such vacancy shall receive the pay step in the pay schedule for the higher paying classification which is the nearest higher dollar amount above the employee's regular rate of pay, scheduling daily hours beginning with the first hour of work and recall after layoffin the higher classification, providing the more senior employee has, performs seventy-five (75) hours of continuous work in the judgment higher classification. Section D. A leave of absence shall be granted only by the Department Head or designee. The Department Head or designee shall notify the Union of leave of absence information as it relates to seniority. Seniority shall be frozen as of the Employer which shall not be exercised in beginning of such leave of absence. Section E. All employees employed by the County Board or appointed by an arbitrary or discriminatory manner, appointed official coming under the ability to satisfactorily be able to perform all aspects jurisdiction of the work required. Reverse order of County Board shall carry their original seniority shall be the governing factor in date and all matters of non-disciplinary demotion, layoff, and reduction accumulated fringe benefits when transferring from one (1) department 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 requiredanother.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority 11:01 The Corporation agrees that in the event of layoff, employees shall be defined as laid off in the length reverse order of continuous service with their seniority and where it is necessary to rehire former employees, they shall be re-employed in the Employer within the bargaining unit, inclusive reverse order in which they were laid off. During any such period of training days, from the most recent date of hire. 20.02 Seniority layoff an employee 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 accrue 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 up to 12 consecutive months but shall not be entitled to any other benefit except the right of twelve (12) months or is called back recall 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 employeework. 20.04 The selection 11:02 However it is understood and agreed that in all cases of employees for vacant or new positions promotion to a higher job class, decreases in forces and recall after layoffs the following factors shall be on considered: (1) Qualifications to perform the basis of qualifications, ability and seniority. work (2) Seniority Where qualifications and ability are relatively to perform the work is considered to be equal, seniority shall be the determining factor. 11:03 A new employee shall be on probation until the employee has worked a period of six (6) months and paid according to the salary schedule for the job occupied and during such period the employee shall be subject to rights under the grievance procedure except on termination of employment. If retained after the probation period, such employee's seniority shall be dated from the day he or she commenced work. 11:04 Seniority shall be calculated from the last date of employment. Seniority shall be forfeited and employment will be terminated if: (1) the governing factor employee voluntarily quits his employment; (2) the employee is discharged for proper cause; (3) the employee fails to report to work within fifteen days after being notified by registered mail to return to work following a layoff. (4) the employee is absent from work for five (5) working days without permission or just cause. (a) the employee is absent from work due to non-occupational illness or accident subject to the following conditions: (i) during the first 12 months of any such absence the City agrees to provide at its cost all benefits set out in relieving Article 18:00 (ii) at the end of such 12 month period such employee will be responsible for the total cost of all benefits set out in Article 18:00; (iii) the City agrees to maintain the seniority of such employee for a 36 month period, after which employment will be terminated. (b) the employee is absent from work due to an occupational illness or accident for which W.S.I.B. is paid subject to the following conditions: (i) during the first 24 months of such absence the City will provide at its cost all benefits set out in Article 18:00; (ii) at the end of such 24 month period such employee will be responsible for the total cost of all benefits set out in Article 18:00; (iii) the City agrees to maintain the seniority of such employee for a 36 month period after which employment will be terminated. (6) an employee with less than five (5) years service is absent from work for a period in excess of twelve calendar months due to a higher paying classification, leave requests, scheduling daily hours layoff; an employee with more than five (5) years service is absent from work for a period in excess of work twenty-four calendar months due to a layoff. 11:05 An up-to-date seniority list shall be posted on the appropriate bulletin boards for a period of 30 days in January of each year. 11:06 A temporary vacancy is defined as a vacancy scheduled to be up to eight (8) months in duration. (a) The parties agree that an employee hired to fill a temporary vacancy shall not accrue seniority 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 requiredprovided with any benefits other than as required by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 5.01 Seniority shall be defined as the length of continuous service a regular employee has established with the Employer within the bargaining unit, inclusive of training days, Corporation and shall accrue in all cases from the most recent date the regular employee last entered the employ of hirethe Corporation. 20.02 Seniority 5.02 Temporary and probationary employees shall continue to not accumulate during all paid and unpaid authorized leaves seniority except that a regular employee shall be granted seniority for the period served as a temporary/probationary employee in accordance with the provisions of absence, during all lay-offs, and during all periods of sickness and/or injuryArticle 6. 20.03 5.03 An employee shall cease lose his seniority and his name removed from the records if he: (a) quits voluntarily (b) is discharged for just cause subject to have seniority rights and their employment status being reinstated through grievance procedure (c) retires (d) is laid off for a period exceeding twelve (12) consecutive calendar months (e) fails to report for work after a layoff within five (5) working days of recall notice by registered mail to the last address which the employee has filed with the Employer Corporation unless the employee provides the Corporation with documented evidence of sickness or other unavoidable reasons for not reporting to work within the specified time limit in this clause. (f) is absent for three (3) working days or more, unless the employee provides the Corporation with documented evidence of sickness or other unavoidable reasons for not reporting to work. (g) is absent due to non-occupational illness or injury for a period exceeding 18 months. (h) is absent due to occupational illness or injury for a period exceeding 24 months 5.04 An employee shall be terminated maintain seniority at the level attained when absent from work for all purposes if the employeefollowing reasons: (a) is duly discharged leave of absence in excess of thirty (30) calendar days granted by written permission of the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;Corporation. (b) voluntarily quits or resigns; c) has been laid off continuously during a layoff for a period of up to twelve (12) consecutive calendar months. (c) for a period of six (6) calendar months while on sick leave, plus a further twelve (12) months or is called back to work after a lay-off and does not return to work within seven while on Long Term Disability. (7) calendar days of receiving a registered letter sent to their last known address; d) is absent from work without an An employee, while on 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 pregnancy/parental and/or adoption leave of absence unless a satisfactory reason is given by the employeepurposes, shall maintain and accumulate seniority. 20.04 5.05 The selection Corporation will compile seniority lists every twelve (12) months. These lists will be posted on specified bulletin boards in January of employees for vacant or new positions shall each year, and copies will be on forwarded to 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 Business Manager 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 requiredUnion.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 20.01 Seniority shall be defined as the length of continuous service employment with the Employer Company within the bargaining unit. Temporary absence from work, inclusive of training daysas set forth in this Agreement, from the most recent date of hireshall not break seniority. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, during all lay-offs, and during all periods of sickness and/or injuryas the case may be. 20.03 An Seniority rights of an employee shall cease to have seniority rights and their employment status with the Employer shall may be terminated for all purposes if any of the employeefollowing reasons: (a) if an employee voluntarily leaves the employ of the Company; (b) if an employee is duly discharged by for just and sufficient cause and the Employer and employee is not reinstated through use of the grievance and arbitration procedure contained in the AgreementGrievance Procedure; b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve (12) months or is called back if an employee fails to return to work after a lay-off and does not return to work layoff within seven (7) calendar days of receiving a after notice to return to work has been forwarded by registered letter sent mail to their last known addressaddress on file with the Company, unless a satisfactory reason is given by the employee. Substantiated illness, injury, or situations where notice to terminate employment with another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) is absent from if an employee fails to return to work without after the completion of an approved authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee such employee. Substantiated illness or injury shall be considered 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 employeereason. 20.04 The selection awarding of employees for vacant promotions, vacancies, or new positions relieving in a higher rated classification shall be done on the basis of qualifications, ability and seniority. Where qualifications seniority providing the senior applicant possesses the skill and ability are relatively equal, seniority to perform the normal requirements of the job. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the determining factorjob experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. In the event of a promotion, the employee will be on a trial period for ninety (90) working days, during which time she or he may elect, to return to her or his former job, or the Company may return the employee to her or his former job for just cause. 20.05 Seniority shall be the governing factor in relieving an employee in a higher paying classification, leave requests, scheduling daily hours all cases of work and recall after layoff, layoff providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, involved has the ability to satisfactorily be able to perform all aspects do the normal requirements of the work requiredjob. Reverse order Under this definition, the last employee hired shall be the first to be laid off. In the event of layoff, an employee having more seniority than another employee and claiming the other employee's job shall be given a thirty-seven and one-half (37½) hour trial period on said job. The employee shall be entitled to ask for and receive assistance from other employees during this time period when requested. 20.06 Seniority shall be the governing factor in all matters cases of non-disciplinary demotionrecall to work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, layoffthe employee on layoff who has the most seniority shall be the first to be recalled to work. 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a temporary employee equalling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and reduction vacation entitlement where seniority shall date back to part-the employee's original date of hire. 20.10 Any employee promoted to a position outside the bargaining unit shall be on a trial period for a period of six (6) calendar months. If the employee is not successful in her or his new position, or decides to return within the bargaining unit, same will be allowed within the six (6) month period. The employee shall then return to the bargaining unit without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (▇▇▇▇▇▇▇ ▇▇▇▇▇▇). 20.11 Temporary employees shall only be entitled to hold one (1) seasonal/ relief job classification at any one (1) time. Temporary employees who successfully bid into another seasonal/relief job classification shall relinquish the seasonal/relief job classification they previously held. Any seasonal/relief job classification that has been successfully bid into shall subsequently only be filled on an as needed basis by the temporary employee who has successfully bid into this classification. A seasonal/relief job classification shall not be reposted for bids until such time as the temporary employee who has already successfully bid into said classification has successfully bid into another seasonal/relief job classification or is no longer employed by the Company. For the purposes of this agreement, providing seasonal/relief work shall be deemed to be a vacancy. 20.12 A term position shall be posted for bids on each occasion that it occurs. Employees who successfully bid into a term position shall revert to their previous classification at the same time as the term position expires. A term position shall only be filled by the employee who has successfully bid into said position. For the purposes of this Agreement, a term position shall be deemed to be a vacancy. 20.13 Employees acquiring seniority on the same date shall be added to the appropriate seniority list following a ballot draw of the names of the affected employees with the more senior employee has, person being the one whose name is drawn first. The ballot draw shall be made in the judgement presence of all persons who are affected. 20.14 Preference in available hours of work shall be given to senior employees, insofar as this is consistent with their availability and ability to do the job. 20.15 The Company shall provide the Union in January and July of each calendar year, with an up-to-date seniority list of all permanent and all temporary employees covered under the terms of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects Collective Agreement. Copies of the work requiredseniority lists shall also be given to the Shop Stewards and a copy shall be posted on the bulletin board located on the Company's premises.

Appears in 2 contracts

Sources: Collective Agreement, Collective Bargaining Agreement

SENIORITY. 20.01 Seniority A. A newly hired employee shall be defined as on a probationary status for ninety (90) work days taken from and including the length first day of continuous service with employment. If at any time prior to the Employer within completion of the bargaining unitninety (90) work day probationary period, inclusive the employee's work performance is unsatisfactory, the employee may be dismissed during this period without appeal by the Union. Probationary employees who are absent on scheduled work days during their probationary period, shall serve additional days equal to the number of training daysdays that their job was not operative, from and such employee shall not have completed their probationary period until these additional days have been worked. B. Upon satisfactory completion of the most recent probationary period the employee's seniority date shall be retroactive to date of hire. 20.02 C. Employees shall be laid off and recalled according to their seniority. An employee on scheduled lay-off shall have the right to displace a less seniored employee in any classification, except Head ▇▇▇▇, provided the senior employee is qualified to hold the position held by the less seniored employee. D. The least seniored employee normally scheduled to work at that time shall be the employee whose hours are reduced when such a reduction is necessary. When additional work is required, the most seniored employee available shall be granted the work (up to 8 hours per day). E. An employee will lose his seniority for the following reasons: 1. The employee resigns. 2. The employee is discharged for cause, and such discharge is not reversed through the grievance procedure. 3. The employee is absent for one (1) consecutive working day without notifying the Employer and/or without good and sufficient reason. 4. The employee falsifies his/her job application. 5. The employee retires. F. Seniority shall continue to accumulate during all paid within the bargaining unit for an employee who transfers to a supervisory position, with that employee having the right to exercise his/her seniority and unpaid authorized leaves return to the bargaining unit in the event that the employee vacates his/her supervisory position. G. An agreed to seniority list shall be made available to each employee covered by this Agreement on or about October 1st of absenceeach year. Such list shall contain each employee's name, during all lay-offsdate of hire, employee's location, and during all periods of sickness and/or injuryclassification. 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.

Appears in 2 contracts

Sources: Professional Services, Professional Services

SENIORITY. 20.01 21.01 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 21.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offslayoffs, and during all periods of sickness and/or injury. 20.03 21.03 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 Grievance and arbitration Arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twelve fifty-two (1252) months weeks or is called back to work after a lay-off layoff and does not return to work within seven fourteen (714) 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 sicknessemployee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 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. 21.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy, relieving an another employee in a higher paying classification, leave requests, scheduling daily hours of work classification 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, has the ability and qualifications to satisfactorily be able to perform all aspects the normal functions of the work requiredjob. Reverse order of seniority shall apply and be the governing factor in all matters of non-disciplinary demotion, layoff, 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, has the ability and qualifications to satisfactorily be able to perform all aspects the normal functions of the work requiredjob. 21.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall continue to accumulate seniority for a period of ninety (90) calendar days. Said employees shall be entitled to return to the bargaining unit and their former job at any time during the ninety

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement