SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.
Appears in 12 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an 12.01 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of on probation for ninety (90) calendar days worked from the date of the employee's last hire. During such period the employee may be dismissed if the employee is unable to perform adequately the work for full- time and four hundred and eighty-seven and one half (487.5) hours worked which the employee is employed or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementis otherwise unsuitable.
14.02 The seniority 12.02 For the purpose of this Agreement an employee shall be lost and his/her employment automatically terminated for any of the following reasons.employee's
(a) he/she quits his/her employmentBargaining unit "seniority" (other than that of a probationary employee) shall commence with the date of the employee's most recent hiring (other than as a result of a recall after a layoff) by the Board and shall be maintained and accumulated so long as the employee remains in the employ of the Board in the bargaining unit during:
(i) a layoff within any period during which the employee was entitled to be recalled;
(ii) any sickness or accident; and
(iii) any leave of absence.
(b) he/she retires;When a probationary employee completes the probationary period the employee shall be entered on the seniority list and shall rank seniority from the date the employee was last hired.
(c) he/she A loss in seniority shall be deemed to have occurred if an individual employed by the Board:
(i) quits;
(ii) is discharged for just cause and is not reinstatedreinstated by reason of the grievance procedure;
(diii) he/she does is laid off beyond the period during which the employee was entitled to be recalled; or
(iv) fails following a layoff, unless the employee exercises the right to refuse such work as provided in section 12.07, to notify the Board within fourteen (14) days of the Board sending the employee a notice to return to work of the employee'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 perform work for the Company for a period of twelve sooner than said fourteen (1214) months in the case of lay-offdays;
(ev) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three a period of seven (37) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentdays.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an employee (a) Seniority shall be defined as the length of uninterrupted continuous service in the bargaining unit since the last 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 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 employees including those on leave (including the type of leave)
13.02 Seniority shall continue to accumulate during all paid and unpaid (up to fifty-two (52) weeks) authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury.
13.03 An employee shall cease to have seniority rights and their employment status with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee Employer shall be lost and his/her employment automatically terminated for any of all purposes if the following reasons.employee:
(a) he/she quits his/her employmentis duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement;
(b) he/she retiresresigns;
(c) he/she has been laid off continuously for a period of fifty-two (52) weeks or is discharged for just cause called back to work after a layoff and is does not reinstatedreturn 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) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission an approved leave of absence for more than three two (32) consecutive scheduled working days unless an explanation a satisfactory to the Company reason is given by the employee;. Bona fide sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; or
(ge) if fails to return to work on the completion of an employee overstays a vacation or authorized leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation a satisfactory to the Company reason is given by the employee;
(h) if an employee who is recalled . Bona fide sickness and/or inability to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing communicate with the Employer shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes considered a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentsatisfactory reason.
Appears in 5 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her his employment automatically terminated for any of the following reasons.
(a) he/she he quits his/her his employment;
(b) he/she retireshe is retired;
(c) he/she he is discharged for just cause and is not reinstated;
(d) he/she he does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she he does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she he is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she he fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationhis job. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentManager.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority 11.01 Seniority shall mean the length of an employee shall employee's continuous service with the Company since his or her most recent date of hire.
11.02 The “date of hire” of a Maintenance Employee who is an applicant for a position under the Collective Agreement that is not a Maintenance Employee position will be defined as length of uninterrupted service since August 19, 2020 or, if the last Maintenance Employee is hired by the Company following August 19, 2020, their date of hire with by the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes firstFor greater certainty, for part- time. Seniority rights will all other purposes, Article 11.01 of the Collective Agreement shall apply only with respect to the extent expressly provided in this agreementMaintenance Employees.
14.02 The seniority of an employee 11.03 An employee's continuous service with the Company shall be deemed to be broken and his or her seniority lost and his/her employment automatically with the Company terminated for any of all purposes if the following reasons.employee:
(a) he/she quits his/her employment;quits; or
(b) he/she retires;
(c) he/she is discharged by the Company for just cause and is not reinstated;reinstated through the grievance and arbitration procedure contained in this Agreement; or
(dc) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless without an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such authorized leave of absence or vacation from the Sales Manager without notifying his or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;her immediate supervisor; or
(hd) if an employee who is recalled to work laid off for a period longer than twelve (12) months; or
(e) fails to return within ten (10) calendar days of mailing of report for work after notification to return. Such mailing shall be his or her last known address by registered mail to when recalled following a layoff, the last address of onus being on the employee that to keep the Company has in its files for advised of his or her current address, except only that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that where the employee is able unable to return report for work after such notification because he or she must give one (1) pay period's notice of termination of employment to his/her job provided another employer and he or she must work for that other employer during the said notice period, then such employee shall notify the Company has met its obligations as soon as possible of his or her inability to accommodate report for work for those reasons and such employee shall report for work immediately upon the employee under expiry of the said notice period, failing any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.which this Article
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Union Collective Agreement
SENIORITY. 14.01 12.01 The term "seniority", as used herein, shall mean accumulated service, as calculated from the date specified in Article 11.01.
12.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length determined by the alphabetical order of uninterrupted service since the employee's last date of hire names.
12.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.:
(a) he/she quits his/her employment;if he quits,
(b) he/she retires;if he is discharged and not reinstated through the grievance procedure,
(c) he/she if the employee is discharged absent without Company approved leave of absence, for just cause and is not reinstated;more than two (2) consecutive working days, without a reasonable explanation,
(d) he/she does not perform an employee who has been laid off and fails to return to work for five (5) working days of being notified to return to work by registered mail to his last address on record. It shall be the responsibility of the employee who is laid off to leave a current address and telephone number with the Company for a period of twelve (12) months in the case of lay-offas to where he may be contacted;
(e) he/she does not perform work if he fails to return from a leave of absence, unless prevented from doing so for unavoidable reasons or if he takes employment other than declared and agreed upon when applying for the Company for a period leave of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationabsence;
(f) he/she is absent from if an employee has been off work without permission for more any reason, other than three (3) illness or injury, for the lesser of the accumulated seniority at the time the absence commenced or 24 consecutive working days unless an explanation satisfactory to the Company is given by the employeemonths;
(g) if an employee overstays has been off work by reason of illness or injury for 24 consecutive months.
12.04 The Company will provide the Union with revised seniority lists annually. A copy shall be posted on the union's bulletin board.
12.05 Absence due to a vacation bona fide illness or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to injury shall not be cause for discharge providing the Company is given by the employee;
(h) if an notified of such illness or injury as early as possible. The employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that notify the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee when he is able to return to his/her job provided that work and shall be assigned the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes next available dispatch in their address to the Human Resources Departmentline with his seniority.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- full-time and four hundred and eighty-seven and one half (487.54872) hours worked or six (6) months, whichever comes first, for part- part-time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her his employment automatically terminated for any of the following reasons.
(a) he/she he quits his/her his employment;
(b) he/she retireshe is retired;
(c) he/she he is discharged for just cause and is not reinstated;
(d) he/she he does not perform work for the Company for a period of twelve six (126) months in the case of lay-off;
(e) he/she does not perform work off or for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationreason;
(fe) he/she he is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(gf) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager Supervisor or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(hg) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(ih) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(jI) he/she he fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Workers' Compensation Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationhis job. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentManager.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority Section 1: Seniority shall mean the length of an employee continuous service in this bargaining unit and shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited based upon the completion first day of a work, provided the employee has completed the probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked as outlined in Article X. If two or six (6) monthsmore employees have the same employment date, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementseniority shall be de- termined by a lottery system.
14.02 Section 2: The Board shall provide the members of the bargaining unit and the Asso- ciation Representative a seniority list of an employee employees and it shall be updated whenever a change is made.
Section 3: Seniority shall be lost and his/her employment automatically terminated the employee shall be removed from the senior- ity list only for any of the following reasons:
a. If the employee resigns or retires.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) b. If an employee utilizes a leave is on layoff equal to her/his length of absence for purposes other than those for which it was granted;seniority in this bargaining unit.
(j) he/she c. If the employee fails to return to work immediately after from layoff as set forth in the Company has been notified by a doctor or Workplace Safety and Insurance Board that Recall Procedure (Article XII).
d. If the employee is able absent for two (2) consecutive working days without notifying the Board and fails to return give an explanation for the absence and the lack of notice that are satisfactory to histhe Superin- tendent, or designee.
e. If the employee overstays a leave granted for any reason as pro- vided in Article XVIII.
f. If the employee gives a false reason for a leave of absence or en- gages in other employment during such leave.
g. If the employee is discharged and the discharge is not revised through the Grievance process of this Agreement.
h. If a total-disability settlement has been made with the employee.
Section 4: A bargaining unit member who has been, in the past or will be in the fu- ture, promoted outside the bargaining unit shall not accumulate seniority credit while working in a position not included in this Agreement. An employee who returns to the bargaining unit from a position not in- cluded in this Agreement, shall be assigned to a position similar to the one she/her job he held at the time of the promotion, provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It no bargaining unit member will be the responsibility of employees to provide written notification of any changes in their address laid-off. An employee who returns to the Human Resources Departmentbargaining unit from a position not in- cluded in this Agreement, shall retain the seniority status she/he held at the time of the promotion.
Appears in 3 contracts
Sources: Secretarial Contract, Secretarial Contract, Secretarial Contract
SENIORITY. 14.01 The seniority 9.01 For the purposes of this Article service shall mean service as an employee shall be as defined as in Article 1.
9.02 Seniority is based on an employee's total length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementunbroken service.
14.02 The seniority of 9.03 An employee who ceases to be an employee as defined in Article 1 but who remains in the employ of the Employer, shall be lost and retain credit for his/her employment automatically terminated for any of the following reasons.
(a) accumulated seniority and shall be entitled to such seniority if he/she quits resumes employee status within the period of 6 months.
9.04 If there is a break or breaks in an employee's service, his/her employment;seniority shall be based on his/her length of unbroken service which shall have accumulated since his/her last rehiring by the Employer.
9.05 A break in an employee's service with the Employer shall be deemed to have occurred:
a) (bQuit) If he/she retires;leaves the employ of the Employer.
b) (cDischarge) If he/she is discharged for just cause and if the discharge is not reinstated;reversed through the grievance procedure.
c) (dLayoffs and Recalls) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) If he/she is absent from laid off because of lack of work without permission for more than three (3and is not recalled within 24 months.
d) consecutive If following a layoff, he/she fails to advise the Employer within 5 working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing receipt of notification to return to work, of his/her intention to return, or;
e) If the employee fails to report to work on the date and at the time specified in said notice. Such mailing The recall notice shall be made in writing and delivered by registered mail to the last address of given by the employee to the University.
f) All employees must notify the Employer promptly of any address change. Failure to do so will remove all responsibility from the Employer in the event that official notices fail to reach the Company has in its files for that employee;.
(ig) If an employee utilizes a leave of absence for purposes in any other than those for which it was granted;
(j) manner he/she fails ceases to return to work immediately after be employed by the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentEmployer.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority 15.01 Seniority in this Agreement is defined as the length of an employee shall be defined as length of uninterrupted employee's continuous service in the bargaining unit covered by this Agreement since the last his/her most recent date of hire with and shall apply on a departmental basis.
15.02 If an employee is transferred by the Company. Seniority shall only be credited upon Company to a position outside the completion of a probationary period of ninety (90) calendar days for full- time bargaining unit but within the Company and four hundred and eighty-seven and one half (487.5) hours worked or subsequently returns to the bargaining unit within six (6) monthscalendar months of the transfer, whichever comes firsthe/she may do so without loss of Seniority.
15.03 In January and July of every calendar year, for part- timethe Employer shall post the full seniority list showing the seniority of each employee. Seniority rights 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). An employee will apply only be permitted a period of ten (10) working days following the posting of any seniority list to protest in writing to the extent expressly provided in Company any alleged omission or incorrect listing, but such protest shall be confined to errors or changes occurring subsequent to the posting of the immediately preceding seniority list. Where an employee is absent due to holiday, illness or approved leave, the ten (10) working day time limit for that employee shall run from the date of his/her return to work. In the event an employee does not file a protest within the time limits stipulated, then the seniority list shall be considered as correct, accepted and final as regards the employee. Any timely protest filed by an employee which is not settled can be taken up as a grievance under Article 10 of this agreementAgreement.
14.02 The seniority of an employee 15.04 An employee's continuous service shall be broken, his/her seniority lost and his/her employment automatically with the Company deemed to be terminated for any of the following reasons.just cause if:
(a) he/she quits his/her employment;quits; or
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;reinstated through the grievance and arbitration procedure contained in this Agreement; or
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(fc) he/she is absent from work without permission for more than three (3) consecutive working days an authorized leave of absence, unless an explanation he/she provides a compelling and satisfactory to the Company is given by the employee;reason; or
(gd) if an employee overstays s/he has been laid off or is otherwise absent from work for any reason for a vacation period of forty-four (44) weeks or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;more; or
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(je) he/she fails to return to report for work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return notification to his/her job provided that last known address by registered mail when recalled following a layoff, the onus being on the employee to keep the Company has met its obligations to accommodate advised of his current address except only that where the employee under is unable to report for work after such notification because he/she must give one (1) pay period's notice of termination of employment to another employer and he/she must work for that other employer during the said notice period, then he/she shall notify the Company as soon as possible of his inability to report for work for those reasons and he/she shall report for work immediately upon the expiry of the said notice period, failing any applicable legislation. It will be of which this Article 15.04(e) shall apply; or
(f) he/she retires; or
(g) he/she takes employment elsewhere while on an authorized leave of absence; or
(h) he/she fails to report for work at the responsibility expiration of employees to provide written notification an approved leave of any changes in their address to the Human Resources Departmentabsence, a vacation or a suspension, unless he/she provides a compelling and satisfactory reason.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 1. Seniority shall be defined as the length of continuous employment with the Company from the last date of hiring. The company shall maintain a seniority list for the Plant and the list shall be supplied to the Shop Chairman on request.
2. For six months after being hired, new employees shall be regarded as probationers and shall have no seniority. After six months’ service they shall become regular employees and shall receive credit for seniority from the date of their employment. Benefits, as outlined in Article 15 will commence on the first of the month after the employee has been employed for three (3) months.
3. In case it becomes necessary to reduce the working force, the order of lay-off shall be:
4. Senior employees who may be expected to qualify reasonably quickly for the required work, will be given an opportunity to do so.
5. The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time considered broken, all rights forfeited and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee there shall be lost and his/her employment automatically terminated for any of the following reasons.no obligation to rehire when he:
(a) he/she quits his/her employment;Voluntarily leaves the service of the Company, or is dismissed for just cause. (An employee who is absent for two full consecutive working days without good and proper reason, or without first securing permission from the Company, may be considered to have left the Company’s service of his own accord.)
(b) he/she retires;Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method contact or a telegram or a notice mailed to the employee at the last known address of the employee, shall constitute a reasonable effort on the part of the Company and report for duty, or to advise the Company of the date when he will so report, the Company shall be entitled to assume that the said employee has voluntarily left the Company’s employ. In urgent cases, however, where it is necessary to secure workers at notice of less than 48 hours, the Company, if unable to make contact with the senior eligible employee may recall the next senior employee and so on down the list, until the vacancy is filled. Employees rehired under such circumstances shall retain the position to which they are appointed, but provided the employees with whom the Company was unable to communicate in time, later within 96 hours advise the Company of their desire to return and shall return the next available shift to the position held prior to the lay-off.
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory Has been out to the Company is given by the employee;
(g) if an employee overstays a vacation or leave Company’s employ in excess of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.allowable breaks defined below:
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an employee 22.01 Seniority shall be defined as the length of uninterrupted continuous service with the Employer within the bargaining unit since his / her most recent date of hire.
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.
22.03 An employee shall cease to have seniority rights and his or her 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 Collective Agreement;
(b) voluntarily quits or resigns;
(c) has been laid off continuously for a period of fifty-two (52) weeks or is called back to work after a lay-off and does not return to work within seven (7) calendar days (or such longer period as may be required to provide another employer with proper notice) of receiving a registered letter sent to his or her last known address;
(d) is absent from work without an authorized leave of absence of more than three (3) days unless s/he can satisfy the Employer s/he had a reasonable excuse for being absent; or
(e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless s/he can satisfy the Employer that s/he had a reasonable excuse for not returning to work.
(f) is away for a period of thirty (30) months or more for whatever reason including injury.
22.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy or choice of shifts (except as otherwise provided for in Article 7.01), providing the more senior employee:
(a) has the qualifications, skill and ability to be able to perform the normal functions of the job for all positions other than Pultrusion Operator and Material Handler; and
(b) with respect to Pultrusion Operator and Material Handler, has the qualifications, skill and ability to be able to perform the normal functions of the job and a satisfactory attendance record. Seniority shall be the governing factor in all matters of relieving another employee in a higher paying classification, recall after lay-off, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, lay-off, and reduction to part-time, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. At the Employer’s discretion, probationary employees may be eligible for lay-off and/or recall from lay-off based on their seniority by their most recent date of hire and will have their probationary period adjusted for any such periods of lay-off. It is recognized that all employees working in the Finishing department must be able to repeatedly and correctly read a tape measure in order to do their work at all times. Employees that are hired to work or who are transferred into the finishing department from another area or classification will be required to be tested and regularly tested thereafter and pass a tape measure skills test that demonstrates their ability to correctly read a tape measure. A minimum pass mark of 95% is required. No advance notice that the test will be given is required of the Employer. The content of the test and the marking of it and all other matters relating to the testing and skills assessment are at the sole discretion of the Employer. This may include a decision by the Employer to retest the employee, provide training for the employee, or re-assign the employee.
22.05 Employees from within the bargaining unit who accept a position with the Company. Seniority Employer which places them outside of the bargaining unit shall only be credited upon the completion of continue to accumulate seniority for a probationary period of ninety (90) calendar days. Except for the purpose of short term relief for vacation or absenteeism, employees shall be offered the opportunity to leave the bargaining unit and maintain their seniority for ninety (90) days for a maximum of one (1) time per contract year. Said employees shall be entitled to return to the bargaining unit and their former job at any time during the ninety (90) calendar day period if they so choose. Employees who remain outside of the bargaining unit beyond the ninety (90) calendar day time limit shall have their seniority broken and may only return to the bargaining unit if rehired, in which case they will be placed at the bottom of the seniority list.
22.06 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Employer shall be placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of service and who have no continuous part-time service with the Employer shall retain their full-time seniority date in the event they are reduced to part-time. Part-time employees who become full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve less than one (121) months year and who are then reduced to part-time by the Employer shall retain their original part-time seniority date. Part-time employees proceeding to full-time will be placed at the bottom of the full-time seniority list.
22.07 No full-time employee shall be laid off and/or reduced to part-time status by the Employer unless all part-time employees have been laid off first, except where such full-time employee does not possess the qualifications, skill and ability or is unwilling to perform the work required.
22.08 No new employees shall be hired by the Employer so long as there are part-time employees who have the qualifications, skill and ability and are willing to perform the work required, or so long as there are employees who are on lay-off status who have the qualifications, skill and ability and are willing to perform the work required.
22.09 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. Part-time employees shall have seniority only over other part-time employees.
22.10 The Employer shall give two (2) weeks’ notice in writing or two (2) weeks’ pay in lieu thereof, to any person whose status is to be changed by the Employer from full-time to part-time.
22.11 Daily available part-time hours of work shall be scheduled to the most senior part-time employee first and thereafter in decreasing order of seniority, providing the employee has the qualifications, skill and ability and is available and willing to work the hours.
22.12 Part-time employees shall not be employed or scheduled to the extent that it results in the case displacement or prevents the hiring of layfull-off;time employees.
22.13 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 (e) heif applicable), rate of pay, FT/she does not perform work for 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 Company for a period type of twenty-four (24) months for leave). The list will also include all employees who have terminated their employment or retired. Should any other reason other than lay-off, provided that portion of this transfer of information by the Company has met its obligations Employer be reasonably believed by either parties legal counsel to accommodate the employee under be in violation of any applicable legislation;
(f) he/she Federal or Provincial Laws, the parties will meet to discuss and amend this article, where necessary so it is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory consistent with the requirement of those laws. Employees must provide up to date information to the Company Employer and advise the Employer of any changes.
22.14 When employees are hired on the same day, their names will be placed in a hat and drawn at random. The employee whose name is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to drawn first will have his/her job provided that name appear first on the Company has met its obligations to accommodate seniority list. In the employee under any applicable legislation. It event of more than two (2) employees hired on the same day, the above process will be apply, with the responsibility of employees to provide written notification of any changes name being drawn in their address to the Human Resources Departmentorder they will appear on the seniority list.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 14.01 10.01 A seniority list will be posted by the Company for a period of fourteen (14) calendar days within one (1) month after the signing of this Agreement. After such posting, the list shall become final as to the employees' names and dates designated on it, except as to any employee who has disputed the accuracy of his seniority date while the list is posted, in which case it will be subject to an adjustment under the Grievance Procedure if established to be inaccurate. The seniority list will be brought up to date every six (6) months and a copy will be given to the Local Union and a copy posted on the bulletin board. Seniority shall be on a building(s) wide basis. It is understood and agreed that full-time seniority shall supersede part-time seniority for the purposes of an availability of work.
10.02 An employee's seniority will be lost and the employee shall be defined as deemed terminated if he:
(1) quits the employ of the Company for any reason;
(2) is discharged and is not reinstated through the Grievance Procedure or Arbitration;
(3) is laid off for a continuous period exceeding the length of uninterrupted service since his seniority at the last date time of hire with the Company. Seniority shall only be credited upon the completion of lay-off or a probationary period of ninety exceeding twenty-four (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (624) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.;
14.02 The seniority (4) failure of an employee shall be lost and his/her employment automatically terminated to report for any of the following reasons.
work within one (a1) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for week when recalled by the Company for after a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that or failure of the employee to inform the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than within three (3) consecutive working days of recall that he will report for work, unless an explanation satisfactory he has a bona fide reason; notice to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled return to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be in writing and shall be deemed to be sufficient if sent by registered mail to the employee's last known address on file with the Company and the Union. Employees may elect at the time of layoff not to accept temporary work during the lay off period without affecting their seniority status under this Agreement; it shall be the responsibility of the employee that to keep the Company has in its files for that employeeand the Union informed of his current address and telephone number;
(i5) If fails to return to work on the first scheduled day following the expiration of an employee authorized leave of absence, unless he has a valid and verifiable reason (any costs associated with medical condition verification will be at the Company's expense); or utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;
(j6) he/she fails is absent for three (3) consecutive working days without notifying the Company or is absent for this period without a valid and verifiable reason. It is the responsibility of the employee to return telephone his supervisor to notify him that he will not be reporting to work immediately after as scheduled.
10.03 When a permanent vacancy in the Company has been notified by existing job classifications in the Agreement occurs, such vacancy will be posted on the bulletin board for a doctor or Workplace Safety period of five (5) working days and Insurance Board that eligible employees will have the right to bid for the position. In selecting employees for such position, seniority shall be the governing factor where the skill and ability are sufficient and the employee is able has the required certification for the position applied for.
(a) The principle of seniority shall be maintained in the reduction and restoration of the workforce and the” senior employees shall be entitled to return to his/her job preference over junior employees provided that the Company has met its obligations senior employees have the ability and qualifications to accommodate perform the employee under any applicable legislationavailable work. It is agreed that probationary and part-time employees shall be laid off prior to any decrease in hours or layoff of a full-time employee within the classifications of this Agreement;
(b) when temporarily recalled, laid off employees will be given preference of available hours of work before part-time employees;
(c) employees who have not forfeited their seniority rights as hereunder provided shall be recalled in order of seniority, skill and ability being sufficient;
(d) if an employee is transferred from one department to another, there shall be no loss of seniority;
(e) a departmental seniority list shall be placed on the responsibility bulletin boards and will be revised by the Company every six (6) months. Copies of these lists shall be forwarded to the Union Office;
(f) in the event a sufficient number of qualified laid off employees do not elect to work available hours to meet the Company’s staffing requirements, part-time employees, as defined in Appendix “A”, may be used, failing which the Company may have the work completed by whatever means it deems appropriate.
10.05 In the event of a layoff of five (5) consecutive working days or more, the Company agrees to advise seniority employees affected at least five (5) days prior to the start of such lay off. The Union shall be notified in advance of such layoffs.
10.06 A maximum of two (2) Stewards shall be the last persons to be laid off provided that they have the ability and qualifications to perform the available work.
10.07 In regard to any claim by an employee that he maintains seniority during a period of personal illness, it is understood that the Company shall have the right to require any employee affected to provide a satisfactory medical certificate.
10.08 It shall be the duty of employees to provide written notification notify the Company and the Union promptly in writing of any changes change in their address address. If an employee shall fail to do this, the Human Resources DepartmentCompany and the Union will not be responsible for failure of any notice to reach such employee.
10.09 If a full time employee is informed before his quitting time that there is no work available for him on his next shift, there shall be no part-time employees worked on his shift on that day he is laid off. This principle may be advanced on a daily basis. Any full time employee who is not required on his regular shift on a daily basis shall be given the opportunity of performing available part-time work, for which he is qualified, and shall be entitled to eight (8) hours work and/or pay.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 14.01 32.01 Seniority, as referred to in this Agreement, shall mean the length of continuous service with the Employer since the date of last hiring with the Employer. A new employee shall be subject to a probationary period as set out in Article 30 – Probation. Upon successful completion of the probationary period, the employee will be credited with seniority from the initial date of hire. It is agreed that work on any part of a day counts as a day worked for the purpose of completion of the probationary period.
32.02 Seniority for part-time employees shall be calculated on a
32.03 The seniority continuous service of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only deemed to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically with the Employer shall be terminated for any of the following reasons.if he/she:
(a) resigns;
b) is discharged;
c) is absent for three (3) or more scheduled consecutive days of work without notifying the Employer, unless he/she quits provides a satisfactory reason for his/her employmentfailure to so notify the Employer;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company is laid off for a period of twelve (12) months in the case of lay-offor longer;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return notify the Employer within ten seven (107) calendar days of mailing receipt of notification notice of recall, or fails to returnreport within seven (7) calendar days from receipt of such notice, or at the date specified in the recall notice as the case may be. Such mailing shall Notice of recall may be by telephone or e-mail, and may be confirmed by registered mail to the employee’s last address of registered with the employee that Employer. If notice is sent by registered mail, it shall be deemed to have been received on the Company has in its files for that employeesecond day following registration;
(if) If an employee utilizes a any leave of absence for purposes a purpose other than those that for which it the leave was granted;
(j) he/she , or fails to return to work immediately after the Company has been notified by expiry of a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility leave of employees to provide written notification of any changes in their address to the Human Resources Departmentabsence.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The That a single seniority list as of an employee shall January 1, 1998 will be established based on accumulated seniority for each member as of December 31, 1997.
10.01 Seniority is defined as the length of uninterrupted continuous service since the last date of hire with the Companyexisting Employer or a predecessor Separate School Board. Seniority shall only accumulate on the basis of the regular hours worked in relation to the normal full time hours for the position and prorating the annual service seniority credit accordingly.
10.02 An employee will be credited upon considered on probation and will not be subject to the seniority provisions of this Agreement, nor shall his/her name be placed on the seniority list, until after he/she has completed sixty (60) working days of employment with the Board. Upon completion of such probationary period, the employee's name shall be placed on the seniority list with seniority dating from the date he/she was hired by the Board. The dismissal of a probationary period employee shall not be the subject of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementa grievance.
14.02 The 10.03 Notwithstanding Clause 10.04 of this Collective Agreement, a person shall lose all seniority of an employee and shall be lost and hisdeemed to have terminated employment with the Board if he/her employment automatically terminated for any of the following reasons.she:
(a) he/she voluntarily quits his/her employment;the employ of the Board; or
(b) he/she retires;is discharged and such discharge is not reversed through the Grievance Procedure; or
(c) he/she fails to report for work within ten (10) working days after being notified by registered mail by the Board to report for work, unless a satisfactory reason is discharged for just cause and is not reinstated;given; or
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation a satisfactory to the Company reason is given by the employee;given; or
(ge) if is absent due to lay-off for more than two (2) years; or
(f) fails to return to work upon termination of an employee overstays a vacation or authorized leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation a satisfactory to the Company reason is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee or utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;, unless a satisfactory reason is given; or
(jg) after the expiry of an accumulated sick leave, if he/she fails to return is unable to work immediately after due to incapacity from illness or injury for a period exceeding two (2) years.
10.04 Seniority shall be maintained but shall not accumulate during leaves of absence for any reason in excess of three (3) months except in the Company has been notified by case of Board approved Union leave, maternity/paternity leave, adoption leave, parental leave, absence while in receipt of WSIB benefits, and absence while on LTD benefits during which time(s) seniority will accumulate.
10.05 No employee shall be transferred to a doctor or Workplace Safety and Insurance Board that position outside the employee is able to return to bargaining unit without his/her job provided that consent.
10.06 The Board shall notify the Company Union of the names and seniority dates of all new employees. The Board shall further notify the Union when a probationary employee has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentbeen terminated.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an employee 10.01 Seniority shall be defined as length of uninterrupted continuous service since the last date of hire as a full time employee with the Company. Seniority shall only .
10.02 An employee will be credited upon considered probationary for the completion of a probationary period of first ninety (90) calendar days for full- time and four worked or seven hundred and eighty-seven and one half twenty (487.5720) hours worked and will have no seniority rights during that period. After ninety (90) days worked or six seven hundred and twenty (6720) monthshours worked, whichever comes first, for part- time. Seniority rights will apply only his/her seniority shall date back to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and day on which his/her employment automatically began. The employment of a probationary employee may be terminated for any reason in the discretion of the Company.
10.03 Seniority rights shall cease and employment shall be terminated for any of the following reasons.:
(a) he/she If an employee voluntarily quits his/her employmentthe employ of the Company;
(b) he/she retires;
(c) he/she If an employee is discharged for just cause and such employee is not reinstatedreinstated pursuant to the provisions of the grievance procedure;
(c) If an employee overstays a leave of absence or remains away from work without permission for a period of more than two (2) consecutive working days without notifying the Company;
(d) he/she does not perform If an employee fails to report for work for within seven (7) working days after the Company for a period registered mailing date of twelve (12) months in the case notice of lay-offrecall;
(e) he/she does not perform work for the Company If an employee has been on layoff for a period equal to his accumulated seniority at the date of layoff, or twenty-four (24) months for any other reason other than lay-offmonths, provided that whichever is lesser.
10.04 It shall be the duty of all employees to promptly notify the Company has met its obligations in writing of any change of their address or telephone number. If any employees should fail to accommodate do this, the employee under Company will not be responsible for failure of any applicable legislation;notice, including notice of recall, to reach such employee.
(f) he/she is absent from work without permission for more than 10.05 Seniority lists shall be provided every three (3) consecutive working days unless an explanation satisfactory months. A copy shall be posted on the bulletin board and one copy provided to the Company plant Chairperson. If the seniority list is given by the employee;
not objected to within a seven (g7) if an employee overstays a vacation or leave day period of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing posting, it shall be by registered mail to the last address of the employee that the Company has in its files deemed conclusive for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentall purposes.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 12.01 The seniority last employee hired shall, in the case of an employee layoff, be the first laid off and the last laid off shall be defined as length the first rehired provided the senior employee is qualified and capable of uninterrupted service since performing the last date of hire with work. There shall be no bumping up.
12.02 An employee will be considered temporary for the Company. Seniority shall only be credited upon the completion of a probationary period of ninety first one hundred and eighty (90180) calendar days for full- time and four will have no seniority rights during that period. After one hundred and eighty-seven and one half eighty (487.5180) hours worked or six (6) monthscalendar days, whichever comes first, for part- time. Seniority rights will apply only his seniority shall date back to the extent expressly provided in this agreementday on which his employment began.
14.02 The seniority 12.03 Employees who have been laid off due to lack of an employee shall be lost work and his/her employment automatically terminated for any subsequently re-employed will have their length of service determined by the following reasonsactual time they have been on the Company's payroll, provided such employees return to work when notified, and subject to the conditions of Section 12.06.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company 12.04 Any employee who has been laid off for a continuous period of twelve (12) months or more will lose any previously acquired seniority and will be rehired only as a new employee.
12.05 Any employee who has been laid off, but who still retains his seniority, and who is notified to return to work, will lose his seniority unless he notifies the Company within five (5) days that he is intending to return to work and unless he returns to work as soon as possible after receiving notification, and in any event, within seven (7) days after the case mailing or other communication of lay-offsuch notice. Such notification shall be by telephone, confirmed by a letter, sent by a Courier Service.
12.06 An employee shall lose his seniority and employment will be terminated if he:
(a) voluntarily quits;
(b) is discharged and not reinstated through the Grievance and Arbitration Procedures;
(c) is absent from work for three (3) consecutive days without a valid reason;
(d) overstays an authorized leave of absence without valid reason;
(e) he/she does not perform fails to report for work for within seven (7) calendar days after the date when a notice of recall to full-time work has been sent by the Company for a period by courier to his last address on file.
12.07 Seniority as referred to in this Agreement shall mean length of twenty-four (24) months for any other reason other than lay-offcontinuous employment in the Bargaining Unit, provided that dating from the Company has met its obligations to accommodate date the employee under was last hired as a member of the Bargaining Unit.
12.08 Seniority lists will be revised each six (6) months; a copy of the lists will be posted in the plant and a copy given to the Union and unless objected to within seven (7) days, shall be deemed to be conclusive.
12.09 In the event that any applicable legislation;
(f) he/she is absent from work without permission for more than employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of this Agreement, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated during the first three (3) consecutive working days unless months while serving in such supervisory or confidential capacity. Such an explanation satisfactory employee shall be permitted to return to the Company is given by Bargaining Unit to the employee;route he held at the time of promotion:
(ga) if the route he held at the time of promotion is held by an employee overstays a vacation or leave with less seniority; and
b) the route he held at the time of absence without securing promotion is largely intact; and
c) the extension of such leave of absence or vacation return is within three (3) months from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;date of his promotion.
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing 12.10 It shall be by registered mail to the last address duty of the employee that to notify the Company has in its files for that employee;
(i) and the Union promptly of any change of address and telephone number. If an the employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after do so, the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able Union shall not be held responsible for failure to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreach such employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Agreement
SENIORITY. 14.01 The 9.01 An employee will be on probation and shall not acquire seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of until after one hundred and fifty (150) worked hours or ninety (90) calendar days for full- time and four hundred and eighty-seven and during one half (487.5) hours worked or six (6) monthsperiod of employment, whichever comes first, for part- timeand shall then count from the date of employment with the Company. Seniority rights will apply only to Notwithstanding the extent expressly provided in this agreement.
14.02 The seniority of foregoing, an employee hired at the time of a new store opening will be on probation and shall be lost not acquire seniority until after ninety (90) days during one period of employment, and his/her shall then count from the date of employment automatically terminated for any of with the following reasonsCompany.
(a) he/she quits his/her employment;The Company shall prepare by store and post a part-time employee seniority list at least once every six months.
9.02 Seniority shall be lost and employment deemed to be terminated if the employee:
(a) Voluntarily quits.
(b) he/she retires;Is discharged for cause and the discharge is not reversed through the Grievance Procedure.
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company Is laid off for a period of twenty-four six (2426) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;consecutive weeks.
(fd) he/she is absent from Fails to return to work at the expiration of a Leave of Absence, without permission a reason satisfactory to the Company.
(e) Has an unreported absence for more than three (3) consecutive scheduled working days unless without a satisfactory reason.
9.03 Seniority for all purposes will be on an explanation satisfactory individual store basis except as provided for herein.
(a) In the event a store closes, laid off employees of the store that is closing may bump employees with less seniority in other stores, providing they apply within one week of the notification of store closure. Upon completion, they will be integrated in the same department and/or job as soon as possible. In this case they will be credited with seniority equal to their seniority in the closed store. Should such store closing result in the reduction of the scheduled hours of an employee to the extent that such hours are less than those of a junior employee in one of his two (2) closest stores, such employee may request to bump into one of his two (2) closest stores. Such request must be made in writing to the Store Manager within four (4) weeks of the reduction of hours. Such bump shall be implemented within two (2) weeks following the request. In this case they will be credited with seniority equal to their seniority in their previous store.
(b) If a new store opens in the area, employees on lay-off will be offered the first opportunity for employment, providing they apply, and will carry their seniority.
(c) When additional full-time employees are required the Company is given will give preference to part-time employees, provided that such employees have indicated their prior interest by completing and forwarding to the Labour Relations Department a form supplied by the employee;
(g) if an Company. The employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation will receive confirmation in writing from the Sales Manager or Human Resources Manager unless an explanation satisfactory Company within two (2) weeks of receipt by the Company of the request. In order for such form to be valid, employees must submit / renew it in June each year by completing the form and forwarding it to the Company Labour Relations department. The employee must indicate on the form the store(s) of interest. The Labour Relations department shall confirm receipt of each form within four (4) weeks of its receipt. In the application of the above it is given agreed that such positions will be filled on the basis of seniority, skill and qualifications for the job concerned and availability for work.
9.04 Although not a requirement employees may complete a form, provided by the employee;
(h) if an Company, indicating their interest in training within their store. Such training shall be assigned to the senior employee who is recalled has applied in writing, providing the employee has the skill and qualifications to work fails warrant the training.
9.05 When the Company advances a part-time employee to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to regular full-time employment, the last address seniority date and classification of the employee shall be posted on the bulletin boards of all stores covered by the Agreement.
9.06 In the event a part-time employee moves from an existing store to a new store, he will retain his seniority in his original store for a period of nine (9) weeks during which time he will have the option to move back should he so desire. In the event he decides to stay in the new store he shall carry his full seniority.
(a) In the event the Company opens a new store, part time employees of the stores within the appropriate District Manager's territory shall be given first opportunity to transfer to the new store on the basis of seniority, providing they have the skill and qualifications for the job concerned, and they apply at least two (2) months in advance of the store opening. When additional full time employees are required in the case of a new store opening, the Company will give preference to part-time employees of all stores covered by this Agreement, on the basis of seniority, skill and qualifications for the job concerned, and availability for work, providing such employee has applied for full-time employment at least two (2) months prior to the opening of the new store.
9.07 Service with the Company, which means the total length of time an employee has worked for the Company in all stores will be continuous, regardless of seniority, in order that total service will be the determining factor for Vacations and Wage Rates.
9.08 An employee attending university in another community, who applies for work at a store in that community, shall be employed and given such work as is available on the basis that the Company has in its files for employee's seniority is that employee;
of a new hire. The employee may transfer back to his home store with continuous seniority provided he returns within two (i2) If an weeks of the completion of his school year each year. This will not apply if the employee utilizes invokes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentArticle 12.03.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an 12.01 An employee shall be defined considered a probationary employee and shall have no seniority rights until he/she has completed ninety (90) consecutive days employment, when his/her name shall be placed on a seniority list as length of uninterrupted service since the last date of hire with his/her employment, provided that an employee who completes intermittent employment to the Company. Seniority shall only be credited upon the completion of a probationary period extent of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half within any period of twelve (487.512) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee consecutive months shall be lost and have his/her employment automatically terminated name placed on a seniority list as of three (3) months prior to the date on which he/she shall have attained seniority.
12.02 An employee's seniority rights shall cease for any one of the following reasons.:
(a) he/she If the employee quits his/her employment;
(b) he/she retiresIf the employee is discharged and such discharge be not reversed through the grievance procedure;
(c) he/she is discharged If the employee fails to report for just cause and is not reinstated;work for five (5) consecutive working days without having notified the human resources department of the company giving satisfactory reasons for such absence.
(d) heIf the employee fails to return to work within five (5) consecutive working days after notification so to do to his/she does not perform work her address on the records of the company, without having notified the human resources department of the company giving satisfactory reasons for the Company for a period of twelve (12) months in the case of lay-offsuch absence;
(e) he/she does If the employee is not called upon to perform work for the Company company for a period of twentythirty-four six (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (336) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays months or for a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return period equal to his/her job provided seniority at the date when he/she last performed work for the company, whichever shall be the greater; provided, however, that for a seniority employee at work on or after December 19, 1982, seniority rights shall cease if the employee is not called upon to perform work for the company as follows: Seniority at Date Seniority Ceases if Not Last Performed Work Called Upon to Perform For the Company has met its obligations Work for the Company for: 2 years but less than 3 years 48 months 3 years but less than 4 years 60 months 4 years but less than 10 years Period equal to accommodate the employee under any applicable legislation. It will be the responsibility of employees seniority plus 12 months 10 years but less than 11 years 132 months 11 years and more Period equal to provide written notification of any changes in their address to the Human Resources Department.seniority
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 14.01 The seniority 7.01 Seniority shall be the total service of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon , accumulated while the completion employee is actually at work and during such periods of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementabsence as are defined herein.
14.02 The seniority of an 7.02 A new employee shall be lost on probation for a period of 720 hours worked. He shall be placed on the seniority list using the first work day as the seniority date. In the event that more than one employee starts employment on the same day, they shall be placed on the seniority list in alphabetical order using their surname.
7.03 An employee shall cease to have seniority rights and his/her employment automatically his employee status with the Company shall be terminated for any of the following reasons.all purposes when he:
(a) he/she quits his/her employmentleaves the Company voluntarily (includes retirement);
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstatedcause;
c) is absent from work for more than two (2) consecutive working days without satisfactory explanation
d) he/she does not perform work for the Company is laid-off for a period exceeding his accumulated seniority at the time of lay- off, with a minimum of twelve (12) months in the case and a maximum of laythirty-offsix (36) months;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to beyond the Company is given by the employee;
(g) if an employee overstays a vacation or period of any leave of absence granted by the Company, without securing the extension of such justifiable cause. Employees absent from work due to sickness and accident shall automatically be considered to be on leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to absence, providing the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes may require a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by doctor's certificate confirming such sickness and accident and a doctor or Workplace Safety and Insurance Board further certificate that the employee is able to return to his/her job work;
f) fails to return to work from layoff at the time specified by the Company, by oral notice or telephone confirmed by registered letter to his last address recorded with the Company. The Company is prepared to consider justifiable cause, other than failure to report change of address, in the administration of this Clause, provided that an employee shall notify the Company has met its obligations of his intention to accommodate return to work within two (2) working days of the receipt of such registered letter;
7.04 a) An employee under any applicable legislation. It will be who leaves the responsibility Bargaining Unit to accept another position with the Company shall stop accumulating seniority as of employees to provide written notification the date of any changes in their address his transfer and shall forfeit accumulated seniority unless he returns to the Human Resources DepartmentBargaining Unit within three (3) months of such transfer except as noted below.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an employee (a) Seniority shall be defined as length of uninterrupted service since the last date of hire continuous employment with the CompanyCompany in the bargaining unit. Seniority shall be effective only after an employee has completed her probationary period, and shall be credited upon computed from the completion date of a her first employment.
(b) The probationary period of ninety for part-time employees will be five hundred (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5500) hours worked or six (6) months, whichever comes first, for part- time. worked.
10.02 Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of shall be terminated and an employee shall be lost and his/her employment automatically terminated for any of the following reasons.deemed to have quit if he or she:
(a) he/she quits his/her employmentis duly discharged by the Company;
(b) he/she voluntarily quits or resigns or retires;
(c) he/she is discharged has been laid off or promoted out of the bargaining unit continuously for just cause and is not reinstateda period of more than twelve (12) months. Upon return from layoff an employee will be provided a 14 day familiarization period to the responsibilities of their position;
(d) he/she is called back to work by registered mail to her last known address after a layoff and does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing the date on which the registered letter of notification to returncall back was mailed by the Company. Such mailing shall be by registered mail to The employee is responsible for advising the last address Human Resources Department, in writing, of the employee that the Company has any change in its files for that employeeher address;
(ie) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after on the completion of an authorized leave of absence, unless such failure is due to provable sickness.
(f) is absent without leave for three (3) consecutive shifts and fails to advise the Company has been notified by without a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility legitimate reason.
(a) Part-time employees who are desirous of becoming full-time employees to provide written notification of any changes in their address to shall inform the Human Resources Department, on or about November 15 of each year using the proscribed form. Confirmation of receipt will be returned to the employee.
(b) Where more than one part time employee is desirous of becoming a full time employee the Company shall take into account:
(i) The ability and qualifications of the individual to fulfil the requirements of the job,
(ii) The seniority ranking of the applicants,
(iii) where ability and qualifications of candidates are relatively equal, seniority shall govern.
(a) A part time employee hired to full time status shall be credited with one- half (½) of their calendar years of part-time service to a maximum credit of two (2) years.
(b) In the event of a full-time employee's status is changed to part-time, the employee will be granted her length of continuous service with the company as a new part-time seniority date.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The (a) Seniority for full time employees shall mean length of continuous service in the employ of the Employer since the most recent date of hire.
(b) Seniority for part-time employees shall mean the number of hours worked since the most recent date of hire.
11.02 Separate seniority lists shall be maintained for permanent full time and permanent part-time employees by the Employer. A copy of each seniority list will be supplied to the Union during April and September of each year. If there are no objections to the accuracy of the list raised within thirty (30) calendar days from the date the list was provided to the Union, it shall be accepted as correct for all purposes.
11.03 Seniority shall be retained by an employee in the event she is transferred from full time to part-time or vice versa. In the case of an employee whose status is changed from part-time to full time, she shall be defined as length receive credit for seniority on the basis of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) 1800 hours worked or six equals one (61) months, whichever comes first, for part- timeyear of seniority. Seniority rights will apply only to In the extent expressly provided in this agreement.
14.02 The seniority case of an employee whose status is changed from full time to part-time, she shall receive credit for seniority on the basis of one (1) year of seniority equals 1800 hours worked.
11.04 An employee shall lose all seniority and shall be lost and his/her employment automatically deemed terminated for any of the following reasons.if:
(a) he/she employee quits his/her employmentor resigns;
(b) he/she retiresemployee is discharged and the discharge is not reversed through the Grievance or Arbitration Procedures;
(c) he/she employee is discharged absent from scheduled work for just cause and is not reinstateda period of two (2) or more consecutive days without notifying the Employer of such absence or providing a reason satisfactory to the Employer;
(d) he/she does not perform employee fails to return to work for upon the Company for expiration of a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes utilize a leave of absence for purposes a purpose other than those that for which it was granted;
(je) he/employee has been laid off for eighteen (18) months or more;
(f) employee fails, upon being notified of a recall, to respond to the recall within three (3) days after she has received the notice of recall, or fails to return report to work immediately within five (5) days after she has received the Company has been notified by a doctor or Workplace Safety and Insurance Board that the notice of recall;
(g) employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address absent from work for twenty-four (24) months or more subject to the Human Resources DepartmentRights Code.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The 1. Seniority is defined as the length of time an Employee has been continuously employed on a full time basis by the Employer including all positions outside of the bargaining unit. Part time Employees accrue pro-rata seniority.
2. An Employee’s seniority shall commence on the date of his/her last hire, and shall accrue during his/her continuous employment with the Employer.
3. An Employee shall neither accrue nor lose seniority while he/she is on layoff or an employee unpaid leave of absence or any absences while he/she is not being paid by the Employer.
4. An Employee shall lose seniority, and seniority shall be defined as length of uninterrupted service since broken if the last date of hire with the Company. Seniority shall only be credited upon the completion of Employee
a. Voluntarily resigns; or
b. is discharged; or
c. fails to report to work after a probationary period of ninety layoff within fourteen (9014) calendar days after recall sent certified mail by the Employer to the Employee at his/her address of record on file with the Employer, except where verifiable serious illness or other provable reason acceptable to the Employer makes it impossible for full- the Employee to return on time and four hundred provided the Employee notified the Employer of the reason within three (3) days after recall; or
d. fails to report to work at the expiration of a leave of absence pursuant to this Agreement, except where verifiable serious illness or other provable reason acceptable to the Employer makes it impossible for the Employee to return on time and eightyprovided the Employee notifies the Employer of the reason within three (3) days prior to expiration of the leave of absence; or
e. fails to apply for re-seven employment within the statutory period after separation from military service; or
f. is laid off for twelve (12) months.
5. An Employee whose seniority is lost for any of the reasons outlined in Paragraph 4 above shall be considered as a new Employee if he/she is again employed by the Employer. The failure of the Employer to re-hire said Employee after the loss of seniority shall not be subject to the grievance and one half (487.5) hours worked or arbitration provisions of this Agreement.
6. Upon written request by the Union, the Employer will provide an updated seniority list to the Union every six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 14.01 The seniority of an employee 5.01 Seniority shall be defined as the length of uninterrupted continuous service since in the last date of hire bargaining unit a full time or part time employee has established with the Company. Seniority Corporation and shall only be credited upon accrue from the completion date the full time or part time employee last entered the employ of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementCorporation.
14.02 The 5.02 Temporary employees shall not accumulate seniority of an except that a full time or part time employee shall be lost granted seniority for the period served as a probationary employee in accordance with the provisions of Article 6.
5.03 An employee shall lose his seniority and his/her employment automatically terminated for any of his name removed from the following reasons.records if he:
(a) he/she quits his/her employmentvoluntarily;
(b) he/she retiresis discharged for just cause, subject to being reinstated through the grievance procedure;
(c) he/she is discharged for just cause and is not reinstatedretires;
(d) he/she does not perform work for the Company is laid off for a period of exceeding twelve (12) months in the case of lay-offconsecutive calendar months;
(e) he/she does not perform fails to report for work for after a layoff within five (5) working days of recall notice by registered mail to the Company for a period of twenty-four (24) months for any other reason other than lay-offlast address, provided that the Company has met its obligations to accommodate which the employee under any applicable legislationhas filed with the Corporation unless the employee provides the Corporation with documented evidence of sickness or other unavoidable reasons for not reporting for work;
(f) he/she is absent from work without permission for more than three (3) consecutive working days or more, unless an explanation satisfactory to the Company is given by employee provides the employeeCorporation with documented evidence of sickness or other unavoidable reasons for not reporting for work;
(g) if an employee overstays is absent due to non-occupational illness or injury for a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeperiod exceeding eighteen (18) months;
(h) if an is absent due to occupational illness or injury for a period exceeding 24 months.
5.04 An employee who is recalled to shall maintain Corporation Service at the level attained when absent from work fails to return within ten for the following reasons:
(10a) leave of absence in excess of thirty (30) calendar days of mailing of notification to return. Such mailing shall be granted by registered mail to the last address written permission of the employee that the Company has in its files for that employeeCorporation;
(ib) If an employee utilizes during a layoff for a period of up to twelve (12) consecutive calendar months;
(c) for a period of sickness or disability.
5.05 The Corporation will compile a seniority list every twelve (12) months and post on the bulletin board. A copy of this seniority list shall be forwarded to the Local Union Business Representative by the end of January of each year.
5.06 An employee, while on approved leave of absence for purposes other than those for which it was granted;
(j) hefamily/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety medical emergency/pregnancy/parental and/or adoption leave purposes, shall maintain and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentaccumulate seniority.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority of an 1) An employee shall be defined as length acquire seniority status after he has been in the employ of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of Company for a probationary period of ninety (90) calendar consecutive days. On completion of his probationary period, his seniority date shall be the date of his commencing work for the Company and shall accumulate thereafter.
2) Seniority accumulated, as defined above, shall be broken for the following reasons and the employee's name shall be removed from the seniority list:
a) If the employee quits;
b) If the employee is discharged, and the discharge is not reversed through the grievance procedure;
c) If the employee is absent for more than his period of employment or 90 days, whichever is less, (except through illness or accident) confirmed by a doctor's certificate, or for a leave of absence in writing granted by an official of the Company; For employees of the Company at January 21, 2005, article 14(2)(c) will remain in effect in its current form. It is understood that any such current employees who have their names removed from the seniority list by operation of article 14, if rehired by the Company will be rehired as new employees, with the amended provisions of Article 14(2)(c) applicable to them.
d) If an employee on official leave of absence no longer pays union dues or is ineligible to receive a union withdrawal card or an unemployment stamp.
e) If the employee on lay-offs fails to report for work within one day after having been so notified either verbally or by telephone or registered mail or telegram at his last known address or telephone number. It shall be the responsibility of the laid-off employee to inform the Company in writing of current address and telephone number. If the employee calls within the seven days he retains his seniority. However, he has no right to bump the employee who took the job the call was for. We will run down the full seniority list of his trade before we call him again for full- time another job. If the employee refuses three consecutive recalls, of 5 days work or longer, during a layoff period he loses his seniority.
f) When an employee accepts a position in the Company, outside the bargaining unit, and four hundred such position extends beyond one (1) year then they will lose all rights to return to the bargaining unit with seniority. If they return to the bargaining unit company service will only determine any benefit rights accruing, they will not be able to use such service to affect a bargaining unit employee.
3) If a person is on official leave of absence for more than one month, unless it is for union business, attendance at an educational institution or illness covered by a medical certificate, he shall not accumulate seniority while on such leave or absence.
4) Layoffs will be conducted according to the seniority list. Employees with seniority shall have the right to displace a junior employee provided that the senior employee is qualified and eightycapable of doing the work available. For the purpose of lay-off only, all Union Committee Members, shall have top seniority during their term of office, provided they are qualified and capable to do the work that is available. This is to exclude Shop Stewards. Employees laid off seven (7) working days or less shall be laid off according to the seniority list on the job site. Senior employees shall have the right to bump junior employees on the job site provided they are qualified and one half (487.5capable of doing the work available. Employees who are not recalled by 2:00 P.M. of the seventh working day of their layoff shall have the right to bump the junior employee on the Company's seniority list. If a customer advises the Company that an employee is barred from their premises for just cause the employee concerned and the Union shall be advised in writing. The employee will then not be able to exercise seniority in that plant, or on the job site.
5) hours worked or six (In all cases of recall, employees shall be recalled in the reverse order of the layoffs on the basis of their seniority.
6) monthsLaid off employees unable to report to work because of sickness or military service will be carried on as laid off and listed accordingly to their seniority.
7) Seniority lists shall be updated each time there is a change and said list shall be posted on the Bulletin Board for the convenience of the employees, whichever comes first, with a copy for part- timeeach committee person. Seniority rights will apply only Such posting to be done no sooner than one month after a change and any other changes that have occurred after the 1st change and prior to the extent expressly provided posting will be included in this agreementthe updated posting for the month.
14.02 The seniority of an employee 8) Employees to be laid off shall be lost and his/her employment automatically terminated for any given at least one hour's notice of layoff or one hours' pay in lieu.
9) The Company will notify the Union Committee Chairman in writing of all employees who are laid off and/or recalled. Such information will be provided within three (3) working days of "such action being taken", or earlier if requested specifically by the Union Chairman.
10) Members will be called according to their seniority by the employer with a member of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) union committee being present. If a member cannot be reached then the next member is called. This procedure will continue until a member is reached and is willing to report to work. If a member is reached that is out of seniority, that member will be advised that he/she is discharged for just cause being recalled out of seniority and is not reinstated;
(d) will be subject to the bumping rights of any member in his trade that has more seniority after he/she has worked at least five (5) consecutive days or at the termination of the emergency work, whichever is less. The Union Committee members will attempt to reach the more senior members and advise them to call the employer and advise them of their intent to bump the recently hired member. The employer will also try to contact the members that were not reached. If after seven (7) working days a member with more seniority cannot be reached then they will lose their bumping rights and must then wait for the next recall. Note: This does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentway affect Article 14 "Seniority" Section 2e.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority 15.01 Seniority shall mean an Employee's length of an employee continuous service with the Company and any predecessor Company for the Client. Seniority for purposes of lay-off, job posting, request for vacation, but not amount of vacation, shall be defined as length the date of uninterrupted service since hire with the last Company and any predecessor Company for the Client. Seniority for all other purposes shall be the date of hire with the Company. .
15.02 Seniority shall only lists will be credited upon prepared by the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsUnion, whichever comes first, for part- time. Seniority rights will apply only presented to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall Company and will be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for posted by the Company for a period of fourteen (14) calendar days within one (1) month after the signing of this Agreement. After such posting, the list shall become final as to the Employee's names and dates designated on it, except as it relates to any Employee who has disputed the accuracy of his seniority date while the list was posted, in which case it will be subject to any adjustment under the Grievance Procedure if established to be inaccurate. Seniority will be brought up-to-date every twelve (12) months in and a copy will be given to the case ▇▇▇▇▇▇▇ of lay-off;the Local Union and a copy posted on the bulletin board. All Employees will be on probation until they have completed three (3) months with the company.
(e15.03 An Employee's seniority will be lost if he:
a) he/she does not perform work for quits the employ of the Company for any reason;
b) is discharged and is not reinstated through the Grievance Procedure or Arbitration;
c) is laid off for a continuous period exceeding twelve (12) months;
d) fails to return to work within three (3) working days of being notified of recall. An Employee shall be deemed to be notified of recall on the second (2nd) day following the posting of a registered letter to that effect addressed to the Employer's most recent address on the Company's files; Note: It shall be the responsibility of the Employee to keep the Company informed of his current address and telephone number.
e) fails to return to work on the first scheduled day following the Expiration of an authorized leave of absence unless the Employee notifies the Company in writing at least twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations Hours in advance to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless request an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave the Leave of absence Absence, or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it the leave of absence was grantedgranted unless such notice is not possible because of emergency situations;
f) is absent for five (j5) he/she fails to return to work immediately after consecutive working days without notifying the Company has been notified by or is absent for this period without a doctor reason satisfactory to the Company in its sole discretion;
g) retires or Workplace Safety is retired.
15.04 In the cases of increases or decreases in the work force, and Insurance Board that subject to the employee is able provisions in Article 6 – Reduction of Work, senior Employees shall be entitled to return to his/her job preference over junior Employees provided that the senior Employee has the ability and qualifications to perform the available work. Seniority rights shall not be exercised, however, to displace an Employee in a higher-rated classification. It is agreed that probationary Employees will be laid off first.
15.05 In regard to any claim by an Employee that he maintains seniority during a period of personal illness, it is understood that the Company has met its obligations shall have the right to accommodate require any Employee affected to provide a medical certificate satisfactory to the Company.
15.06 It shall be the duty of Employees to notify the Company promptly in writing of any change in their address. If an Employee fails to do this, the Company will not be responsible for failure of any notice to reach such Employee.
15.07 When a member of the bargaining unit applies for and is hired at another Company worksite, the employee under any applicable legislationshall carry their seniority from one worksite to another. It will There shall be the responsibility no probationary period. The employee shall apply within thirty (30) days of employees to provide written notification of any changes in their address to the Human Resources Departmentrelocation.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority 9.1: Seniority of an employee a new Command Officer shall be defined as length commenced after the Officer has completed his probation period of uninterrupted service since one (1) year and shall be from the last date of hire with the Companypromotion. Seniority An officer shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time forfeit his seniority rights and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee his employment shall be lost and his/her employment automatically terminated for any of the following reasons.following:
(a) he/she quits his/her employment;
(b) he/she retires;
(c) heA. He/she is discharged dismissed for just cause and is not reinstated;.
(d) B. If he/she does not perform work is absent without leave for three (3) consecutive workdays without justifiable reason, at which time his/her employment shall be considered voluntarily terminated also.
C. He/she gives a false reason to obtain a leave.
D. He/she retires or resigns.
E. Seniority shall terminate with exhaustion of leave time subject to Section 8-A of this article.
F. He/she is laid off during the Company term of this agreement, continuously, for a period of twelve one (121) months in the case of lay-off;
(e) he/she does not perform work for the Company for year, or a period of equivalent to his/her seniority, whichever is longer, but in no event shall this period exceed twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;months.
(f) heG. He/she performs no work for the Public Safety Department as a result of a disability for a period of two (2) years or length of service, whichever is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory less.
1. A command Officer who has exhausted his leave time, due to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee disability, but who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety recovered and Insurance Board that the employee is able to return to his/her job work within two (2) calendar years from the last day he actually worked, may exercise his seniority and displace the most junior Command Officer. The junior Command Officer who was bumped shall not have the right to grieve his displacement.
2. A Command Officer who has exhausted his leave time, due to a disability, but who has recovered and is able to re-qualify after two (2) calendar years from the last day he actually worked, shall have lost his seniority but may return only if there is an opening for a Command Officer in the department.
3. In subsection (B) above, it shall be the former employees' obligation to make application. Upon return to work or re- qualifying for work, previous service credits (excluding the two (2) year period as provided that in subsection (A) and the Company has met its obligations period of time the Command Officer was absent from work due to accommodate disability as provided in subsection (B) of this Article) shall be used in computing seniority for the purpose of earning benefits. Upon return to work or re-qualifying for work, previous service credits and the period of time the Command Officer was absent from work due to disability, shall be used in computing seniority for the purposes of layoff, recall, annual vacation selection and the annual shift selection described in the Letter of Understanding regarding Shift Selection.
4. For purposes of Section B of this Article, "able to return to work" under subsection
(A) shall mean the physical or mental fitness necessary to carry out the normal functions of a Public Safety Command Officer. "Re-qualify" under subsection (B) includes the successful completion of a department orientation program on current procedures, and the certification requirements of the position. In order to be "able to return to work" or "re-qualify", the employee under any applicable legislationshall follow the procedure provided in Article XVII, Medical Examinations. It will be For purposes of subsections (A) and (B) of this Article, the responsibility of employees City may direct the Command Officer to provide written notification of any changes in their address take a physical or psychiatric examination by a physician appointed by the City, prior to returning or re-qualifying for work. Any dispute between the City and the Union with respect to the Human Resources Departmentemployees' physical or mental fitness shall be resolved according to the procedure established in Article XVII, Medical Examinations and the Grievance Procedure, if necessary. The City will make a reasonable effort to notify the former employee when a position becomes available.
I. Separation from employment as a Command Officer due to a permanent disability.
J. Failure to return to work within three (3) calendar days following recall with two (2) weeks written notice.
K. Choice of vacations shall be on a seniority basis per the needs of the department.
L. In the event of layoffs, Public Safety Command Officers shall be laid off in inverse order of seniority. Any such laid-off Command Officer may bump back into a Public Safety Officer position within the department, provided he/she has greater total seniority as a City employee than a Public Safety Officer who is bumped.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 14.01 The 19.01 Seniority shall mean the length of continuous service in the bargaining unit with the Employer, including time before the Union was certified to represent this bargaining unit, during which seniority is not broken under the provisions of an employee this Collective Agreement. This Article shall apply to all provisions of this Collective Agreement affected by seniority. When two (2) or more employees are hired on the same day, sequence numbers will be indiscriminately allotted and such numbers shall fix the employee’s place on the seniority list.
19.02 An Employee shall, lose his seniority and employment shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only deemed to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically have terminated for any of cause in the following reasons.circumstances:
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she if he is discharged for just cause and is not reinstated;
(db) he/she does not perform work for the Company if he resigns or retires voluntarily;
(c) if he is laid off for a period in excess of twelve (12) months in the case of lay-offconsecutive months;
(d) if, following ▇▇▇▇▇▇, he fails to return to work within seven (7) calendar days after receiving notice to do so unless on reasonable grounds he is unable to do so.
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations if an employee fails to accommodate the employee under any applicable legislation;
(f) he/she is absent from report to work without permission for more than three (3) consecutive working days unless being on a leave of absence approved by the Employer, or without an explanation satisfactory to the Company is given by the employee;
Employer, for one (g1) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files working day for that employee;
(if) If if, an employee utilizes exceeds without authorization a granted leave of absence or uses an approved leave of absence for purposes other than those given as the reason for which it was grantedthe leave;
(jg) he/she fails to if the employee is absent from work for more than twelve (12) months by reason of absence while on WCB and there is no reasonable likelihood the employee will return to work immediately after within the Company has been notified by a doctor near future, subject to any obligation under the Human Rights Code or Workplace Safety and Insurance Board that Health Act.
(h) if the employee is able to absent from work for more than twelve (12) months by reason of illness or other physical disability and there is no reasonable likelihood the employee will return to his/her job provided that work within the Company has met its obligations near future, subject to accommodate any obligation under the Human Rights Code.
(i) It shall be the responsibility of each employee to notify the Employer promptly in writing of any change of address or telephone number. Letters sent by the Employer to the last address on record or telephone calls to the last telephone number on record will be deemed to be received by the employee and shall satisfy any obligation on the Employer to provide notice to the employee under any applicable legislationprovision of this Collective Agreement.
(a) A part-time and casual employee cannot use seniority for the purpose of displacing a full-time employee.
(b) When a part-time and casual employee's status is changed to that of a full-time employee, he shall retain his seniority, and then will progress in seniority and wage rate increase, in the same manner as other full-time employees covered by the Collective Agreement. For calculation of seniority, one (1) year shall equal 1725 hours. It is understood and agreed that this calculation is for this Article only and will not be used for any other purpose in the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentCollective Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 (a) The seniority of an employee unit shall be defined as length of uninterrupted plant-wide.
(b) Seniority is continuous service since the last which shall be calculated from date of hire first employment or re-employment following a break in continuous service, whichever occurs later. When two or more employees are hired on the same day, the employee with the lowest last four (4) digits in their social security number shall be senior to the employee with the highest last four (4) digits. This paragraph is effective May 10, 1978.
(c) New employees and those hired after a break in continuity of service will be regarded as probationary employees for the first sixty (60) days of work and will receive no continuous service credit during such period. Probationary employees may file and process grievances under this Agreement, but may be laid off or discharged as exclusively determined by the Company. Seniority Probationary employees who continue in the service of the Company subsequent to the first sixty (60) days of work shall only be credited upon receive full continuous service credit from date of the completion of a probationary period of ninety most recent hiring. (90PROBATIONARY PERIOD MAY BE INCREASED THIRTY (30) calendar days ADDITIONAL WORK DAYS SUBJECT TO APPROVAL BY THE UNION.)
(d) An employee covered by this Agreement shall lose his entire seniority if:
(1) He voluntarily quits;
(2) He is discharged for full- time cause and four hundred and eighty-seven and one half (487.5) hours worked or not rehired within six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not months or reinstated;
(d3) he/she does not perform work for An employee's seniority shall be broken and his employment terminated effective on date of his acceptance of Termination benefits under the Company provisions of the Supplemental Unemployment Benefit Plan Agreement;
(4) The employee is on layoff or disability for a period of twelve (12) months in three years or 50% of his seniority attained at the case start of lay-off;such absence, whichever is less.
(e) he/she does not perform work A leave of absence for the Company for purpose of accepting a period position with The Cement, Lime, Gypsum and Allied Workers Division at the Local, district, or international level, or the AFL-CIO or any of twenty-four (24) months for any other reason other than lay-offits subordinate bodies, provided that the Company has met its obligations shall be available to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for not more than three (3) consecutive working days unless an explanation satisfactory employees from each plant at any one time. Applications for such leave shall be submitted to the Company is given by in writing thirty (30) days prior to the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension effective date of such leave of absence or vacation from to permit proper provisions to be made to fill the Sales Manager or Human Resources Manager unless an explanation satisfactory job to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to returnbe vacated. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave Leaves of absence for purposes other than those this purpose shall be for which it was granted;
an indefinite period. During such leave, seniority shall accumulate. Group insurance coverage shall be suspended after thirty (j30) he/she fails to return days of such leave. All insurance coverages will be reinstated upon returning to work immediately after with the Company has been notified by a doctor or Workplace Safety and Insurance Board that the Company. Upon returning to work such employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.reinstated on his former job, providing it is
Appears in 2 contracts
Sources: Basic Agreement (Southdown Inc), Basic Agreement (Southdown Inc)
SENIORITY. 14.01 The seniority purposes of an employee shall be this Article is to provide employees with as large a measure of security as possible, based on their continuous employment with the Employer. Seniority is defined as length of uninterrupted a bargaining unit members continuous service since with the Employer, in the bargaining unit, from the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementhire.
14.02 The Employees having less than:
a) Four Hundred and Fifty Hours (450) or b) one (1) year of service, with a minimum of one hundred (100) hours shall be considered probationary employees and will have no seniority of rights during this probationary period.
14.03 An employee shall lose all seniority and shall be deemed terminated if:
a) the employee quits;
b) an employee shall be lost is discharged and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employmentdischarge is not reversed through the grievance and arbitration procedures;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform employees absent from scheduled work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) or more consecutive working days unless an explanation without notifying the Employer of such absence and providing a reason satisfactory to the Company is given by the employeeEmployer;
(gd) if an employee overstays fails to return to work upon the expiration of a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes utilize a leave of absence for purposes a purpose other than those that for which it was granted;
e) an employee has been laid off for the lesser of his length of seniority or thirty six (j36) he/she months;
f) an employee fails upon being notified of a recall to signify his intention to return within five (5) working days after he has received the notice of recall, and fails to return report to work immediately within ten (10) working days after he has received the Company notice of recall;
g) a casual employee who has been notified by refused to work for a doctor period of three (3) months or Workplace Safety more shall be removed from the casual supply list and Insurance Board that the employee is able shall be deemed to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility terminated with loss of employees to provide written notification of any changes in their address to the Human Resources Departmentall seniority they may have acquired.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. 14.01 The seniority 12.1 - Seniority of an a new employee shall be defined as length commenced after the employee has completed his probation period of uninterrupted service since two hundred sixty (260) work days and shall be retroactive to the last date of hire with the Companyemployment. Seniority of employees hired on the same date shall only be credited upon determined alphabetically according to the completion employee’s last name at the time of a hire. If necessary, first and then middle names will also be used. The two hundred sixty (260) work days probationary period may be extended for sixty (60) work days by mutual agreement between the Union and the Sheriff. An employee’s absence from work for any of ninety the two hundred sixty (90260) calendar work days for full- time and four shall have his/her probationary period extended until he/she works the two hundred and eighty-seven and one half sixty (487.5260) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementwork days.
14.02 The 12.2 - Any employee hired on or after July 1, 1982, shall acquire seniority only as a correctional facility officer or records specialist.
(1) Any employee hired on or after July 1, 1982, shall be advised at the time of hire that he/she is being hired as a correctional facility officer and that he/she will accrue seniority only in the capacity in which he/she was hired.
(2) Nothing herein will or is intended to prevent the Employer from temporarily assigning any employee, including those hired on or after July 1, 1982, to work in another classification.
12.3 - An employee shall automatically lose his/her status as an employee shall be lost and his/her employment automatically terminated seniority for any of the following reasons:
(1) He/she resigns or retires.
(a2) he/she quits his/her employment;
(b) he/she retires;
(c) heHe/she is discharged dismissed for just cause and that dismissal is not reinstated;reversed through the grievance procedure.
(d3) He/she is absent for two (2) consecutive working days without notifying the officer in charge unless such notification is beyond the control of the employee. In proper cases, exceptions may be made by the Sheriff. After such absence, the Sheriff agrees to send written notification by certified mail, return receipt requested, to the employee at his/her last known address, with a copy to the President of the Union, that he/she does has lost his/her seniority and his/her employment has been terminated. If the disposition made of any such case is not perform work for satisfactory, the Company matter may be referred to the grievance procedure.
(4) He/she is convicted or pleads guilty or no contest to a felony. Nothing shall preclude the Sheriff from taking appropriate disciplinary action if an employee is guilty or pleads guilty or no contest to a misdemeanor.
(5) He/she has been laid off for a period of twelve time equal to his/her seniority at the time of his/her layoff or two (122) months in the case of lay-off;years whichever is less.
(e6) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails Unexcused failure to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes from a leave of absence of any kind on a specified date for purposes other than those for which it return (including sick leave), unless the failure to return was granted;due to circumstances beyond the control of the employee. The Sheriff may require verification of the circumstances.
(j7) Starting December 11, 1990, he/she fails intentionally falsifies his/her employment application record.
(8) Failure to return to work immediately after from layoff as set forth in the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will recall procedure.
12.4 - A seniority list shall be the responsibility of employees to provide written notification of any changes in their address furnished to the Human Resources DepartmentUnion by the Employer each year in January.
12.5 - If a member of this bargaining unit is promoted to a position above the rank of sergeant, he/she shall continue to acquire departmental seniority for layoff purposes only. In the event of demotion to a rank within the bargaining unit, said demoted employee shall have such seniority as he/she had at the time he/she left this bargaining unit.
12.6 - CFO Sergeants shall have separate seniority lists for the purpose of vacations and shift preference.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 14.01 The 15.01 Seniority, as referred to in this Agreement, shall mean length of continuous service in the employ of Homes First Society and shall be on a bargaining unit wide basis.
15.02 Seniority shall accumulate in the following circumstances:
a) when actually at work;
b) when absent on vacation or paid holidays;
c) when absent from work due to sickness or accident,
d) during the first thirty (30) days of an authorized unpaid leave of absence;
e) while on pregnancy/parental leave;
f) while on secondment to another bargaining unit position; and
g) seniority does not accrue for unauthorized and/or unpaid leaves of absence. For clarity, a “management position” means any temporary management position. This includes, but is not limited to, fixed term contract positions, and back-fill positions where the incumbent is on a leave of absence, paid or unpaid.
15.03 Seniority shall terminate and an employee shall cease to be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.employed by Homes First Society when he/she:
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she voluntarily quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstatedreinstated through the grievance procedure;
c) fails to return to work within three (3) days following the termination of an authorized leave of absence without a satisfactory reason given to Homes First Society;
d) he/she does not perform work has been laid off for the Company for a period of twelve (12) months in the case of lay-off;12 months; and
(e) he/she does not perform having been notified to return to work for the Company for a period of twenty-four (24) months for any other reason other than from lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return notify Homes First Society within ten (10) working days of receiving notification that he/she will report to work or, after giving Homes First Society timely notice of his/her intention to return to work, fails to report back to work within five (5) working days of the agreed-upon return date. The date of receipt of notification shall be considered to be the earlier of the date on which Homes First Society’s recall notice, sent by registered mail, is signed for in the presence of a postal employee, and seven (7) calendar days from the date of mailing of notification to return. Such mailing shall be by registered mail registration, the recall notice being sent to the last address of the person on lay-off as furnished by the employee.
15.04 Bargaining unit employees assigned to management positions for more than 12 months cumulatively within any 24 month period shall lose all bargaining unit seniority and must re-apply as an external candidate for any bargaining unit position. While a bargaining unit employee that is assigned to a management position the Company has bargaining unit employee must not participate in its hiring, dismissal, discipline, or evaluation of other bargaining unit employees, and shall not have access to bargaining unit employee personnel files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentown.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The (a) seniority of an employee shall be defined as exercised Bargaining Unit wide. The purpose of seniority is to provide a policy governing layoffs, recalls, permanent transfers, booking of vacation, promotions and/or shift start times. It is clearly understood by the parties that in all cases above, the word permanent shall be paramount.
(b) Seniority is the relative ranking of employees within the Company established by the length of uninterrupted continuous service with the Company since the last date of hire with the Companylast starting to work. Seniority shall only An employee will be credited upon the completion of a probationary period of on probation until he has completed ninety (90) calendar days for full- time worked. Upon completion of such probationary period, the employee's name shall be placed on the seniority list and four hundred and eighty-seven and one half (487.5credited with ninety 90) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementworking days seniority.
14.02 The seniority of an 9.2 An employee shall lose all seniority and be lost and his/her employment automatically terminated for any of the following reasons.deemed to have quit if he:
(a) he/she voluntarily quits his/her his employment;
(b) he/she retires;is discharged and is not reinstated through the Grievance or Arbitration Procedure.
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform absents himself from work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation a reason satisfactory to the Company is given by the employee;
(gd) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory failure to notify the Company is given by the employee;
(h) if an employee who is recalled and report to work fails to return within ten three (103) calendar working days after being recalled from lay off upon receipt of mailing of notification to return. Such mailing shall be by registered mail to the last address on file.
(e) fails to return to work upon termination of the employee that an authorized leave of absence without reason satisfactory to the Company has in its files for that employee;
(i) If an employee or utilizes a leave of absence for purposes other than those of which the leave of absence may be granted.
(f) is absent due to layoff for which it was granteda period in excess of twenty-four (24) months.
9.3 It shall be the duty of the employee to notify the Company promptly of any change in address. If an employee fails to do this, the Company will not be responsible for failure of any such notice to reach such employee.
9.4 In all cases of promotion (other than appointments to positions outside the scope of the bargaining unit), layoff and recall from layoff the following factors are to be considered:
(a) skill, ability, qualifications and job efficiency;
(jb) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety seniority;
(c) part-time and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It probationary employees shall be laid off first and will be the responsibility last to be recalled from layoff. Where the factors in (a) are relatively equal in the opinion of the Company, which shall not be unreasonably exercised, seniority shall govern providing the employees affected have the requirements to provide written notification perform the work in question.
9.5 Employees promoted to supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for a period of ninety (90) days only. If demoted for any changes reason or if they voluntarily request reinstatement to their former position the time served in the supervisory position shall be included in their address seniority rating. Such employee shall forfeit any and all recourse to the Human Resources Departmentgrievance procedure as outlined in this Agreement should he be subsequently discharged in such a position beyond the jurisdiction of this Agreement. This Article is to be applied only once for any employee during the term of this Agreement.
9.6 A seniority list will be posted on the bulletin board and will be revised in January and July. Copies will be forwarded to the Local Union. Such lists shall contain the employee’s name and starting date. The lists forwarded to the Union shall also include the employee’s address, telephone number and social insurance number.
9.7 In all lay-offs where the qualifications of an employee are questioned by the Company, such employee will immediately be given the opportunity to perform the work in question to determine if he is qualified.
9.8 In the event that an employee is absent from work because of sickness or injury, his seniority will continue to accumulate for a period of twenty-four
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee shall be 6.1 Seniority is defined as the length of uninterrupted continuous service since the last date of hire with the Company. Continuity of service shall be deemed to be broken when (a) an employee is discharged for cause, (b) an employee voluntarily terminates employment, (c) an employee has been laid off for more than twelve (12) consecutive months, or (d) an employee has violated the provisions of Article VII, Section 5.
6.2 Upon Union's request, the Company shall furnish the Union with a seniority list including wage rates and locations of all employees covered by this Agreement and shall keep the Union advised of all additions, deletions, or corrections at three-month intervals.
6.3 Seniority shall only be credited upon used as the completion of a probationary period of ninety (90) calendar days basis for full- time determining such benefits as transfer rights, protection against demotion and four hundred layoff, Hospital and eighty-seven and one half (487.5) hours worked or six (6) monthsLife insurance, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementetc.
14.02 6.4 The seniority continuity of an employee employee's service shall not be lost and his/her employment automatically terminated broken by absence for any of the following reasons., and his/her Company seniority shall accrue for the period of any such absence:
(a) he/she quits his/her employment;Induction, enlistment, or active duty in the armed forces of the United States, or service in the Merchant Marine, under any Act of Congress which provides that the employee is entitled to reemployment.
(b) he/she retires;Absence on Union business not requiring a leave-of-absence.
(c) he/she is discharged Absence by reason of industrial disability while working for just cause and is not reinstated;Company.
(d) he/she does not perform work for Authorized absence by reason of sick leave or absence without pay.
6.5 When the Company assumes a contract in an area where the work was formerly performed by another contractor signatory to IBEW Local 1245, the following applies:
(a) The Company will make a good faith effort to retain Union line clearance and vegetation control employees who formerly worked the area, unless the Company had terminated said employee “for a period cause” in prior employment. Such retention shall be by IBEW Local 1245 Union Seniority. Union will assist in this effort.
(b) Company agrees to honor former wage rates for incumbent Union members in all classifications.
(c) For purposes of twelve determining vacation or PTO, the Company will interpret Union seniority as "length of service".
(12d) months in the case For purposes of lay-off;transfer demotion, promotion and layoff, Company seniority will be used.
(e) he/she does not perform work Company will observe Union seniority provision for impacted employees hired within six months following the Company for a period assumption of twentythe tree-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;trimming contract.
(f) he/she is absent from work without permission for more than For the purposes of health care benefits (as described in Article XVII, 17.5), the Company shall provide those employees retained subject to this Article with health care benefits the first day of the calendar month following the Company’s assumption of the contract.
(g) Employees retained subject to this Article shall serve a three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmonth Article 14.1 probationary employment period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The seniority 11.01 Seniority is defined as the length of an employee shall be defined as length employee's service with the Company, calculated from the first day of uninterrupted service since said employee's employment, subject to the last provisions of Paragraph 11.02 of this clause.
11.02 Employees who have been in the Company's employ for less than sixty (60) days worked in a six month period from initial date of hire with shall be considered probationary employees and shall have no seniority. Lay- offs of probationary employees will not be subject to arbitration and will not be questioned by the CompanyUnion. Seniority shall only be credited upon the After completion of a said probationary period period, the seniority of ninety the employees concerned shall be back-dated sixty (9060) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementworked.
14.02 The 11.03 An employee loses all seniority of and is no longer an employee shall be lost and his/her employment automatically terminated for any of the following reasons.if that employee:
(a) he/she quits his/her employmentvoluntarily leaves the employ of the Company;
(b) he/she retiresis discharged and not reinstated pursuant to the provisions of this Agreement;
(c) he/she is discharged overstays a leave of absence for just cause and is not reinstateda period of five (5) working days without giving a reason acceptable to the Company;
(d) he/she does not perform work for ceases to be a member in good standing of the Company for Marine Workers' and Boilermakers' Industrial Union, Local No. 1.
(e) refuses a period second recall, as noted in Article 11.13.
11.04 Any employee who has been laid off may be struck off the seniority list at the expiration of twelve one (121) months year (and in the case of layany employee with five (5) years or more of seniority, at the expiration of eighteen (18) months), and any employee so struck off and thereafter re-off;
(e) he/she does not perform work employed may, for the purpose of seniority, be treated by the Company for as a period new probationary employee.
11.05 It shall be the duty of twenty-four (24) months for every employee to notify the Company promptly of any other reason other than change of address and any notice sent by the Company to any employee at said employee's last address as recorded in the records of the Company shall be sufficient and effective notice.
11.06 An employee shall not suffer loss of seniority because of absence due to sickness, accident or otherwise, if such absence is approved or authorized by the Company.
11.07 In addition to vacation time, subject to operational requirements of the Company leave of absence may be granted:
11.08 In all cases of lay-off, provided transfer, demotion, upgrading, re-hiring after lay-off and promotion, other than appointment to supervisory positions, precedence shall be given to those employees who have the longest service, providing always that the employees in question are of relatively equal skill, competence and efficiency.
11.09 The Company has met will not exercise its obligations to accommodate discretion in an arbitrary manner or discriminatory manner.
11.10 Job Posting: Employees shall be given the employee opportunity of applying for all jobs classified under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave Schedule "A" of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to returnthis Agreement. Such mailing jobs shall be by registered mail posted in the shop for not less than five working days. Preference shall be given to employees with the last address most seniority who are of relatively equal skill, competence and efficiency. The name of the employee that the Company has in its files for that employee;
(i) If an employee utilizes successful applicant shall be posted. The Union shall be sent a leave copy of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by all job postings along with a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility list of employees to provide written notification who applied as well as the name of any changes in their address to the Human Resources Departmentsuccessful applicant.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee 11.01 Seniority, as referred to in this Agreement, shall be defined as mean the length of uninterrupted continuous service in the employ of the Company since the last most recent date of hire with hire.
11.02 A newly hired Employee will be considered on probation for a period of sixty (60) days worked from the Companymost recent date of hiring. Seniority The discipline and discharge of probationary Employees shall only be credited upon for cause, but it is recognized by the completion parties that this constitutes a lesser standard than the just cause standard which applies to Employees who have completed their probation. It is understood that with the written consent of the Union, the probationary period may be extended by an additional thirty (30) days.
11.03 An Employee shall lose all seniority and status as an Employee if the Employee:
a) voluntarily resigns;
b) is discharged for cause and is not reinstated by a Board of Arbitration;
c) is laid off and fails to return to work within seven (7) days of being notified of a probationary period recall to work;
d) fails to return to work after the expiration of ninety (90an authorized leave of absence without a reason satisfactory to the Company;
e) calendar days is on lay-off for full- time and four hundred and eighty-seven and one half (487.5) hours worked or more than six (6) consecutive months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(bf) he/she retires;
(cg) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three two (32) consecutive working days unless an explanation without a reason satisfactory to the Company is given by the employeeCompany;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if uses an employee who is recalled to work fails to return within ten (10) calendar days Authorized Leave of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files Absence for that employee;
(i) If an employee utilizes a leave of absence for purposes purpose other than those that for which it was granted;
i) is absent from work due to a non-job related sickness or non-job related accident for a period in excess of twelve (12) months; or
j) he/she fails is terminated because of:
i) the sale of part or all of the business,
ii) the sale of any product line,
iii) the transfer of any product lines to return other Company facilities, or
iv) any technological, environmental or business reasons, and accepts owing severance pay.
11.04 Employees permanently appointed out of the Bargaining Unit shall retain their accrued seniority for a period not to work immediately after exceed one year from the Company has been notified by date of appointment. Following the expiry of the preceding limits, the Employees name shall be considered deleted from the seniority list.
11.05 In the event of a doctor or Workplace Safety lay-off, Employees shall be laid off in the reverse order of seniority and Insurance Board will be entitled to claim the job of another Employee subject to the following:
a) that the employee job being claimed is able not within a higher paid occupational Classification;
b) that the Employee claiming such other job has the skill, competence, efficiency, ability and suitability to return meet the normal requirements of the work to his/her be done without any training period; and
c) that such other job is held by the Employee with the least seniority in the occupational Classification concerned.
11.06 Employees who are on lay off shall be recalled in order of seniority provided that they have the Company has met its obligations skill, competence, efficiency, ability and suitability to accommodate meet the employee under any applicable legislationnormal requirements of the work available without a training period.
11.07 In filling a vacancy, the following factors shall be considered:
a) the Employee’s skill, competence, efficiency, ability and suitability to do the work; and,
b) the Employee’s seniority. It is agreed that if the factors described in a) above are relatively equal, then factor b) shall govern.
11.08 Temporary/Part-Time Drivers, who are hired to cover overload work on an as-needed basis, shall be allowed to bid for full-time jobs under Article 11.07.
11.09 A Temporary/Part-time Driver will be the responsibility lose all seniority and status as an Employee if not actively at work during a period of employees 60 (sixty) calendar days. This paragraph will only apply to provide written notification of any changes in their address to the Human Resources DepartmentEmployees hired after July 1, 1996.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority (a) Seniority of an each employee covered by this agreement shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of established after a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timemonths of continuous employment. Seniority rights will apply only to the extent expressly provided A working day in this agreement.
14.02 The seniority of clause will be any day on which an employee shall be lost and his/her employment automatically terminated works for any the Company regardless of the following reasonsnumber of hours worked during the full shift, Saturday and Sunday inclusive. Absenteeism for a full shift will not be considered as a day worked.
(a) he/she quits his/her employment;
(b) he/she retires;When an employee attains seniority, such seniority shall date back to his last day date of hire.
(c) he/she In the event of a transfer of employees not presently members of the bargaining unit, the Company will not accord seniority under this Article to such transferred employees, unless mutual agreement is discharged for just cause and is not reinstated;reached with the Union in the resolution of such a seniority issue.
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;Seniority shall be maintained and accumulated during:
(ei) he/she does not perform work for the Company for a period of Absence due to lay off up to twenty-four (24) months for any other reason other than lay-offconsecutive months;
(ii) Authorized leaves of absence;
(iii) Compensable sickness or accident.
(e) No employee whose seniority is being maintained and accumulated in accordance with 7.01(d) above shall, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;during such period, be terminated as a result of innocent or authorized absence set out in 7.01(d).
(f) he/she is An employee absent from work for any reason for a period of two (2) consecutive weeks will notify the Company of his expected date of return at least twenty- four (24) hours prior to the date he returns to work.
7.02 An employee shall lose his seniority standing and have his name removed from the seniority list for any one of the following reasons:
(a) If the employee voluntarily quits the Company;
(b) If the employee is discharged and is not reinstated in accordance with the provisions of this Agreement;
(c) Is laid off for a period of time exceeding twenty- four (24) consecutive months;
(d) Is absent without permission leave for more than a period of three (3) consecutive working days unless an explanation satisfactory to during which time he has not contacted the Company directly or indirectly when he has had the opportunity to do so. Proof of the matter is given by the responsibility of the employee;.
(ge) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of If the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she is laid off and fails to return to work immediately within seven (7) days after the Company he has been notified to do so by registered mail or telegram to his latest known address. A copy of such notice will be available to the Union.
7.03 An employee receiving a doctor registered letter or Workplace Safety and Insurance Board that telegram must contact the employee is able Company directly or indirectly within forty-eight (48) hours of receipt of the notice to return to his/her job provided that work, if he wishes the Company has met its obligations to accommodate hold the job open for him for the full seven (7) days. An employee failing to respond within forty-eight (48) hours will be by-passed and the next employee, in order of seniority, on the recall list will be recalled. Should an employee fail to receive a telegram for a reason other than failure to keep the Company notified of his change of address, and for a reason which is beyond the control of the employee, then the date of issuance of notice of recall shall be deemed to be the date at which the employee under any applicable legislationfirst becomes aware of the notice of recall.
7.04 Seniority lists shall be kept up to date and copies posted on the bulletin boards for the employees’ inspection. It The Union shall be given sufficient copies to provide one copy for each ▇▇▇▇▇▇▇ and the Plant Chairperson. On or about June 30th of each year the servicing Staff Representative will be sent a list of all employees in the bargaining unit showing their seniority date, classification, pay rate, address and phone number, such list shall be provided on diskette to the Union.
7.05 The parties recognize that job opportunity and security shall increase in proportion to the length of service, it is therefore agreed that in all cases of vacancy, promotion, transfer, shift preference, layoff and recall from layoff, senior employees shall be entitled to preference. In recognition, however, of the responsibility of management for the operation of the plant, it is understood and agreed that in all such cases, management shall have the right to pass over any employee who does not have the ability or the physical fitness to perform the available work.
7.06 When recalling, the Company shall contact probationary employees laid off for lack of work provided that work is available in the laid off employees’ former classification.
7.07 Seniority shall be plant wide. The word plant is understood to provide written notification mean all the operations of any changes the Company described in their address Article 2 of this Agreement as being appropriate to the Human Resources Departmentbargaining unit.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an 10.01 An employee shall be defined regarded as length of uninterrupted service since the last date of hire with the Companya "probationary employee" until he shall have completed eighty (80) working days and during such period shall have no seniority rights. Seniority shall only be credited upon the Upon completion of such period from initial employment, he shall be classed as a probationary period "Seniority Employee", and his seniority shall be from the first day of ninety initial employment. All time worked plus approved leave of absence, or lay-off shall be cumulative over a twelve (9012) calendar days month period. The treatment of “Student Employees” for full- time seniority purposes are handled under Letter of Understanding #4. The employee's performance will be reviewed at their fortieth (40th), sixtieth (60th) and four hundred seventy-fifth (75th) working day and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only made available to the extent expressly provided in this agreementUnit Chairperson of the Union.
14.02 The 10.02 Each employee in order to benefit by the seniority provision of an employee shall this Agreement must keep the Company informed of his current address and the telephone number where he can be lost and his/her employment automatically terminated for any of the following reasons.contacted as follows:
(a) he/she quits his/her employment;An employee on the active payroll will notify the Personnel Office within seven (7) normal working days by signing the form available. Such forms will be made in triplicate. One (1) copy will be retained by the employee. Failure to notify the Personnel Office without good reason for such failure may result in the employee forfeiting his seniority rights.
(b) he/she retires;An employee on lay off, and subject to recall, will notify the Company by mail, e- mail, telephone, fax or in person.
10.03 An employee shall have job seniority when he completes forty (c40) he/she is discharged for just cause working days on the job on which he was hired, or to which he was transferred at which time his Company seniority shall be deemed to be his job seniority.
10.04 When an employee has job seniority and is not reinstated;transferred he shall continue to accumulate job seniority on such job until he acquires job seniority on a job to which he was transferred.
10.05 (da) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate "Qualified experience" shall mean the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays can qualify within a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreasonable training period at management's discretion.
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 The seniority of an 13.01 An employee shall will be defined as length of uninterrupted service since considered probationary for the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) first 30 calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timewill have no seniority rights during that period. Seniority rights will apply only After 30 calendar days service his/her seniority shall date back to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and day on which his/her employment automatically terminated for any began. In calculating the 30 calendar days probationary period, time away from work due to sickness, accident, holidays or vacation shall not be included.
13.02 Seniority as referred to in this Agreement shall mean length of accumulated service in the employ of the following reasonsCompany and shall be on a plant-wide basis.
13.03 An employee who has completed his/her probationary period shall accumulate seniority while he/she is at work for the Company or when absent due to injury or illness, during the first 6 months of any layoff, or during the term of a leave of absence granted by the Company.
13.04 Seniority shall terminate when an employee:
(a) he/she quits his/her employmentfor any reason;
(b) he/she retiresis discharged and is not reinstated through the grievance procedure or arbitration;
(c) he/she is discharged has been on layoff for just cause and is not reinstateda continuous period of 12 months;
(d) who has been on layoff for a continuous period of less than 12 months and who, when notified by registered mail or by telegram addressed to the last address he/she does not perform work for has recorded with the Company, fails to notify the Company within 5 working days that he/she is intending to return to work and unless he/she returns to work as soon as possible after receiving notice and in any event within 7 working days of the mailing or other communication of such notice, unless he/she shows that he/she is prevented from notifying the Company or from reporting for work by a period of twelve (12) months in the case of lay-offlegitimate sickness or other reasonable cause;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified expiration of a leave of absence unless prevented from doing so by a doctor illness or Workplace Safety and Insurance Board that other cause which is reasonable in the employee is able to return to opinion of the Company.
13.05 Any employee’s reinstatement after sick leave will be conditional on his/her supplying, when requested, a certificate from a physician that he/she is fully recovered from the sickness which caused his/her absence, such certificate to state the period covered by the employee’s sickness.
13.06 In cases of promotion which is hereby defined as a transfer to a job provided with higher hourly pay within the bargaining unit, the following factors will apply:
(a) seniority; and
(b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. The determination of an employee’s qualifications is the responsibility of the Company, with the understanding that the Company has met its obligations to accommodate may permit the employee to a trial period whenever it believes that such a trial period would be helpful in reaching a determination. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under any applicable legislationthe provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner.
13.07 In all cases of layoff and recalls after layoffs, the following factors shall be applied:
(a) seniority; and
(b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. It A representative of the Company will be meet with the Chief ▇▇▇▇▇▇▇ to discuss pending layoffs. The determination of an employee’s qualifications are the responsibility of employees the Company. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under the provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner.
13.08 Current seniority lists and classifications will be posted every 3 months, by January 1, April 1, July 1 and October 1. A copy of the list will be posed in the plant. A copy will be given to provide written notification of any changes in their address each Union ▇▇▇▇▇▇▇ and faxed and mailed to the Human Resources DepartmentUnion office. A representative of the Union shall be entitled, to review the wage rate information for all bargaining unit employees annually, at the time the Collective Agreement provides for a wage increase. This information is confidential and the Union will not reveal it to any other party.
13.09 In the event that an employee covered by this Agreement transfers into a position beyond the scope of this Agreement, the employee will have a trial period of up to 120 days. During this time, either the employee or the Company may return the employee to the previous position and rate without loss of seniority. If the employee remains in a position beyond the scope of this Agreement past 120 days, then the employee’s seniority will be frozen and he/she will not accumulate any further seniority. Should the employee remain in a position beyond the scope of the Agreement in excess of 6 months then he/she will lose all seniority previously acquired. Any variation of this shall be by mutual Agreement between the Company and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The 11.01 Except as may be modified by express provisions of this collective agreement, seniority of an employee shall be defined as length of uninterrupted service employment since the employee’s last hire date. Where two or more employees share the same hire date, the employee whose first interview was conducted earliest shall be the senior. At the commencement of the first agreement between the parties, non-probationary employees shall have seniority defined as their length of employment with the Company since their most recent date of hire with hire.
11.02 Within thirty (30) calendar days of the Company. Seniority ratification of this Agreement, and in January and July of each year of this Agreement, the Company shall only post the seniority list.
11.03 New employees will be credited upon considered as probationary employees for the completion of a probationary period of first ninety (90) calendar days of active employment. Excused absences from work may be accounted for full- by extending the probation for a period of time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only equal to the extent expressly provided in this agreementabsences.
14.02 The seniority of an 11.04 An employee shall lose his seniority and shall be lost and his/her deemed to have quit his employment automatically terminated for any of the following reasons.if he:
(a) he/she quits his/her employmentor retires;
(b) he/she retiresis discharged and the discharge is not reversed through the grievance procedure;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is been absent from work without permission for more than three (3) consecutive working days without notifying the Company or providing a reasonable explanation for this absence, unless an explanation satisfactory the failure to notify the Company is given by due to circumstances beyond the employee's reasonable control;
(gd) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after on the next scheduled shift upon termination of an authorized leave of absence, unless the failure to return is due to circumstances beyond the employee's reasonable control;
(e) fails to report for work within five (5) working days when recalled by the Company has been notified by during a doctor lay- off, or Workplace Safety and Insurance Board fails to inform the Company within five (5) working days of recall that he will report for work, unless this failure is due to circumstances beyond the employee is able employee's reasonable control. Notice to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will work shall be the responsibility of employees to provide written notification of any changes in their address writing and shall be sufficient if sent by registered mail or courier to the Human Resources Departmentemployee's last known address on file with the Company; or
(f) is laid off for a period in excess of twenty four (24) months.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 1. Seniority shall be defined as the length of continuous employment with the Company from the last date of hiring. The company shall maintain a seniority list for the Plant and the list shall be supplied to the Shop Chairman on request.
2. For six months after being hired, new employees shall be regarded as probationers and shall have no seniority. After six months’ service they shall become regular employees and shall receive credit for seniority from the date of their employment. Benefits, as outlined in Article 15 will commence on the first of the month after the employee has been employed for three (3) months.
3. In case it becomes necessary to reduce the working force, the order of lay-off shall be:
4. Senior employees who may be expected to qualify reasonably quickly for the required work, will be given an opportunity to do so.
5. The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time considered broken, all rights forfeited and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee there shall be lost and his/her employment automatically terminated for any of the following reasons.no obligation to rehire when he:
(a) he/she quits his/her employment;Voluntarily leaves the service of the Company, or is dismissed for cause. (An employee who is absent for two full consecutive working days without good and proper reason, or without first securing permission from the Company, may be considered to have left the Company’s service of his own accord.)
(b) he/she retires;Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method contact or a telegram or a notice mailed to the employee at the last known address of the employee, shall constitute a reasonable effort on the part of the Company and report for duty, or to advise the Company of the date when he will so report, the Company shall be entitled to assume that the said employee has voluntarily left the Company’s employ. In urgent cases, however, where it is necessary to secure workers at notice of less than 48 hours, the Company, if unable to make contact with the senior eligible employee may recall the next senior employee and so on down the list, until the vacancy is filled. Employees rehired under such circumstances shall retain the position to which they are appointed, but provided the employees with whom the Company was unable to communicate in time, later within 96 hours advise the Company of their desire to return and shall be eligible for recall on the next occasion of a vacancy in a position for which they possess the required ability.
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory Has been out to the Company is given by the employee;
(g) if an employee overstays a vacation or leave Company’s employ in excess of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.allowable breaks defined below:
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The 9.01 An employee’s seniority of an employee shall be defined as length that period of uninterrupted service since continuous employment, in their classification in their location in the bargaining unit from the last date of hire with the Company. Seniority shall only .
9.02 An employee will be credited upon considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of forty-five (45) worked days in a six month period. Should an employee be absent from work during the probationary period, the probationary period will be extended by the number of ninety working days the employee was absent from work.
9.03 The seniority list will be compiled and posted on the bulleting board semi-annually in the months of March and September of each year. A copy of the seniority list will be forwarded to the Union office in London. Seniority as compiled and posted shall be deemed final and not subject to complaint unless such complaint is made within seven (907) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to from the extent expressly provided in this agreementcurrent date of posting.
14.02 The seniority of an 9.04 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company:
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeresigns;
(hb) if an employee who is recalled discharged and is not reinstated pursuant to work the grievance and arbitration procedure as provided in this contract;
c) if an employee has been laid off and fails to return reply to a recall notice, within ten five (105) calendar days of its mailing of notification to return. Such mailing shall be by registered mail to the employee’s last known address and/or failing to return to work within five (5) days of receiving such notice. It shall be the employee that employee’s responsibility to keep the Company has informed of any change in its files for that the employee’s address;
(id) If if an employee fails to return to work upon the expiration of a leave of absence, for reasons within the employee’s control, or utilizes a leave of absence for purposes a purpose other than those that for which it was grantedgranted unless excused by the Employer in writing;
e) if an employee is absent from scheduled work for a period of three (j3) he/she fails to return to work immediately after or more consecutive working days without notifying the Company of such absence and providing a reason satisfactory to the Company, and failure to notify was not due to circumstances within the employee’s control;
f) if an employee has been notified by a doctor laid off for the lesser of his length of service or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.eighteen
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 8.01 Seniority provisions shall apply to all employees covered by this Agreement.
8.02 Seniority of an each employee covered by this Agreement shall be established after a probation period of 30 days worked and shall count from the date of hiring. In the event a probationary employee is terminated, and in the event he is rehired within a period of one year from the date of such termination, his previous probationary service shall be credited to him.
8.03 An employee shall be defined maintain and accumulate seniority under the following conditions as applicable:
(a) During an absence due to lay-off equal to length of uninterrupted service since at time of lay-off, not to exceed a maximum of 36 months.
(b) During absence due to an employees' illness not to exceed twenty-four continuous months in the last date case of hire employees with twelve months or more seniority at the Companytime of commencement of such illness. Seniority shall only be credited upon The Company reserves the completion right to require proof of illness.
(c) During absence due to an employee's illness not to exceed a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only equal to the extent expressly provided employee's seniority at the commencement of such illness, in this agreementthe case of employees with less than twelve months seniority. The Company reserves the right to require proof of illness.
14.02 The seniority (d) During leave of an absence granted by the Company in writing.
8.04 An employee shall lose his seniority, his employment shall be lost terminated, and his/her employment automatically terminated his name shall be removed from all seniority lists for any of the following reasons.:
(a) he/she quits his/her employment;If the employee voluntarily quits.
(b) he/she retires;If the employee is discharged for cause and is not reinstated in accordance with the provisions of this Agreement.
(c) he/she If the employee is discharged for just cause laid-off and is not reinstated;
(d) he/she does not perform work for fails to notify the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform his intention to return to work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that within five working days after the Company has met its obligations notified him to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given do so by the employee;
(g) if an employee overstays a vacation telegram or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the his last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she known address, or having done so, if he fails to return to work immediately after within six working days from the Company date of mailing of such letter or sending of such telegram.
(d) If the employee has been notified by on lay-off for a doctor or Workplace Safety and Insurance Board that period equal to length of service at time of lay-off, not to exceed a maximum of 36 months.
(e) Due to absence through illness of an employee with less than twelve months seniority for a period equal to the employee's seniority at the time of commencement of illness.
(f) Due to absence through illness of an employee with more than twelve months seniority for a period equal to the employee's seniority at the time of commencement of illness plus the amount of accumulated seniority to which the employee is able eligible under Section 8.03.
(g) If an employee has been absent without leave for three consecutive working days unless a satisfactory reason is provided.
8.05 The Company shall supply the Union from time to time and as available, with a list of employees in order of seniority as of the date of the list. Such list shall be revised not less frequently than every four months. The seniority of an individual may be had on application by the employee or the Union to the Company.
8.06 An employee who has been transferred to a job outside the bargaining unit, but with the Company, may be returned to the bargaining unit with his seniority at the time he left the bargaining unit, providing his return to his/her job provided that the Company has met its obligations bargaining unit is within two calendar years from the date he left the bargaining unit.
8.07 Senior employees with more than one year's seniority shall be entitled to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.preference for
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 8.01 Seniority of each employee covered by this Agreement shall be established after a probationary period 75 days worked.
8.02 Where an employee is hired directly by the Company, time worked as Agency Staff in the most recent Peak Period shall be included towards the probationary period.
8.03 The seniority termination of a probationary employee during his/her probationary period shall be made solely at the discretion of the Company. Such termination shall not be arbitrary, in bad faith, or in breach of an employment related statute.
8.04 The termination of a probationary employee shall not be subject to the grievance or arbitration process, except in circumstances where the termination is alleged to be in breach of section 8.03.
8.05 The Company may extend the probationary period with the agreement of the Union prior to the conclusion of the probationary period. After successful completion of the probationary period, such employee’s seniority shall be adjusted to reflect time worked from the most recent date of hire into the bargaining unit.
8.06 An employee shall be defined as length of uninterrupted service since deemed terminated and lose all seniority in the last date of hire with event that the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.employee:
(a) he/she quits his/her employmentQuits;
(b) he/she retiresIs terminated (for disciplinary or non-disciplinary reasons) and is not reinstated through the grievance procedure;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company Is laid off for a period of time exceeding twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of consecutive months, or twenty-four (24) months where seniority is greater than ten (10) years as of the date of lay off;
(d) Is laid off and fails to return to work within seven (7) calendar days after being notified to do so;
(e) Fails to report for work upon the expiration of any other leave of absence granted without a reason other than lay-off, provided that satisfactory to the Company has met its obligations to accommodate the employee under any applicable legislationCompany;
(f) he/she is Is absent from work without permission for more than three (3) consecutive working days unless an explanation without providing a satisfactory reason to the Company is given by the employeeduring such time;
(g) if an employee overstays Utilizes a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company for a purpose other than that for which it is given by the employeegranted;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employeeRetires;
(i) If an employee utilizes a leave Is absent due to illness in excess of absence for purposes other than those for which it was grantedtwenty-four months, subject to the provisions of the Human Rights Code;
(j) he/she fails to return to work immediately after Is in possession of, or under the influence of, illicit drugs or alcohol while working;
(k) Commits theft of the Company has been notified by or another employee’s property; or
(l) Commits a doctor serious act of workplace violence or Workplace Safety harassment towards another employee.
8.07 There shall be a master seniority list showing employees' Company seniority and Insurance Board that their Classification within the employee is able to return to his/her job provided that bargaining unit. Such list shall be posted at the start of January and June each year.
8.08 The Company has met its obligations to accommodate shall provide the employee under any applicable legislation. It will be the responsibility Union Representative with a list of employees to provide written notification of any changes showing names, addresses and phone numbers in their address to the Human Resources DepartmentJanuary each year.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 6.01 Each of the parties hereto recognizes that employees are entitled to an employee equitable measure of security based on length of service. Seniority shall be defined as determined by an employee's length of uninterrupted continuous service since the last date of hire with in the Company. Seniority In all cases of promotion, demotion, transfer, layoff or recall of employees, seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only govern subject to the extent expressly provided in this agreement.
14.02 The seniority requirements of an competence and fitness of the employees concerned and necessity of maintaining the efficient operation of the elevator. Any employee shall cease to have seniority rights and his employee's status with the Company shall be lost and his/her employment automatically terminated for any of the following reasons.all purposes if he:
(a) he/she quits his/her employmentvoluntarily leaves the Company;
(b) he/she retiresis discharged and not reinstated through the grievance procedure;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for laid off by the Company for a period exceeding his length of service with the Company, or a period of twelve (12) months in the case months, whichever is less;
(d) fails to report for work within three (3) days after receipt of lay-offnotice to return to work;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employeewithout just cause;
(gf) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to he does not return to work immediately after upon expiration of an authorized leave of absence, unless excused for reasonable cause. All authorized leaves of absence in excess of five (5) days must be given in writing by the Company. Any employee whose seniority has been broken in accordance with the provisions heretofore set forth, shall on being re-hired be considered a new employee. Seniority shall be calculated from the first day of employment once the ninety (90) working day probationary period has been satisfied. A seniority list shall be made up by the Company every six (6) months. One (1) copy shall be posted on the bulletin board and one
(1) copy shall be supplied to the Union. Any error in the said list shall be taken up with the Company within one (1) week after such list has been notified by a doctor or Workplace Safety posted. Any bargaining unit employee transferred out of the unit and Insurance Board that returns to the employee is able to return to his/her job provided that the Company bargaining unit before one (1) year has met its obligations to accommodate the employee under any applicable legislation. It elapsed will be the responsibility of employees to provide written notification of any changes in their address credited with his full accumulated seniority. If he returns to the Human Resources Departmentbargaining unit after one (1) year his seniority at the date of return will be one (1) year.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 7.01 During the first 6 months of an employee employment, all employees shall be defined as length considered on probation. Any absences from work totaling more than 10 working days in the 6 month period will extend the probationary period by an equivalent number of uninterrupted service since working days. After completion of the last date of hire with probationary period, the Company. Seniority employee's name shall only then be credited upon with 6 months seniority. For the completion purpose of this Article, there shall be a probationary period of ninety separate Lines Department (90) calendar days for full- time including Metering, and four hundred Customer Service), and eighty-seven Dispatch and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementStores seniority list.
14.02 The 7.02 When making lay-offs and recalls of employees, departmental seniority of an shall apply, providing the employee shall be lost has the necessary qualifications and his/her employment automatically terminated for any ability to perform the work available.
7.03 Any permanent employee covered by the bargaining unit who is promoted to a position outside of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company bargaining unit shall retain their seniority for a period of twelve (12) months in months. Employees returning to their former classifications from outside of the
7.04 Employees shall lose all seniority and will no longer be employees of the case Corporation if they:
(a) Voluntarily quit the employ of the Corporation;
(b) Are discharged for cause, unless reversed through the grievance procedure;
(c) Are laid off for a period of more than eighteen (18) months, or are laid off for a period of one (1) month with seniority of less than one (1) year (accumulative), temporary labour to be excluded.
(i) Fail to report for work within ten (10) days after being notified by registered mail sent to the last address registered with the Corporation to return to work following a lay-off;
(ii) Fail to notify the Human Resources Department within three (3) days after receipt of such notice of their intention to report for work;
(iii) Fail to report for work for three (3) days without leave of absence or without notifying their immediate supervisor. If the immediate supervisor is unavailable, another supervisor in the work unit may be notified. If the employee is too ill to telephone, the employee's spouse or other close relative may notify the appropriate supervisor;
(e) he/she does not perform work for the Company for a period of twenty-Are still absent from duty due to illness or non compensable injury after twenty- four (24) months for any other reason other than lay-offof being on Long Term Disability, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given or when declared totally disabled by the employee;Insurance Company, whichever is the earlier of the two.
(g) if an employee overstays a vacation or leave 7.05 It shall be the duty of absence without securing employees to notify the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days Department promptly in writing of mailing any change of notification to returntheir address. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes shall fail to do this, the Corporation will not be responsible for failure of a leave of absence for purposes other than those for which it was granted;
(j) he/she fails notice to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreach employee's address.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 18.01 Seniority of an employee a security guard shall be defined as length of uninterrupted service since with the last date of hire Company at Union Station, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. Any service with a predecessor security services providers shall not be counted toward seniority with the Company. .
18.02 Seniority of a security guard shall only be credited upon the completion of a probationary period in Article 11 of ninety this Collective Agreement.
18.03 Seniority shall be considered broken and employment of a security guard shall be deemed terminated, his employment will end without any bumping or displacement rights, he will have no recall rights, and his name will be permanently removed from the seniority list, if the employee:
(90a) calendar days quits or retires;
(b) is discharged and is not reinstated;
(c) fails to satisfactorily complete certification in first aid or the use of force, or allows such certification to lapse;
(d) does not perform work for full- time and four hundred and eighty-seven and one half (487.5) hours worked or the Company for a period of six (6) monthsmonths in the case of lay-off or for twenty-four (24) months for any other reason;
(e) fails to notify the Company of the security guard's intention to return to work within three (3) working days of being notified of recall from layoff, whichever comes firstor fails to return to work within seven (7) calendar days of being notified of such recall. A security guard shall be deemed to be notified of recall on the second calendar day following the posting of a registered letter to that effect addressed to the security guard's most recent address in the Company's files;
(f) fails to return to work on the first scheduled working day following the expiration of an authorized absence, or if the security guard utilizes a leave of absence for part- timepurposes other than those for which the leave of absence was granted;
(g) is absent from work without advance permission for three (3) consecutive working days and fails to provide an explanation which is, in the Company’s opinion, satisfactory;
(h) fails to return to work within three (3) calendar after the Company has been notified by a doctor, insurer or the Workplace Safety and Insurance Board that the security guard is able to return to work; or
(i) is requested or ordered to be removed from his post at Union Station, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ by an authorized representative of the client.
18.04 It shall be the sole responsibility of a security guard to provide written notification of any change in the security guard's address or phone number to the Company. The Company shall not be responsible for failure of any notice to reach a security guard who has not kept his address or telephone number current.
18.05 Seniority rights will apply only to the extent expressly provided in this agreementCollective Agreement.
14.02 The seniority 18.06 All security guards in the bargaining unit shall at the time of an employee ratification shall be lost credited with seniority from their last date of hire with the Company at Union Station, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇.
18.07 For the purposes of this Collective Agreement "qualifications" shall be defined as an employee's: skill; ability; job related education; experience; disciplinary record; and his/her employment automatically terminated for any demonstrated ability to attend work regularly in order to perform the duties of the following reasonsposition.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 9.01 The seniority of an employee shall be defined as means the length of uninterrupted her continuous service with the Employer since the last date of hire with her last hiring by the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsEmployer, whichever comes first, for part- time. Seniority rights will apply only to the extent except as expressly provided in this agreementherein.
14.02 9.02 The seniority of an employee will be completely lost and she shall be lost and his/her employment automatically terminated for any of the following reasons.if she:
(a) he/she quits his/her employment;quits; or
(b) he/she retires;is discharged and not reinstated in accordance with the provisions of the Agreement; or
(c) he/is absent from work for three (3) or more consecutive days without notifying the Employer unless she is discharged gives a reason satisfactory to the Employer for just cause and is not reinstated;her failure to so notify the Employer; or
(d) he/she does not perform is absent from work for the Company due to sickness or injury for a period in excess of six (6) consecutive days without providing the Employer with a medical certificate from a qualified medical practitioner as to the reason for such absence unless she gives a reason satisfactory to the Employer for her failure to so provide a medical certificate; or
(e) is laid off for a period in excess of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;consecutive months; or
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory fails to notify the Company is given by the employee;
(g) if an employee overstays a vacation or leave Employer of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory her intention to the Company is given by the employee;
(h) if an employee who is recalled return to work fails within seventy-two (72) hours of being given notice of recall pursuant to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she Article 11.02 or fails to return to work immediately after within three (3) days of the Company has been notified by date of recall as set out in the notice of recall; or
(g) works for another employer while absent from her employment with the Employer except while on layoff, unless the Employer grants a doctor or Workplace Safety and Insurance Board leave-of absence to perform such other work; or
(h) uses an authorized leave-of -absence for a purpose other than that for which the employee is able leave was granted; or
(i) fails to return to his/her job provided that work upon the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility expiration of employees to provide written notification an authorized leave- of any changes in their address -absence unless a reason satisfactory to the Human Resources DepartmentEmployer is given; or
(j) is retired; or
(k) is otherwise absent from work without leave of the Employer for a period in excess of one (1) month, subject to the provisions of the Labour Relations Act, 1995.
9.03 Seniority ceases to accumulate if an employee is absent due to sickness or a non- compensable injury for a continuous period in excess of their seniority at the time the absence commences.
9.04 The Employer will provide the Union with a seniority list showing each employee’s seniority date and classification by July 1st of each year.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee 12.01 Seniority shall be defined as mean length of uninterrupted continuous service since the last date of hire with the Company. Seniority All new employees shall only be credited upon the completion of work a probationary period of sixty (60) days worked, after which their plant-wide seniority shall date back to their date of hire. During the probationary period an employee may be terminated for a lesser standard than just cause.
12.02 An employee shall have departmental and plantwide seniority. Departmental seniority shall accumulate from the date of the last entry into a department. If an employee posts from one department to another, that employee shall lose all seniority in the former department but not plant-wide.
12.03 In the event that an employee who is transferred from one department to another is transferred back to his/her former department within ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsby the Company, whichever comes first, for part- time. Seniority rights he/she will apply only to the extent expressly provided be credited with full departmental seniority in this agreementhis/her former department.
14.02 The 12.04 In the event that an employee is temporarily transferred from one department to another for a period not exceeding forty (40) days, he/she will continue to accumulate seniority of in his/her old department and will have no seniority in his/her temporary department.
12.05 If an employee is permanently transferred by the Company without such employee having requested such transfer and without Article 12.04 hereof applying, then the employee shall carry with him/her to his/her new department the full departmental seniority he/she had in his/her previous department.
12.06 Except as otherwise provided, an employee shall be lost accumulate seniority under the following conditions: • during lay-off not to exceed eighteen (18) months; or • during leave of absence granted by the Company
12.07 An employee shall lose all seniority rights and his/her employment automatically shall be terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) : • a discharge not reversed through the grievance procedure; • a voluntary quit; • if he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for off the active payroll of the Company for a period in excess of eighteen (18) months except in the case of an employee on sick leave; • if a laid-off employee who has been offered reemployment fails to advise the Company within three (3) working days after such offer of his/her intention to return to work, or he/she fails after giving such advice to return to work within three (3) working days after notifying the Company of his/her intention to return to work; or • if the lay-off time for an employee with less than one (1) year's seniority exceeds twelve (12) months in the case of a two (2) year period; or if lay-off;off time for an employee with more than one (1) year's seniority exceeds eighteen (18) months in a two (2) year period.
12.08 A person on lay-off with recall rights has the obligation of keeping the Company advised of his/her mailing address. The mailing by the Company by registered mail and/or personal contact by telephone shall be deemed notice to such employee and shall, for the purposes of this agreement, be deemed to have been received two (e2) working days after it is mailed.
12.09 The Company agrees to post a seniority list and give to the Union a copy. Fifteen (15) days after such posting, in the absence of protest, such seniority list shall be deemed to be correct for the purposes of this agreement. Such list shall be posted by the Company every three (3) months beginning on the signing of this agreement.
12.10 In the event of a decrease in the work force, an employee to be laid off in a department shall have the option of bumping a junior employee in the department provided he/she does not perform work for is qualified to do the Company available work, An employee with six years of Company-wide seniority or more who is to be laid off shall have the option of bumping a junior employee Company-wide provided he/she is qualified to do the available work. An employee so assigned shall start in his/her new department as a new employee and will accumulate seniority thenceforward but will retain his/her former departmental seniority for a period of twenty-four one (241) months for any other reason other than year.
(a) A person on lay-offoff who has retained seniority and has recall rights shall be recalled in accordance with his/her departmental seniority, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from qualified to perform the work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;available.
(gb) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
A person on lay-off who has six (h6) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing years' plantwide seniority shall be by registered mail to the last address of the employee that the Company has recalled in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) accordance with his/her plant-wide seniority provided he/she fails is qualified to perform the work available in the opinion of Management.
12.12 For the purposes of Article 12, the departments shall be:
i) Prefab:
ii) Shipping and Yard, and Steelcraft Department In light of the fact that there has been no “Steelcraft Department” or duties or functions from the “Steelcraft Department” for several collective agreements, the Union agrees to remove “Steelcraft Department” from the NEXT collective agreement (October 2021) which will be negotiated between the parties, with commitment from the company, that in the event that any duties or functions that were at any time performed within the “Steelcraft Department”, are ever returned to this company, the work will be performed by members of this USW bargaining unit and will be subject to all terms within the collective agreement.
(a) Employees who are promoted out of the bargaining unit shall accumulate seniority for a period of up to thirty (30) calendar days. Such employees may return to work immediately after their previous position in the Company has been notified bargaining unit within a period of up to thirty (30) calendar days. Time limits may be extended by a doctor or Workplace Safety and Insurance Board that mutual agreement.
(b) If such employees are discharged from their position outside the employee is able to return to his/her job provided that bargaining unit, they shall be deemed discharged from the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentbargaining unit.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 15.01 Seniority in this Agreement is defined as the length of an employee shall be defined as length of uninterrupted employee's continuous service in the bargaining unit covered by this Agreement since the last his/her most recent date of hire with and shall apply on a departmental basis.
15.02 If an employee is transferred by the Company. Seniority shall only be credited upon Company to a position outside the completion of a probationary period of ninety (90) calendar days for full- time bargaining unit but within the Company and four hundred and eighty-seven and one half (487.5) hours worked or subsequently returns to the bargaining unit within six (6) monthscalendar months of the transfer, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementhe/she may do so without loss of Seniority.
14.02 The 15.03 In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of an employee 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).
15.04 An employee's continuous service shall be broken, his/her seniority lost and his/her employment automatically with the Company deemed to be terminated for any of the following reasons.just cause if:
(a) he/she quits his/her employment;quits; or
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;reinstated through the grievance and arbitration procedure contained in this Agreement; or
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(fc) he/she is absent from work without permission for more than three (3) consecutive working days an authorized leave of absence, unless an explanation he/she provides a compelling and satisfactory to the Company is given by the employee;reason; or
(gd) if an employee overstays s/he has been laid off or is otherwise absent from work for any reason for a vacation period of forty-four (44) weeks or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;more; or
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(je) he/she fails to return to report for work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return notification to his/her job provided that last known address by registered mail when recalled following a layoff, the onus being on the employee to keep the Company has met its obligations to accommodate advised of his current address except only that where the employee under is unable to report for work after such notification because he/she must give one (1) pay period's notice of termination of employment to another employer and he/she must work for that other employer during the said notice period, then he/she shall notify the Company as soon as possible of his inability to report for work for those reasons and he/she shall report for work immediately upon the expiry of the said notice period, failing any applicable legislation. It will be of which this Article 15.04(e) shall apply; or
(f) he/she retires; or
(g) he/she takes employment elsewhere while on an authorized leave of absence; or
(h) he/she fails to report for work at the responsibility expiration of employees to provide written notification an approved leave of any changes in their address to the Human Resources Departmentabsence, a vacation or a suspension, unless he/she provides a compelling and satisfactory reason.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of 7.01 Until an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of has completed a probationary period of ninety forty-five (9045) calendar days for full- time of work, he shall be considered to be on a probationary basis, having no seniority rights, and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only his employment may be terminated by the Company without recourse to the extent expressly provided in grievance and arbitration procedures of this agreement. Upon satisfactory completion of the probationary period, an employee will then acquire seniority standing dating from the date he commenced his current period of employment with the Company.
14.02 The 7.02 An employee's seniority of an employee shall be lost cancelled and his/her his employment automatically shall be terminated for any of the following reasons:
(A) If the employee quits.
(aB) he/she quits his/her employment;If the employee is discharged and his discharge is not reversed through the grievance procedure.
(bC) he/she retires;If the employee has been laid off and fails to return to work within five (5) calendar days after he has been notified by the Company to do so through registered mail addressed to the last address on record with the Company. In the event the recalled employee is unable to report for work within the above five (5) calendar day period for reasons other than sickness, such employee's name will remain on the recall list for a further period of five (5) calendar days provided the employee furnished a bona fide reason satisfactory to the Company. An employee who is recalled from lay-off and not able to report for work due to sickness shall continue on lay-off status for up to fifteen (15) months from the employee's original date of lay-off. Such disabled employee will notify the Company as soon as he is physically able to report for work, at which time the least senior employee in the Department where the lay-off occurred will be laid off.
(cD) he/she If the employee is discharged absent from work for just cause and is not reinstated;more than two (2) consecutive working days without providing a satisfactory reason for such absence.
(dE) he/she does not perform work If the employee overstays a leave of absence granted by the Company without securing an extension of such leave, or without providing a satisfactory reason for the Company failure to secure such extension.
(F) If the employee with 1 year to 3 years of seniority has been laid off for a period of twelve fifteen (1215) months in the case consecutive months, or if an employee with over three (3) years of lay-off;
(e) he/she does not perform work for the Company seniority has been laid off for a period of twenty-four (24) months consecutive months, without being recalled to work by the Company.
(G) If the employee retires.
7.03 When it becomes necessary to fill a job posting or to increase or reduce the work force, the senior employee shall be given preference provided the employee possesses the necessary skill and ability (which includes physical capability) to perform the requirements of the job. Where the positions of Mechanics are involved, qualifications will be an additional determining factor.
7.04 If it becomes necessary for any other reason other than lay-off, provided that the Company has met its obligations to accommodate fill a permanent vacancy within the bargaining unit, then notice of such vacancy shall be posted on the bulletin boards for five (5) calendar days providing an opportunity for employees to apply for the vacancy in question in writing. A copy of any notice of job posting shall be given to the local Union Chairperson. Newly created permanent positions will be posted for bidding in the same manner as permanent vacancies. If there are no applicants for the vacancy, or where none of the applicants meet all of the above factors, then the Company shall fill the vacancy as it deems fit. There shall be only two postings with respect to such vacancy, the original vacancy, and one subsequent vacancy arising from the original posting. The maintenance mechanic classifications will have only the original vacancy posted. All subsequent vacancies shall be filled at the company's discretion. The name of the employee under who is awarded a bid job will be posted on the bulletin boards within twenty (20) calendar days from the date of removal of the job vacancy announcement.
7.05 An employee will be entitled to bid on up to two (2) posted vacancies during any applicable legislation;twelve (12) month period commencing from the date of his first successful bid.
(f) he/she is absent from work without permission for more than 7.06 Seniority lists will be posted in the plant, and submitted to the Union every three (3) consecutive working days unless an explanation satisfactory months.
7.07 The promotion or transfer of employees to positions outside the bargaining unit is not subject to this collective agreement except that such employees will be entitled to seniority credit equal to their continuous service credit with the Company on return or transfer to a position which is subject to this collective agreement within six (6) months. After a six (6) month period, the employee shall lose all rights under this agreement and may only return to the Company is given by bargaining unit as a new employee.
7.08 Seniority shall be maintained and continue to accumulate during:
(A) Lay-off, subject to the employeeprovisions of Article 7.02F;
(gB) if an employee overstays a vacation Sickness or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeaccident;
(hC) if an employee who is recalled Authorized leave of absence.
7.09 Whenever it becomes necessary to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that lay off or recall employees, the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which will give as much advance written notice as possible. Whenever it was granted;
(j) he/she fails becomes necessary to return to work immediately after lay off or recall employees, the Company has been notified by a doctor will first notify either the Plant Chairperson, or Workplace Safety and Insurance Board that the employee is able to return to in his/her job provided that absence the Company has met its obligations to accommodate ▇▇▇▇▇▇▇ or Union Officer on the employee under any applicable legislation. It will be shift at the responsibility time, and provide them with a list of employees being laid off or recalled prior to provide written notification of any changes in their address to notifying the Human Resources Departmentaffected employee(s).
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 11.01 The seniority of an employee term "seniority" as used herein, shall be defined mean accumulated service calculated from the employee's original hiring date, as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided described in this agreementarticle 10.01.
14.02 The 11.02 When two (2) or more employees have the same seniority, the order of seniority will be determined alphabetically using the employee's last name at time of an original hiring.
11.03 An employee shall be lost will lose his seniority and his/her employment automatically terminated for any of the following reasons.:
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for If he voluntarily quits, unless he rescinds his resignation within a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-offhour period once during the life of the contract.
(b) If he is discharged, provided that subject to the Company has met its obligations employee's right to accommodate grieve under Articles 8 and 9.
(c) If the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive scheduled working days without notifying the Company, unless an the employee offers a reasonable explanation satisfactory to the Company is given by why he could not contact the employee;Company.
(gd) if If an employee has been laid off due to lack of work and does not return to work within forty-eight (48) hours after being contacted personally, the Company will notify the employee by registered mail to his last known address, and he will be allowed no more than five (5) working days from the receipt of such notification to report for duty.
(e) If an employee overstays a vacation or Company approved leave of absence without securing the receiving an extension of such leave of absence or vacation from absence, unless the Sales Manager or Human Resources Manager unless an employee offers a reasonable explanation satisfactory to the Company is given by why he could not return on the employee;scheduled date.
(hf) if an employee who is recalled to work fails to return within ten (10) calendar days If he accepts any employment while on a leave of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;absence.
(ig) If an employee utilizes a leave is laid off due to lack of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.his recall rights expire as per Article 13.03
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 The seniority of 12.01 Seniority means the status that an employee acquires after he/she has worked for the Employer in the bargaining unit for a period of 672 working hours.
12.02 Seniority shall be defined as length of uninterrupted service since calculated from a date 672 hours prior to the last date on which the employee acquires seniority.
12.03 An employee shall lose his/her seniority when he/she resigns or is discharged.
12.04 A laid-off employee shall lose his/her seniority which he/she had at the date of hire with his/her layoff whenever he/she fails to:
a) Inform the CompanyEmployer of the address at which he/she can be reached when required to report to work. Seniority shall only Changes of such address may be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsforwarded by mail, whichever comes first, for part- time. Seniority rights will apply only addressed to the extent expressly Industrial Relations Department, and will be acknowledged in writing;
b) Notify the Employer of his/her intention to return to work within one working day after having been notified to do so by messenger or within three working days after a notice to do so has been sent by registered mail or telegram, in either case to his/her last address on the records of the Employer;
c) Report for work within seven days after he/she has stated his/her intention to return to work, provided in this agreement.
14.02 The seniority that the provisions of an subsections (b) or (c) do not apply if the employee shall be lost furnishes a reason satisfactory to the Employer within thirty days of his/her failure. In each of such cases, his/her employment and his/her employment automatically terminated for any seniority shall terminate at once without notice or other act on the part of the following reasonsEmployer.
(a) he/she quits 12.05 An employee with seniority who is laid off and is not recalled to work by the Employer during the following twelve month period shall thereupon lose his/her employment;seniority.
(b) he12.06 Subject to the provisions of Section 12.08, an employee with seniority who is absent from work because of bodily injuries caused by accident or sickness and who is qualified to receive weekly from time to time between the Employer and the Union, shall be entitled to accumulate seniority during the period of his/she retires;her absence up to a maximum of thirty-six weeks for employees with less than two years of seniority and fifty-two weeks with two or more years of seniority.
(c) 12.07 Subject to the provisions of Section 12.08, an employee with seniority who is receiving Workers' Compensation benefits as a result of a compensable injury suffered while in the employ of the Employer will continue to accumulate seniority during the period in which he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension receipt of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory benefits, but this provision shall not apply to the Company is given by the employee;
(h) if an employee who is recalled receiving a permanent disability benefit.
12.08 The accumulation of seniority provided for in Sections 12.06 and 12.07 shall not exceed the period of service attained by the employee as of the day on which he/she last worked prior to work fails such illness or accident. The seniority so accumulated will be credited to the employee upon his/her return within ten (10) calendar days of mailing of notification to return. Such mailing work.
12.09 The probationer shall be by registered mail a temporary employee during the whole of his/her probationary period. His/her employment may be terminated at any time without reference to seniority and in no event shall the Employer have an obligation to rehire him/her or to offer him/her work.
12.10 All employees shall have the right to examine their seniority records at any reasonable time during normal office hours.
12.11 Promotions to positions outside the bargaining unit shall not be subject to seniority rules. In case of promotions and opportunities for advancement within the bargaining unit, all other factors being equal, seniority shall be the governing factor. In the case of demotions, if the employee feels that he/she has been unjustly treated, he/she shall have recourse to the grievance and arbitration procedures.
12.12 Seniority shall be recognized in the matter of layoffs and recall of employees. The last address employee hired, shall be the first laid off, and the last employee laid off shall be the first recalled.
12.13 Employees to be laid off for an indefinite period will be given one week's notice if at all possible, before layoff becomes effective. Employees desiring to leave the employ of the Company shall give one week's notice if at all possible.
12.14 An employee that the Company has in its files for that employee;
(i) If an employee utilizes who wishes a leave of absence for purposes other than those personal reasons shall make written application to the Industrial Relations Department, setting out the reason for which it was his/her request. If granted;
(j) , such leave shall be in writing and a copy will be given to the Union President. Leave of absence will not be granted for self employment or for employment elsewhere. The employee must return to work on the date indicated in the letter of authorization and he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board will be placed on his/her previous job provided that the employee he/she is able to return to hisperform the work. The employee will not be credited with service or seniority during the period while he/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationshe is on leave of absence. It Welfare benefits, exclusive of weekly indemnity, will be continued during the responsibility period of employees leave of absence up to provide written notification a maximum of any changes in their address to the Human Resources Departmenttwo months.
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 12.01 The term "seniority", as used herein, shall mean accumulated service calculated from the employee's original hiring date, as described in clause 11.01.
12.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length determined by the alphabetical order of uninterrupted service since the employee's last date name. The status of hire their seniority shall not decrease or increase because of a name change.
12.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.:
(a) he/she quits his/her employment;If he voluntarily quits.
(b) he/she retires;If he is discharged and not reinstated through the grievance procedure.
(c) he/she If he is discharged for just cause and is not reinstated;retired under the Company retirement policy (see also 3.01 b).
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation;
(f) he/she is absent from work without permission Company approved leave of absence for more than three (3) consecutive working days unless he has a valid reason.
i) If an explanation satisfactory employee has been laid off due to lack of work and does not return to work within five (5) working days after being contacted personally to report for duty, unless he has a valid reason. When the employee cannot be contacted, the Company is given will notify the employee by courier to his last known address, and he will be allowed no more than five (5) working days from the employee;registration date of such notification, to report for duty, unless he has a valid reason. A copy of the couriered letter will be provided for the Plant Chairperson at the time of sending.
(gii) if If an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to is at work with another employer he will not lose seniority if he reports for work with the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) working days following his notice of recall, as outlined in clause 12.03 e)i).
iii) If the recall is for thirty (30) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety less and Insurance Board that the employee is able working elsewhere, the employee can refuse his recall and shall not lose his seniority rights. The Company may verify his employment. Upon the recall exceeding thirty (30) calendar days, the employee must contact the Company to arrange his return to his/her job provided that the Company has met its obligations to accommodate the work. The employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes couriered a recall letter in their address to the Human Resources Departmentaccordance with Article 12.
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 The seniority of an 10.01 An employee shall be defined regarded as length of uninterrupted service since the last date of hire with the Companya “probationary employee” until he shall have completed sixty (60) working days during any 12 consecutive months, and during such period shall have no seniority rights. Seniority shall only be credited upon the Upon completion of such period, he shall be classed as a probationary period “Seniority Employee” and his seniority shall be from the first day of ninety initial employment. The Employee’s performance will be reviewed at their twenty-fifth (9025th), and fiftieth (50th) calendar days for full- time working day and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only made available to the extent expressly provided in this agreementPresident or Unit Chairperson of the Union.
14.02 The 10.02 Each employee in order to benefit by the seniority provision of an employee shall this Agreement must keep the Company informed of his current address and the telephone number where he can be lost and his/her employment automatically terminated for any of the following reasons.contacted at as follows:
(a) he/she quits his/her employment;An employee on the active payroll will notify the Personnel Office within seven (7) working days by signing the 4 Part form available. One (1) copy will be retained by the employee. Failure to notify the Personnel Office without good reason for such failure may result in the employee forfeiting his seniority rights.
(b) he/she retires;An employee on lay off, and subject to recall, will notify the Company by mail.
10.03 An employee shall have job seniority when he completes forty (c40) he/she is discharged for just cause working days on the job on which he was hired, or to which he was transferred at which time his Company seniority shall be deemed to be his job seniority.
10.04 When an employee has job seniority and is not reinstated;transferred he shall continue to accumulate job seniority on such job until he acquires job seniority on a job to which he was transferred.
10.05 (da) he/she does not "Qualified experience" shall mean the employee had worked on the job and is presently able to perform work for the Company for job at a period level of twelve (12) months performance required of an experienced employee on such job. Further educational requirements are stipulated in the case of lay-off;
(e) he/she does not perform work Maintenance Training Program for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return positions within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.Group A.
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 The seniority of an each employee governed by this Agreement shall be based on his period of continuous service for the EMPLOYER. The seniority of a new employee shall be defined as length established after a trial period of uninterrupted service since sixty (60) calendar days, save and except for salesmen, outside collectors, employees working on credit or collection and drapery sales clerks, whose trial period shall be of four (4) calendar months, and shall be calculated from the last date of hire with commencement of employment. However, the Companyparties may agree to extend the trial period. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an An employee shall be lost and his/her employment automatically terminated lose his seniority rights, regardless of his years of continuous service, for any of the following reasons.
(a) he/she , and the duration of his continuous service shall be maintained in the other cases: If he voluntarily quits his/her his employment;
(b) he/she retires;
(c) he/she ; If he is discharged dismissed for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in cause; In the case of lay-off;
(ea regular employee, upon his failure to report to work within the five ( 5 ) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days following his recall after a layoff due to lack of work, unless an explanation satisfactory his failure to report to work is due to sickness or other justifiable cause for which the onus of proof is on the employee; this recall must be made by telephone and confirmed by registered mail, certified letter or messenger service with acknowledgement of receipt, with a copy sent to the Company is given by UNION. In the case of a part-time employee;
(g) , if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she he fails to return to work immediately after a recall from layoff within seven (7) days after such recall notice was forwarded by registered mail to his last known address on file with the Company EMPLOYER; In the case of a regular employee, after twelve (12) calendar months, following a layoff; In the case of a part-time employee, if he has been notified by laid off continuously for a doctor period of more than twelve (12) months, or Workplace Safety and Insurance Board that a period equal to his seniority, whichever is the employee lesser; In the case of a regular employee, if he is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.absent for three
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 The seniority of an employee 10.01 Seniority, as referred to in this Agreement, shall be defined as mean length of uninterrupted continuous service with the Employer since the last date of hire with hire. All employees shall be on probation for a period of sixty (60) days worked. On successful completion of the Company. Seniority shall only probationary period he will be credited upon the completion with seniority from date of hire. It is understood and agreed that work on any part of a probationary period day counts as a day worked for the purposes of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementArticle.
14.02 The seniority of an 10.02 An employee shall lose all seniority and shall be lost and his/her employment automatically deemed to have been terminated for any of the following reasons.if:
(a) he/she quits his/her employmentan employee quits;
(b) he/she retiresan employee is discharged and not reinstated under the terms of this Agreement;
(c) he/she is discharged an employee has been laid off for just cause and is not reinstateda period in excess of his length of seniority up to a maximum of twelve (12) months;
(d) he/she does not perform work for an employee fails to notify the Company for a period Employer within three (3) calendar days, exclusive of twelve Saturday, Sunday and holidays, of receipt of notice of recall and report within seven (127) months in calendar days from receipt of such notice. Notice of recall may be by telephone or telegram confirmed by registered mail to the case of lay-offemployee's last address registered with the Employer. If notice is by registered mail, it shall be deemed to have been received on the second day following registration;
(e) he/she does not perform work an employee utilizes any leave of absence for the Company for a period of twenty-four (24) months for any other reason purposes other than lay-offfor which the leave was granted, provided that or fails to return to work after expiration of a leave of absence without providing a satisfactory reason to the Company has met its obligations to accommodate the employee under any applicable legislationEmployer;
(f) he/she an employee is absent from scheduled work without permission for more than a period of three (3) consecutive working days unless an explanation without notifying the Employer of such absence and providing a satisfactory reason to the Company is given by the employee;Employer.
(g) if an he or she is a part time employee overstays and he or she refuses six (6) shifts in a vacation calendar year after advising he or leave she is available for work.
10.03 The Employer shall maintain lists showing the name, seniority, department and current classification of employees. The seniority lists shall be revised and posted in the first full week of January and July and copies provided to the Local Union Chairperson.
10.04 Where permanent vacancies in the bargaining unit occur which the Employer decides to fill on a full time basis, such vacancies will be posted in the Hotel. The posting shall indicate those qualifications required by the Employer.
10.05 Such vacancies shall be posted for a period of five (5) working days and employees bidding on job vacancies must make written application to the Director, Human Resources, no later than the fifth day of the posting.
10.06 Vacancies which will not or are not expected to exceed ninety (90) calendar days and vacancies caused by absence due to illness, accident, leaves of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager (including maternity leave) need not be posted unless an explanation satisfactory agreed to the Company is given by the employeeparties. Such temporary vacancies may be filled at the discretion of the Employer.
10.07 The Employer shall consider applicants for whom a successful bid would result in a promotion or transfer to a higher or equal rate classification. In cases of promotion or transfer, the following factors shall be considered:
(a) skill, ability, qualifications and experience;
(hb) if seniority with the Employer; When the matters in factor (a) are relatively equal, then factor (b) shall govern.
10.08 Where an employee who has been selected as a successful applicant under this Section and it is recalled subsequently determined by the Employer that he cannot satisfactorily perform the job, the Employer will attempt during the first thirty (30) days from the date on which the employee was first assigned to work fails the vacancy to return within ten (10) calendar days of mailing of notification him to return. Such mailing shall be by registered mail to his former job.
10.09 If the last address of vacancy is not filled on the employee that foregoing basis, the Company has Employer may fill the job in question in its files for that employee;discretion.
(i) If 10.10 The Employer may assign any employee to any vacancy on a temporary basis including the period of time during which the posting has been completed. In the event an employee utilizes is assigned to a leave of absence for purposes job other than those for that to which it was granted;
(j) he/she fails is permanently assigned for a minimum of one (1) hour or more, he/she shall receive his/her own rate, or the rate of the job to return to work immediately after which he/she is assigned, which ever is the Company has been notified by a doctor or Workplace Safety and Insurance Board that higher, for all hours worked in the assigned position. In the event the employee is able assigned to return a job that has a higher rate of pay, the Employer will endeavour to his/her job provided that assign employees on the Company has met its obligations to accommodate basis of seniority. In the event the employee under is assigned to a job that has a lower rate of pay, the Employer will endeavour to assign employees on the basis of inverse order of seniority.
10.11 The Employer shall not consider any applicable legislation. It will be applicant to a posting who has, within the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentprior six (6) month period successfully bid on a vacancy.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an 12.01 An employee shall not have any seniority, and shall be defined considered as length a probationary employee until he/she shall have attained seniority status by actually working a total of uninterrupted service since the last 20 shifts from date of hire with the Company. Seniority shall only be credited upon Existing employees as of the completion signing of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee agreement shall be lost and his/her employment automatically terminated for any of the following reasonsdeemed established, non-probationary employees.
(a) he/she quits his/her employment;The Parties recognize that job and training opportunity, shift preference, days off preference, requests for leaves of absences and job security shall increase in proportion to length of service. It is understood that the customer's criteria, skills and ability will be used in the scheduling of employees to available work.
(b) heIn recognition, however, of the responsibility of the Management for the delivery of services, it is understood and agreed that in all cases referred to in Section 12.01 (a), Management shall have the right to pass over any employee if it is reasonably believed that the employee does not have the ability and/or physical fitness to perform the work.
12.03 Seniority shall be from date of hire.
12.04 An employee shall lose his/she retiresher seniority standing and his/her name shall be removed from all seniority lists for any one of the following reasons:
1) if the employee voluntarily quits;
(c2) he/she if the employee is discharged for just cause and is not reinstatedreinstated in accordance with the provisions of this Agreement;
3) if the employee is laid off and fails to return to work within five (d5) hedays after the employee has been notified to do so by the Employer by registered mail to the employee's last known address (a copy of such notice shall be sent to the Union). However, should the registered letter not be delivered in the ordinary course of mail through no fault of the employee, the five (5) day period will commence only after the employee ought to reasonably have become aware of his/she does not perform her recall;
4) if the employee has been on layoff for lack of work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of more than twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationconsecutive months;
(f5) he/she if an employee is absent from work without permission for more than three (3) consecutive working days days, without notifying the Company, unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files a reasonable excuse for that employee;failing to notify.
(i6) If an employee utilizes a remains on non-medical or non-Union business leave of absence with permission in excess of one year (twelve (12) months).
12.05 Employees hired on the same day will have their names placed in a lottery for purposes other than those their perspective trades and will be assigned their seniority accordingly. This will be done in the presence of a Union representative.
12.06 Committeepersons and Union Stewards will be issued an up-to-date seniority list on or about June 30th and December 31st of each year. A copy shall be posted on the bulletin board for employee inspection.
12.07 Job Vacancies
a) Announcements of opportunities for all job vacancies in new or existing jobs, within the bargaining unit, will be posted on the bulletin boards for a period of fourteen (14) full working days prior to the filling of the job vacancy. Employees desiring consideration in the filling of the job vacancy shall signify their desire by signing the job notice during the period in which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationposted. It will All jobs shall be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.awarded within ten
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an 10.01 An employee shall be defined as length considered to be on probation until he/she has completed seven hundred and twenty (720) hours of uninterrupted continuous satisfactory service since the last date of hire with the Company. Seniority shall only be credited upon , but shall, on the completion of the said service be given seniority rights from the date of hiring. In the case of intermittent employment,
10.02 Seniority shall be accumulated by the time worked in the employ of the Company, plus time lost not in excess of two (2) years, due to each layoff or each leave of absence, except that in no case shall an employee accumulate more seniority while on such layoff or leave of absence, than an amount equivalent to the amount of seniority he/she had on the effective date of such layoff or leave of absence. In the case of leaves granted pursuant to 10.16, this shall be three (3) years.
10.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four (4) 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 of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly as provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasonssection 10.01.
(aB) heA seniority list of each occupational group.
10.04 All seniority rights of an employee, who leaves the employ of the Company, shall cease where:
(A) He/she quits his/her employment;voluntarily resigns.
(bB) heHe/she retires;has been discharged and such discharge is not reversed through the grievance procedure.
(cC) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) heHe/she is absent from work without permission for more than three (3) consecutive working days for reasons other than illness or injury without having applied for and obtained a leave of absence for a definite period from the Company, unless an explanation satisfactory there is a good reason, acceptable to the Company is given by the employee;provided for such failure to meet this time limit.
(gD) if an employee overstays a vacation He/she is absent for seven (7) consecutive days due to illness or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager injury unless an explanation satisfactory to the Company is given notified of such condition in writing by the employee;employee or his/her agent within the said seven (7) days, provided, however, that such notification shall be deemed to have been given if the employee is incapacitated to the extent that he/she cannot notify the Company within the time and in the manner aforesaid, unless failure to provide written notification is for good reason.
(hE) if an employee who He/she is recalled absent due to work illness or injury and has notified the Company or has been deemed to have notified the Company within the time and in the manner in the next preceding paragraph provided, but fails to report for work when medically approved for return to work.
(F) He/she fails, after a layoff to report for work within ten three (103) calendar working days of mailing of after notification to return. Such mailing that he/she should return shall be have been delivered or mailed by registered mail to the last address of given to the Company by the employee. If, however, the employee that the Company does report within thirty (30) calendar days and has in its files a satisfactory excuse for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) his/her failure to report earlier, his/her seniority status shall be maintained but he/she fails shall not be permitted to exercise his/her seniority rights to displace another employee. He/she shall, however, be permitted to fill the next available vacancy and after so doing shall be permitted to exercise his/her seniority rights.
(G) He/she has been laid off for three (3) years or over. Employees hired after April 1, 2012 will lose seniority after being laid off for two (2) years or over.
10.05 Employees must notify the personnel department of the Company in writing or updating of the HRIS of any change of address. The Company may rely on the last address given to it on sending notices to the employees.
(A) An employee must work in a occupational group (Groups 27, 30, 32, 33, 35, 39, and 45) for a trial period of up to fifty five (55) working days and in all other occupational groups for a trial period of up to forty (40) working days to acquire occupational group seniority. When his/her trial period is completed his/her name will be placed on the appropriate occupational group seniority list. When an employee is removed, except through layoff, from an occupational group during his/her probationary period, he/she will lose all days accumulated towards seniority in that group.
(B) An employee will not be entitled to seniority within an occupational group until he/she is entitled to have his/her name placed on the master seniority list. The time spent within an occupational group while acquiring master seniority shall count towards acquiring occupational seniority.
(C) When an employee has completed his/her trial period within an occupational group, he/she will be entitled to have his/her occupational group seniority coincide with his/her master seniority.
(D) An employee who leaves an occupational group voluntarily will retain occupational group seniority and may return to work immediately after the Company has been notified by a doctor such occupational group through layoff or Workplace Safety and Insurance Board that the job posting providing such employee is able to return to his/her job provided that do the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility work required.
10.07 Seniority rights of employees to provide written notification of any changes in their address to the Human Resources Department.shall be exercised upon a layoff or recall as follows:
Appears in 1 contract
Sources: Collective Labour Agreement
SENIORITY. 14.01 The seniority (a) Seniority of an employee shall be defined as mean the length of uninterrupted his unbroken service since with the last Company (or its immediate predecessor) in the bargaining unit covered by this Agreement, except as provided in clauses 9.01 (b) and (c) below.
(b) It is agreed that clause 9.01 (a) above shall not be applied to alter any seniority date which has been established prior to the effective date of hire this Agreement.
(c) In any case where an employee has been transferred by the Company to a position outside of the bargaining unit and the Company desires to retain his services, it is hereby agreed that the reinstatement can be made within the bargaining unit to his original rated classification and placed upon the seniority list with his original date of employment, less the amount of years and months in excess of one (1) year he spent working outside of the bargaining unit. It is understood, however, that his combined seniority would apply for vacation, pension, severance pay and welfare benefits.
9.02 For the purposes of this Agreement, Outside Employees and Inside Employees shall each be considered as a separate seniority group. A seniority list shall be maintained by the Company for each of these seniority groups showing the name and seniority date of each employee who has acquired seniority under this Agreement. Such lists will be posted quarterly on the bulletin boards of the respective seniority groups.
9.03 An employee's service with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee Company shall be lost and his/her employment automatically terminated for any of the following reasons.broken if that employee:
(a) he/she quits his/her employment;Voluntarily leaves the employ of the Company, or
(b) he/she retires;Is discharged, or
(c) he/she is discharged Is absent without leave for just cause and is not reinstated;a period greater than two (2) working days, or
(d) he/After layoff fails to report for work five (5) working days after being recalled. The Company shall forward a registered letter to the last known address. If the person fails to report for work, he or she does not perform work for the Company shall forfeit all seniority rights.
(e) Is on layoff for a period in excess of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmonths.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 9.01 The seniority of an employee term “seniority,” as used herein, shall be defined as length of uninterrupted service since mean accumulated time from the last original date of hire in this facility, unless interrupted by circumstance detailed in any clause in this collective agreement as agreed upon by the parties.
9.02 In the case of equality in seniority ranking, seniority shall be determined by the lowest employee number. Employee numbers will be randomly selected by lottery method during the hiring process for the purposes of this clause.
9.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons:
a) If he voluntarily quits.
(a) he/she quits his/her employment;
(b) he/she retires;If he is discharged and not reinstated through the grievance procedure.
(c) he/she is discharged for just cause and is not reinstated;If he retires.
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation;
(f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days unless an explanation (excluding premium days), without satisfactory to the Company is given by the employee;medical evidence.
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(ie) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to has been laid off and does not return to work immediately after within five (5) days of notification by phone or from delivery of the Company has been notified by a doctor or Workplace Safety and Insurance Board that first notice of the registered letter, advising him to report for duty. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing.
f) If an employee is able laid off due to return lack of work and not recalled for a period of service to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. a maximum of forty-eight (48) months.
9.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company promptly of any changes change in their address and telephone number (listed or unlisted) in a manner determined by the Company. If any employee fails to do so, the Company will not be responsible for failure of any contact or written notice or e- mail to reach such employee. A copy will be sent to the Human Resources DepartmentLocal Union President.
9.05 The Company agrees to post quarterly an up-to-date seniority list. A copy of the seniority list will be provided for the Plant Chairperson and to the Local Union President.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 8.01 The seniority parties recognize that job opportunity and security shall increase in proportion to length of an employee service and qualifications. It is therefore agreed that in all cases of vacancy, promotion, transfer, lay-off and rehiring after lay-off, senior qualified employees shall be defined entitled to preference. If the vacancy or permanent newly created position is not filled as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion a result of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked posting, or six (6) monthsif no suitable applicants are received, whichever comes first, for part- time. Seniority rights will apply only the employer reserves the right to the extent expressly provided in this agreementhire.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any 8.02 In recognition of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she responsibility of management for the efficient operations of the plant, it is discharged for just cause understood and is not reinstated;
(d) agreed that in all cases Management shall have the right to pass over any employee if it establishes that he/she does not have the ability to perform the work for or has not performed to standard on his/her present or last successful bid job. If a dispute arises as to his/her ability to perform the Company for work, he/she shall be given a trial period as specified in Clause 8.07(c). It is expressly understood that this does not apply in cases of bumping due to lay-off.
8.03 Seniority of each employee covered by this Agreement shall be established after a probationary period of twelve sixty (1260) months in days worked and completed within ninety (90) working days and shall count from date of employment. Seniority shall be accumulated and maintained within the case of following divisions:
1) Sudbury Local ▇▇▇▇
▇) ▇▇▇▇▇▇ ▇▇▇▇▇ Local 8214 An employee may only use such seniority provisions within his own division.
8.04 Seniority shall be maintained and accumulated during:
(a) absence due to lay-off;
(eb) sickness and accident; and
(c) authorized leave of absence.
8.05 An employee shall lose his/her seniority standing and his/her name shall be removed from the seniority list for any one of the following reasons:
1) If the employee voluntarily quits;
2) If the employee is discharged for proper cause and is not reinstated in accordance with the provisions of this Agreement;
3) If the employee is laid off and fails to return to work within five (5) working days after he/she does not perform work for has been notified to do so by the Company for a period by registered mail to his/her last known address. A copy of twenty-four (24) months for any other reason other than lay-off, provided that such notice shall be sent to the Company has met its obligations to accommodate the employee under any applicable legislationUnion;
(f4) he/she is If absent from work without permission for more than three (3) consecutive working days without notifying the Company, unless an explanation satisfactory to the Company is given by the employeehaving legitimate reasons for not doing so;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i5) If an employee utilizes a leave less than (1) year's service has been off the active payroll of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by for a doctor or Workplace Safety and Insurance Board that period of six (6) months. In the case of an employee is able with one (1) year of service, this shall be extended to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.twelve
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The 10:01 Unless otherwise stated, as in Article 4.02 (b), seniority as used in this Collective Agreement shall mean length of service from the employee's first day on the job.
10:02 Seniority shall accrue from the first day on the job following being hired or rehired by the Employer or a Board over which this Employer now has jurisdiction.
10:03 An employee ceases to be an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated Board for any of the following reasons.:
(a) he/she quits his/her employmentresigns;
(b) he/she retiresis discharged and not reinstated through the grievance or arbitration procedure;
(c) he/she fails to return from leave of absence, vacation or suspension unless such absence is discharged for just cause and is not reinstated;proven to the satisfaction of the Employer to have been due to causes beyond the employee's control.
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory such absence is proven to the Company is given by satisfaction of the Employer to have been due to causes beyond the employee's control;
(ge) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory he/she fails to the Company is given by the employee;
(h) if an employee who is recalled report to work fails to return after a lay-off within ten seven (107) calendar days after receiving delivery of mailing notice of notification to return. Such mailing shall be recall by registered mail to the last address of the employee that of which the Company Employer has record, unless such failure is proven to the satisfaction of the Employer to be due to causes beyond the control of the employee. An employee is responsible for advising the Employer in its files for that employeewriting of his/her address from time to time while he/she is on lay-off;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(jf) he/she fails to return to work immediately after is laid off for a period longer than thirty-six (36) consecutive months, with the Company exception that Educational Assistants shall retain their right of recall for sixty (60) months.
(g) he/she retires or is retired;
(h) he/she has been notified by on indefinite leave of absence in accordance with Article 20:04 for a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It period of two (2) years.
(a) All new employees will be the responsibility hired on a probationary basis for a period of employees to provide written notification of any changes in their address to the Human Resources Department.forty-five
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The 10:01 Unless otherwise stated, as in Article 4.02 (b), seniority as used in this Collective Agreement shall mean length of service from the employee's first day on the job.
10:02 Seniority shall accrue from the first day on the job following being hired or rehired by the Employer or a Board over which this Employer now has jurisdiction.
10:03 An employee ceases to be an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated Board for any of the following reasons.:
(a) he/she quits his/her employmentresigns;
(b) he/she retiresis discharged and not reinstated through the grievance or arbitration procedure;
(c) he/she fails to return from leave of absence, vacation or suspension unless such absence is discharged for just cause and is not reinstated;proven to the satisfaction of the Employer to have been due to causes beyond the employee's control.
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory such absence is proven to the Company is given by satisfaction of the Employer to have been due to causes beyond the employee's control;
(ge) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory he/she fails to the Company is given by the employee;
(h) if an employee who is recalled report to work fails to return after a lay-off within ten seven (107) calendar days after receiving delivery of mailing notice of notification to return. Such mailing shall be recall by registered mail to the last address of the employee of which the Employer has record, unless such failure is proven to the satisfaction of the Employer to be due to causes beyond the control of the employee. An employee is responsible for advising the Employer in writing of his/her address from time to time while he/she is on lay-off;
(f) he/she is laid off for a period longer than thirty-six (36) consecutive months, with the exception that Educational Assistants shall retain their right of recall for sixty (60) months.
(g) he/she retires or is retired;
(h) he/she has been on indefinite leave of absence in accordance with Article 20:04 for a period of two (2) years.
(a) All new employees will be hired on a probationary basis for a period of forty-five (45) working days, subject to Articles 4:03 (c) and/or 4:04 (c).
(b) A new employee who successfully passes the Company probation period shall be listed by name and seniority date, on the seniority list and shall thenceforth be considered a permanent employee with all of the rights and obligations of this Agreement.
10:05 The selection and promotion of employees to positions outside the bargaining unit are not governed by this Agreement. In the event an employee is or has been promoted to any such position and is, within two (2) years, returned to a position within the bargaining unit, he/she shall be credited with the seniority attained at the time of his/her promotion but shall not accumulate further seniority during the period outside the bargaining unit and upon his/her return he/she shall be placed in its files a position consistent with his/her qualifications and seniority. The provisions of Article 11:09 will also apply to this Article.
10:06 The Employer agrees to provide, to the Union, as at June 15, 1998, in duplicate, plus one copy to each location, and then an accurate Seniority List by the 15th day of January and the 15th day of June of each year to include, employee name, job classification and seniority date. Disagreement regarding the Seniority List must be raised by January 31 and June 30 of each year or the list shall be deemed to be accurate.
10:07 Lay-Off
(a) Seniority shall be the determining factor in cases of lay-off subject to Articles 10:09 through 10:18.
(b) A lay-off shall be defined as a reduction in the work force or a reduction in the regular hours of work as defined in this Agreement or the elimination of an encumbered position.
(c) No full time employee under the Bargaining Unit shall be laid off by reason of his/her duties being assigned to one or more part time employees.
10:08 Notice of lay-off shall be in writing thirty (30) working days before the lay-off is to take place and signed by a duly authorized representative of the Employer.
10:09 This lay-off process is qualified with the provision that individuals have the necessary skill, ability, and qualifications for the job in question.
(a) When the position occupied by an employee has been identified as redundant, the employee has the right to be considered for placement in an alternate position by way of a bumping procedure based on seniority. However, to avoid the necessity for a prolonged bumping process, the Employer and the Union will work together prior to the bumping procedure to review requests for transfers which could alleviate some bumping.
(b) The employer will ensure that employee;CUPE 1238 employees are notified of their right to request a transfer. The employer will record and maintain a file of all lateral transfer requests.
(c) First consideration will be given to lateral transfer requests from employees in schools being officially studied for potential closures, and employees who are subject to layoff for any reason. It is understood that during this agreement, a lateral transfer by a senior person, whose job has been declared redundant would supersede all posting provisions.
(d) Failing the above attempts, individuals would be able to institute the following bumping arrangement in the event of school closures and layoffs resulting in job loss.
(i) If an At the employee's request, if the affected employee utilizes has the right, based on seniority to exercise the bumping provisions, the employer will assign the affected employee into another position for a leave period of absence for purposes other than those for which it was granted;up to one (1) year.
(je) he/she fails to return to work immediately after STEP A (i) Displace the Company least senior employee in the same job classification within the geographic boundaries of the predecessor board, who has been notified by a doctor the same or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility more number of employees to provide written notification of any changes in their address to the Human Resources Department.hours per week; or;
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The 8.01 An employee will be on probation and not acquire seniority until they have completed the 480 hours of an employee active employment within the twelve (12) month period following their hiring. On successful completion of the probationary period they shall then be defined as length credited with seniority equal to the probationary period served and any seniority thus acquired may be exercised in the manner set out in this article. At the request of uninterrupted service since the last company, the probationary period may be extended with the consent of the union.
8.02 Seniority is calculated from the most recent date of hire with the Company. Seniority company as a full-time employee.
8.03 It being understood that the release of an employee during the probationary period shall only not be credited upon the completion subject of a grievance under the grievance procedure, an employee who has completed the probationary period of ninety (90) calendar days and has seniority, who is discharged for full- time just cause, may lodge a grievance in the manner and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementthe grievance procedure.
14.02 The 8.04 Where a person who is in a position with the company that is not covered by this agreement is returned to a position that is covered by this agreement they shall be credited with seniority from their date of an hire, provided that seniority shall not accrue while the employee is outside of the unit.
8.05 Seniority shall be lost and his/her employment automatically deemed terminated for any of the following reasons.if:
(a) he/she quits his/her employmentan employee is discharged and is not reinstated through the grievance and arbitration procedure;
(b) he/she retiresan employee resigns;
(c) he/she an employee is discharged laid off for just cause and more than twelve (12) months, or the amount of their seniority, whichever is not reinstatedless;
(d) he/she does not perform work for an employee on lay off fails to return to the Company for a period company in accordance with their notice of twelve (12) months in the case of lay-offrecall;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those the reason for which it was granted;
(jf) he/she an employee fails to return upon completion of any leave of absence except for reasons satisfactory to the company. (The company shall not act in a discriminatory or unreasonable manner in assessing reasons provided by employees);
(g) an employee is absent from work without permission, cause and/or notification to the company for a period of three (3) consecutive working days;
8.06 A full time employee shall continue to accumulate seniority while:
(a) in the active employ of the company;
(b) absent for up to four (4) months through verified illness or in receipt of Workers’ Compensation Benefits, or on leave of absence for up to three (3) months, applicable to employees with less than one (1) year of seniority;
(c) absent for up to eighteen (18) months through verified illness or is in receipt of Workers’ Compensation Benefits or is on a leave of absence for up to three (3) months, applicable to employees with one (1) or more year;
(d) on pregnancy or parental leave for such period as may be prescribed by the Employment Standards Act;
(e) on a modified work program.
8.07 The company shall maintain an up to date seniority list showing each employee’s seniority date, as calculated in accordance with this article, and the employee’s current classification. The list will be posted on the union bulletin board in March, June, September and December each year, and a copy sent to the secretary of the union. Such list shall be deemed conclusive for the purposes of this provision unless an employee grieves its accuracy in accordance with article 7 within two (2) weeks of the posting of the list.
(a) In the event of a reduction in the work force or recall, the company will assess and consider the following factors in determining which employees are to be laid off or recalled providing that the employee exercising their seniority have the skill, ability and qualifications to perform the work then available without training or instruction and are willing to do so at the prevailing rate of pay for such work.
(b) An employee subject to lay-off shall exercise their seniority and displace the junior employee whose job they can perform on the seniority list.
(a) Employees shall be recalled to work in reverse order of seniority subject to article 8.08(a).
(b) Employees shall be notified of recall by telephone or registered letter sent to the employee’s last known address according to the company records and shall advise the plant manager within two (2) working days of receipt of the notice as to whether he intends to return to work immediately after in accordance with the Company has recall notice.
(c) Notification shall be deemed to have been notified received by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.three
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority
7.01 Seniority is defined as the length of an employee employee's service within the bargaining unit and shall be defined as length of uninterrupted include service since the last date of hire with the Company. Seniority shall only be credited upon Employer prior to the completion certification or recognition of the Union.
(a) Until an employee has completed a probationary period of ninety forty-five (9045) calendar days for full- time and four of work (or three-hundred and eightythirty-seven and one half (487.5337.5) hours worked or six (6of work are other than the standard work day) within any twelve calendar months, whichever comes firstshe/he shall be considered to be on a probationary basis, for part- timehaving no seniority rights. Seniority rights Upon satisfactory completion of the probationary period an employee will apply only then acquire seniority standing dating from the date she/he commences her/his current period of employment. With the written consent of the Hospital, the probationary employee and the President of the Local Union or designate, such probationary period may be extended. Any extensions agreed to shall be in writing and will specify the extent expressly provided in this agreement.
14.02 length of such extension. The seniority discipline, release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration.
7.03 An employee’s seniority shall be lost cancelled and his/her his employment automatically shall be terminated for any of the following reasons:
(a) If the employee quits;
(b) If the employee is discharged and his discharge is not reversed through the grievance procedure;
(c) If the employee has been laid off and fails to return to work within five (5) working days after he has been notified by the Hospital to do so through registered mail addressed to the last address on the records of the Hospital;
(d) If the employee is absent from work for more than two (2) consecutive working days without providing a reason satisfactory to the Hospital;
(e) If the employee overstays a leave of absence granted by the Hospital without providing a reason satisfactory to the Hospital;
(f) If the employee has been laid off for a period in excess of forty eight (48) months without being recalled to work by the Hospital;
(g) If the employee retires;
(h) If the employee, as a condition of employment, within the first year of employment fails to complete registration or certification requirements.
7.04 Should the Hospital merge, amalgamate or combine any of its operations or functions with another Hospital, the Hospital agrees to the retention of seniority rights for all employees with the new Hospital.
7.05 A seniority list shall be submitted to the Union and posted on the bulletin boards every six (6) months.
7.06 When two (2) or more employees have the same seniority between them seniority shall be determined in alphabetical order of their last name at their last date of hire.
(a) he/she quits It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his/her employment;consent except in the case of temporary assignments not exceeding six (6) months. This period may be extended a further six (6) months upon the agreement of the employee and the Hospital. Such employees on temporary assignments shall remain members of the bargaining unit.
(b) he/she retires;
(c) he/she An employee who is discharged for just cause and transferred to a position outside the bargaining unit shall not accumulate seniority. In the event the employee is not reinstated;
(d) he/she does not perform work for retuned by the Company for Hospital to a period of twelve (12) months position in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-bargaining unit within twenty four (24) months for any other reason other than lay-off, provided that of the Company has met its obligations to accommodate transfer he or she shall be credited with the seniority held at the time of the transfer. An employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory not returned to the Company is given by the employee;
bargaining unit within twenty four (g24) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing months shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentforfeit bargaining unit seniority.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The ARTICLE 10.02 A revised seniority list, showing the date upon which each employee’s continuous service commenced, shall be sent to the Secretary of an Local 1453 and posting in each work site in November and March of each year. Any challenge to such list must be filed with the Human Resources Department within thirty (30) days of mailing and posting. Once accepted, the approved seniority list will form the base to which all hours of seniority will be added. Current hours of seniority will be used in cases where seniority is a factor. Once approved, the seniority list shall be accepted as conclusive for all purposes.
ARTICLE 10.03 A new employee, including any employee who is re-employed after having lost any seniority rights, shall be employed on a probationary basis for his/her first sixty (60) working days and thereafter, if retained, his/her seniority shall be effective from the date of commencement of his/her employment. Only hours applicable to the CUPE position for which the employee has been hired will be counted during the probationary period.
ARTICLE 10.04 An employee shall be defined as length of uninterrupted service since lose his/her seniority standing, have his/her name removed from the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost list and his/her employment automatically terminated for any of the following reasons.:
(a) he/she a. if the employee quits his/her employmentor resigns;
(b) he/she retires;
(c) he/she b. if the employee is discharged for just cause and is not subsequently reinstated;
(d) he/she does not perform work c. if the employee is absent without permission or overstays a permitted leave of absence and fails in either case to furnish to the Board an acceptable reason for such absence, or if the Company employee uses the permitted leave of absence for a period of twelve (12) months in reason other than the case of lay-off;reason for which it was granted.
(e) he/she does not perform work d. If the employee has been laid off for the Company for a period of more than twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate consecutive months;
e. If the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work following a layoff and fails to return advise the Board within ten seven (107) calendar days of mailing of notification to return. Such mailing shall be notice by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return sent to his/her job provided last address on record with the Board that the Company has met its obligations he intends to accommodate the employee under any applicable legislation. It will be the responsibility return to work, or fails within that period of employees time to provide written notification of any changes in their address a reason acceptable to the Human Resources DepartmentBoard for not returning.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee 21.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted service since in the last bargaining unit, dating back to original date of hire with at the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided locations identified in this agreement.Article I
14.02 The seniority of an 21.02 An employee shall lose his/her seniority and the employee's employment shall be lost and deemed to be terminated in the following circumstances:
(a) if he/she voluntarily quits his/her employment automatically terminated for any of with the following reasons.
(a) he/she quits his/her employmentEmployer;
(b) that he/she retiresis discharged and is not reinstated through the Grievance or Arbitration Procedures;
(c) that he/she is discharged off work because of lay-off, accident or illness for just cause and twelve (12) months or the length of the employee's seniority, whichever is not reinstatedshorter;
(d) fails to notify the Employer within two (2) working-days that he/she does not perform will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working-days after being notified by the Company Employer by registered mail to report for work following lay- off unless a period of twelve (12) months in reason satisfactory to the case of lay-offEmployer is given;
(e) he/she does not perform absence from work for one (1) day without notifying the Company for a period of twenty-four (24) months for any other reason other than lay-offEmployer, provided that the Company has met its obligations to accommodate the employee under any applicable legislationexcept in extenuating circumstances;
(f) if he/she accepts other employment during any leave of absence granted by the Employer.
21.03 An employee shall accumulate seniority under any of the following conditions:
(a) when actually at work for the Employer;
(b) when absent on vacation with pay, on plant holidays or on approved leave of absence [up to three (3) months for leave of absence];
(c) during any period when he/she is absent prevented from performing his/her work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given Employer by reason of illness, accident and/or injury arising out of and in the employee;
(g) if an employee overstays a vacation or leave course of absence without securing his/her employment for the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those Employer and for which it was granted;
(j) he/she fails to return to work immediately after is receiving compensation under the Company has been notified by a doctor or Workplace Safety and Insurance Board that provisions of the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.Workers'
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The seniority of an 9.01 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of considered a probationary period employee until he has worked a total of ninety (90) actual days, consecutive or intermittent, within any period of one (1) calendar days for full- time year. A probationary employee shall have no seniority. A probationary employee who is retained in the employ of the Company following completion of the probationary period, aforesaid, shall acquire seniority, shall then become a seniority employee and four hundred his name shall be added to the seniority list with a seniority date which is the first date worked in that calendar year. Article 7 and eighty-seven 8 of this Agreement are not applicable to a probationary employee and one half (487.5) hours worked or these articles are not available to the Union on behalf of a probationary employee.
9.02 The Company will prepare and post seniority lists, every six (6) calendar months, whichever comes firstwhich lists will include the name of each seniority employee, for part- timethat employee’s classification, that employee’s department, that employee’s shift, when applicable, and that employee’s seniority date. Seniority rights A copy of the seniority lists will apply only be sent to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasonsUnion office.
(a) he/she quits his/her employmentSeniority shall be determinative only as expressly provided in this Agreement.
(b) Seniority means length of continuous service with the Company. It entitles the employee to preference in cases of decrease or increase of the working force in accordance with Article 10.02.
9.04 An employee shall lose his seniority and his employment shall be terminated if the employee:
(a) quits, resigns or retires;
(b) he/she retiresfails to report for work or fails to notify the Company for two (2) consecutive working days without supplying a reason satisfactory to the Company for such failure;
(c) he/she is discharged laid off and not recalled for just cause and is not reinstateda period of thirty-six (36) months;
(d) he/she does not perform has been laid off and fails to return to work for within five (5) working days after recall by the Company; provided that notice of recall which has been sent to the employee by registered mail at his address on the records of the Company for a period of twelve shall conclusively be deemed to have been received by the employee on the fifth (125th) months in the case of lay-offday after it was mailed;
(e) he/she does is discharged and not perform work for reinstated pursuant to the Company for a period provisions of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationgrievance and arbitration procedures contained herein;
(f) he/she is absent from work overstays a leave of absence granted by the Company without permission for more than three (3) consecutive working days unless an explanation notifying the Company and without supplying a reason satisfactory to the Company is given by the employeefor such failure;
(g) if an employee overstays a vacation or engages in gainful employment while on leave of absence from the Company; or
(h) leaves work without securing the extension of such obtaining a leave of absence or vacation from absence, unless the Sales Manager or Human Resources Manager unless an explanation employee supplies a reason satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes not obtaining a leave of absence for purposes other than those for which it was granted;absence.
(ja) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It Seniority will be applied on a “departmental basis” and each seniority employee will be classified as a member of one of the responsibility of employees to provide written notification of any changes in their address to the Human Resources following Departments:
(1) ▇▇▇▇ Department.
(2) Packaging Department
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 (a) Except as expressly provided herein, the seniority of an individual employed by the Company means the length of his continuous service with the Company since the date of his last hiring by the Company.
(b) When two or more employees have exactly the same seniority level with the Company and that the determining factor in their particular situation is their seniority level, the most senior will be determined by the luck of the draw for employees hired prior to July 1, 1996.
(c) Employee numbers assigned by the Company will be deemed the order for which will be considered the seniority date for all employees hired after July 1, 1996 as it pertains to Article 11 of this agreement.
11.02 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be completely lost and his/her employment automatically terminated for any of the following reasons.if he:
(a) he/she quits his/her employment;or retires, or
(b) he/she retires;is discharged and is not reinstated through the Grievance and Arbitration Procedure, or
(c) he/she is discharged for just cause and is not reinstated;overstays a leave of absence without obtaining an extension of such leave from the Company, or
(d) he/she does not perform work for the Company is laid off for a period of in excess of
(i) twelve (12) months in where the case employee has less than one(1) year of seniority at the date of a lay-off;
(ii) thirty-six (36) months where the employee has more than one (1) year of seniority at the date of a lay-off.
(e) he/she does not perform is absent from work three (3) or more consecutive working days without furnishing to the Company either by telephone or letter a satisfactory explanation for such absence, unless it can be established that he was prevented from notifying the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;reasons beyond his control.
(f) if an employee fails to report for work in accordance with a notice of recall or within seven (7) calendar days after registered mailing date of such notice, whichever is later, unless it can be established that he/she is absent was prevented from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to notifying the Company is given by the employee;for reasons beyond his/her control.
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an 11.03 An employee who is recalled to work fails to return within ten transferred out of the bargaining unit will maintain but not accumulate seniority for nine (109) calendar days months after such transfer. At the end of mailing such nine (9) month period seniority will be lost. Seniority would be maintained in this manner for only the first time an employee was transferred out. Employees previously transferred out before the date of notification to returnratification of this agreement will have seniority maintained for nine (9) months from the date of ratification. Such mailing Probationary Employees
11.04 An employee shall be considered to be a probationary employee and shall have no seniority until he has actually worked four hundred and forty (440) hours in continuous service with the Company, at which time he shall have seniority dating from his last hiring.
11.05 A probationary employee may take advantage of the Grievance and Arbitration Procedure except where his employment has been terminated by registered mail discharge or otherwise. Notwithstanding any other provisions contained in this collective agreement, the Company shall have the right to discharge an employee during the last address probationary period provided for in Articles 11.04 and 11.05 where in the Company's view the continued employment of the employee that is not in the best interest of the Company. Seniority Lists
11.06 The Company has shall prepare a seniority list in its files for that March, July and November of each year showing the last hiring date of each employee;
. One (i1) If an employee utilizes a leave copy of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will such list shall be the responsibility of employees to provide written notification of any changes in their address supplied to the Human Resources DepartmentChairperson and one (1) copy shall be posted on the Union notice board.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. 12.01 Seniority rights will shall apply only to the extent expressly provided in this agreementAgreement.
14.02 The seniority 12.02 Seniority shall be defined as length of an continuous employment with the Employer in the bargaining unit.
12.03 An employee shall lose seniority and shall be lost and his/her employment automatically deemed terminated for in any of the following reasons.circumstances:
(a) he/she quits his/her employmentan employee resigns, retires, or is discharged for just cause;
(b) he/she retiresan employee has been laid-off for a period in excess of their accumulated seniority or for up to a maximum of one (1) year, whichever is lesser;
(c) he/she is discharged for just cause an employee who has been notified at their last known address to return to work following a lay- off and is not reinstatedhas failed to do so within seven (7) calendar days of delivery of the recall notice;
(d) he/she does not perform an employee fails to return to work for following the Company for a period expiration of twelve (12) months in the case an authorized leave of lay-offabsence without reasonable cause;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a an authorized leave of absence for purposes other than those for which it the leave was granted;
(jf) he/she fails to return to work immediately after the Company has been notified by an employee is absent for more than three (3) shifts in a doctor or Workplace Safety row and Insurance Board that the employee is able to return to his/her job has not provided a satisfactory explanation for that the Company has met its obligations to accommodate the employee under any applicable legislation. absence.
12.04 It will shall be the responsibility duty of employees to provide written notification notify the Employer and the Union of any changes in change of their address address. If any should fail to do so, the Human Resources DepartmentEmployer will not be
12.05 No employee shall be transferred to a position outside the bargaining unit without their consent. In the event an employee takes a permanent position outside the bargaining unit for a period longer than six (6) months, such employee shall lose their bargaining unit seniority.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 11.01 A new full-time employee will be considered on probation for three (3) calendar months from the date of hire. Upon completion of the probationary period the employee will be credited with seniority equal to their last date of hire. The seniority release, discharge or discipline of an employee during the probationary period shall be defined at the discretion of the Employer, except no discharge shall be arbitrary, discriminatory or in bad faith.
11.02 The Employer agrees to provide the Union, as length soon as practicable after the date of uninterrupted service since signing of this Agreement, and no later than the last date day of hire January (for the period ending December 31) and the last day of July (for the period ending June 30) thereafter during the term of this Collective Agreement, with a list showing the Company. Seniority shall only be credited upon the completion seniority of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementeach employee.
14.02 The seniority of an 11.03 An employee shall lose all seniority and be lost and hisdeemed to be terminated if s/her employment automatically terminated for any of the following reasons.he:
(a) he/she quits his/her employmenta. quits;
(b) he/she retiresb. is discharged and the discharge is not reversed throughout the grievance or arbitration procedure;
(c) he/she c. is discharged for just cause and is not reinstated;
(d) he/she does not perform absent from schedule work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) or more consecutive working days unless an explanation without notifying the Employer of such absence and providing a reason satisfactory to the Company is given by Employer.
d. fails to return to work upon the employee;
(g) if an employee overstays a vacation or leave expiration of absence without securing the extension of such his/her leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes a purpose other than those that for which it was granted;
e. has been laid off for the lesser of his/her length of seniority or twenty-four (j24) hemonths;
f. fails upon being notified of a recall to signify his/she her intention to return within three (3) working days after s/he has received a notice of recall;
g. fails to return report to work immediately within three (3) working days after the Company s/he has been notified by received a doctor or Workplace Safety and Insurance Board that notice of recall. In circumstances where the employee is able working for another Employer during a period of lay-off, the Employer may extend the reporting period to return a maximum of ten (10) calendar days.
11.04 a. Before any bargaining unit member suffers a reduction in earnings or is laid off, the Employer will request a meeting of the Labour-Management Committee as referred to his/her job provided that in Article 6.04. Part of the Company has met its obligations agenda for the meeting will be to accommodate provide the employee under any applicable legislationunion with information pertaining to the reasons for the reduction in earnings or layoff and to provide full and absolute disclosure of all financial rationale behind the decision as well as staffing rationale behind the decision. It One of the goals of the meeting will be the responsibility implementation of possible alternatives having regard for the desire of the parties to preserve job security for bargaining unit members. In the event it is deemed necessary to reduce earnings or staff, where at all feasible, individuals on contract, part time employees and contractors will be laid off, or have their contracts terminated, before any bargaining unit member suffers a reduction in earnings. Any agreement between PACE and the Union resulting from the above review concerning the method of implementation will take precedence over the other provisions of this agreement. It is expressly understood that a reduction in hours of work does not constitute a layoff such as to provide written notification give rise to bumping rights. The Employer agrees that in the event of any changes a reduction in the normal hours or work, the affected employees may exercise their address seniority rights over less senior employees within their classification and within their Program (i.e. Bathurst/▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Outreach). However, in the event of a permanent reduction in the normal hours of work anticipated to the Human Resources Departmentlast in excess of thirteen (13) weeks employees may exercise their seniority rights within their classification.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The 8.01 In all cases of layoff and recalls after layoff, seniority shall govern provided that the senior employee has the skill, ability and reliability to perform the work assigned.
8.02 In the event of a layoff or in the event that a highway driver has not been called in to work for three (3) consecutive days, a senior employee may transfer to another job provided that in the judgement of the Company, which judgement shall not be exercised in an arbitrary or unfairly discriminatory manner, he has the necessary skills and ability to justify the transfer.
8.03 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time lose his seniority standing and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee his name shall be lost and his/her employment automatically terminated removed from the seniority list for any of the following reasons.:
(a) he/she if he voluntarily quits his/her his employment;
(b) he/she retiresif he is discharged and not reinstated pursuant to the grievance procedure as provided in this agreement;
(c) he/she if, while on a layoff, he is discharged for just cause notified by registered mail, addressed to his last known address in the books of the Company, to return to work and fails to notify the Company within three (3) working days after the receipt of such notice that he is not reinstatedintending to return to work, and unless he returns to work within seven (7) working days after the receipt of such notice;
(d) he/she does not perform work for the Company if, while on a layoff for a period of over one (1) month, he is notified by registered mail, addressed to his last known address in the books of the Company, to return to work and fails to notify the Company within three (3) working days after the receipt of such notice that he is intending to return to work and unless he returns to work within two (2) weeks after the receipt of such notice;
(e) if he over-stays a leave of absence granted by the Company without first securing an extension in writing;
(f) if he accepts employment other than any employment that may be agreed upon by the Company and the Union while on a leave of absence;
(g) if he is off the payroll for a continuous period of nine (9) months;
(h) if he is off sick for three (3) days or more, without first notifying the Company of such sickness, a doctor's certificate must be produced before reporting back to work.
8.04 Seniority lists shall be revised every three (3) months, a copy of the list shall be posted in the terminal and a copy given to the Union ▇▇▇▇▇▇▇.
8.05 In the event that an employee covered by this agreement should be promoted to a supervisory or confidential position beyond the scope of this agreement and then returns to a position within the bargaining unit within twelve (12) months, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated while serving in such supervisory or confidential capacity, to a maximum of twelve (12) months months.
8.06 Notwithstanding anything contained in the case of lay-off;
(e) he/she does this agreement, probationary employees and employees who are not perform work regularly employed for the Company for a period of more than twenty-four (24) months hours per week, shall have no rights under this agreement.
8.07 Seniority as referred to in this agreement shall mean length of continuous service in the employ of the Company. An employee will be considered on probation for any other reason other than lay-offthe first sixty (60) working days of service his seniority shall date back to the day on which his employment began. The dismissal, provided that layoff or failure to recall after layoff of a probationary employee shall not be the Company has met its obligations to accommodate subject of a grievance.
8.08 Seniority shall accumulate on the employee under any applicable legislation;following circumstances only:
(fa) he/she is absent from work without permission when off the payroll due to layoff, sickness or accident in which case seniority shall continue to accumulate for more than three (3) consecutive working days unless an explanation satisfactory a period of time equal to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.six
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 16.01 During the first three (3) months of employment with the Employer, an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of considered a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsemployee and, whichever comes firston qualifying, for part- time. Seniority rights his seniority will apply only date back to the extent expressly provided in this agreement.
14.02 The seniority time of hiring. During his probationary period an employee shall be lost subject to all the provisions of this Agreement, save and his/her except the grievance and arbitration procedure in the event of his lay-off or termination of employment.
16.02 In the event that the first three (3) months of employment automatically terminated with the Employer are interrupted by a lay-off, the employee, if rehired within a period equal to his former service with the Employer, shall receive credit for any the number of calendar days previously employed by the Employer.
16.03 In lay-offs of employees from the work place seniority shall be the governing factor, provided that the employees retained are able, willing and qualified to perform the work. Notwithstanding the foregoing, the shop ▇▇▇▇▇▇▇ shall be one of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) last seven persons remaining on the job provided he/she is able, willing and qualified to perform the work available.
16.04 Permanent lay-offs shall be in accordance with the Employment Standards Act.
16.05 Employees shall be recalled in reverse order of lay-off provided that the employee recalled is able, willing and qualified to do the work.
16.06 An employee will lose his seniority and his employment: if he is discharged for just cause and if he voluntarily quits or retires if he fails to report to the Company within three (3) working days after the termination of a leave of absence, or if he fails to report to work following a lay-off within three (3) working days after being notified to return to work, or if he is not reinstated;
absent without leave for three (d3) he/she does not perform days or more. These days may be extended by the Company if a valid reason can be given. if he is absent from work due to illness, accident or lay-off for the Company for a period length of his service, up to twelve (12) months in the case of lay-off;
(e) he/she does not perform months. if he is absent from work for the Company for a period of due to more than twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmonths.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee 19.01 Seniority shall be defined as mean the length of uninterrupted continuous service since in the last date of hire bargaining unit with the Company, including time before the Union was certified to represent this bargaining unit, during which seniority is not broken under the provisions of this Collective Agreement. Seniority This Article shall only apply to all provisions of this Collective Agreement affected by seniority. When two (2) or more employees are hired on the same day, the employee who has the lowest last three digits of their social insurance number shall be credited upon deemed to be the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementsenior employee.
14.02 The 19.02 An Employee shall, lose their seniority of an employee and employment shall be lost and his/her employment automatically deemed to have terminated for any of cause in the following reasons.circumstances:
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is if they are discharged for just cause and is not reinstated;
(db) he/she does not perform work for the Company if they resign or retires voluntarily;
(c) if they are laid off for a period in excess of twelve (12) months in the case of lay-offconsecutive months;
(d) if, following ▇▇▇▇▇▇, they fail to return to work within seven (7) calendar days after receiving notice to do so unless on reasonable grounds they are unable to do so.
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations if an employee fails to accommodate the employee under any applicable legislation;
(f) he/she is absent from report to work without permission for more than three (3) consecutive working days unless being on a leave of absence approved by the Company, or without an explanation satisfactory to the Company is given by the employee;
Company, for one (g1) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files working day for that employee;
(if) If if, an employee utilizes exceeds without authorization a granted leave of absence or uses an approved leave of absence for purposes other than those given as the reason for which it was grantedthe leave;
(jg) he/she fails to if the employee is absent from work for more than twelve (12) months by reason of absence while on WCB and there is no reasonable likelihood the employee will return to work immediately after within the Company has been notified by a doctor near future, subject to any obligation under the Human Rights Code or Workplace Safety and Insurance Board that Health Act.
(h) if the employee is able to absent from work for more than twelve (12) months by reason of illness or other physical disability and there is no reasonable likelihood the employee will return to his/her job provided that work within the near future, subject to any obligation under the Human Rights Code.
(i) It shall be the responsibility of each employee to notify the Company has met its obligations promptly in writing of any change of address or telephone number. Letters sent by the Company to accommodate the last address on record or telephone calls to the last telephone number on record will be deemed to be received by the employee and shall satisfy any obligation on the Company to provide notice to the employee under any applicable legislationprovision of this Collective Agreement.
(a) A part-time and casual employee cannot use seniority for the purpose of displacing a full-time employee.
(b) When a part-time and casual employee's status is changed to that of a full-time employee, they shall retain their seniority, and then will progress in seniority and wage rate increase, in the same manner as other full-time employees covered by the Collective Agreement. For calculation of seniority, one (1) year shall equal 1725 hours. It is understood and agreed that this calculation is for this Article only and will not be used for any other purpose in the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentCollective Agreement.
Appears in 1 contract
Sources: Union Collective Agreement
SENIORITY. 14.01 The seniority 16.01 In all cases within the scope of an employee this Agreement of vacancies, promotion, transfer, lay-off and rehirings after lay-off senior employees shall be defined as length entitled to preference subject to their ability and qualifications to perform the job in question.
a) Seniority of uninterrupted service since the last date of hire with the Company. Seniority employees shall only be credited upon the completion of established after a probationary probation period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or the greater of six (6) monthsmonths or one thousand and thirty-eight (1038) regular hours worked from the date of employment and shall count from the date of employment.
b) Seniority shall continue to accumulate during:
i) sickness or accident for a period not exceeding one (1) year;
ii) authorized leaves of absence for a period not exceeding one (1) year for union leave approved under the provisions of 8.01 or for education leave only where the purpose of the training is to upgrade qualifications for future employment with the Town; and
iii) other authorized leaves of absence not exceeding ten (10) working days.
c) Seniority shall be maintained but shall not accumulate during:
i) absence due to lay-off not exceeding a period of one (1) year;
ii) sickness or accident exceeding one (1) year; and
iii) authorized leaves of absence other than those outlined in (b) above. Insofar as the policies of the applicable benefit plans or other provisions of this Agreement will permit, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly an employee absent as provided in this agreement.
14.02 The seniority of an employee i), ii) or iii) above shall be lost and on return to employment have the benefits accrued to his/her employment automatically terminated credit prior to their absence reinstated.
16.03 An employee shall lose his seniority and his name shall be removed from all seniority lists for any one of the following reasons.:
(a) he/she If the employee voluntarily quits his/her his employment;
(b) he/she retires;
(c) he/she If the employee is discharged for just cause and is not reinstatedcause;
(dc) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she laid off and fails to return to work immediately within seven (7) days after the Company he has been notified to do so by a doctor the Town by registered mail to his last known address or Workplace Safety by telephone or personal notification, and Insurance Board that in such event the employee shall be deemed to have voluntarily quit; advice of such notification shall be given by the Town to the Union; or
d) If the employee is able to return to his/her job provided that on lay-off for lack of work for a period of more than one (1) year.
16.04 The Town shall maintain a seniority list of all employees in the Company has met its obligations to accommodate the employee under any applicable legislation. It will bargaining unit and a copy of this list shall be the responsibility of employees to provide written notification of any changes in their address posted on all bulletin boards, with a copy to the Human Resources Department.Union. This list shall be brought up to date every six (6) months at the end of June and December of each calendar year and posted by the thirtieth (30th) day of the month following, indicating seniority accumulated. Seniority shall be accumulated as time actually worked without a break in seniority as provided in 16.03 above. Seniority Lists and the principles of seniority shall be listed and applied to, in the following categories: full-time part-time/seasonal
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 7.01 Seniority shall be the total service of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon , accumulated while the completion employee is actually at work and during such periods of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementabsence as are defined herein.
14.02 The seniority of an 7.02 A new employee shall be lost on probation for a period of 720 hours worked. He shall be placed on the seniority list using the first work day as the seniority date. In the event that more than one employee starts employment on the same day, they shall be placed on the seniority list in alphabetical order using their surname.
7.03 An employee shall cease to have seniority rights and his/her employment automatically his employee status with the Company shall be terminated for any of the following reasons.all purposes when he:
(a) he/she quits his/her employmentleaves the Company voluntarily;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstatedcause;
c) is absent from work for more than two (2) consecutive working days without satisfactory explanation
d) he/she does not perform work for the Company is laid-off for a period exceeding his accumulated seniority at the time of lay- off, with a minimum of twelve (12) months in the case and a maximum of laythirty-offsix (36) months;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to beyond the Company is given by the employee;
(g) if an employee overstays a vacation or period of any leave of absence granted by the Company, without securing the extension of such justifiable cause. Employees absent from work due to sickness and accident shall automatically be considered to be on leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to absence, providing the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes may require a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by doctor's certificate confirming such sickness and accident and a doctor or Workplace Safety and Insurance Board further certificate that the employee is able to return to his/her job work;
f) fails to return to work at the time specified by the Company, by oral notice or telephone confirmed by registered letter to his last address recorded with the Company. The Company is prepared to consider justifiable cause, other than failure to report change of address, in the administration of this Clause, provided that an employee shall notify the Company has met its obligations of his intention to accommodate return to work within two (2) working days of the receipt of such registered letter;
g) reaches the normal retirement date (age 65) whether or not he is a member of the pension plan.
7.04 a) An employee under any applicable legislation. It will be who leaves the responsibility Bargaining Unit to accept another position with the Company shall stop accumulating seniority as of employees to provide written notification the date of any changes in their address his transfer and shall forfeit accumulated seniority unless he returns to the Human Resources DepartmentBargaining Unit within three (3) months of such transfer except as noted below.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 13:01 The term 'seniority', as used herein, shall mean accumulated service, as described in Clause 12:01.
13:02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length determined by the alphabetical order of uninterrupted service since the employee's last date of hire name.
13:03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsterminated, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.:
(a) he/she quits his/her employment;if he voluntarily quits.
(b) he/she retires;if he is discharged, and not reinstated through the Grievance Procedure.
(c) he/she if he is discharged for just cause and is not reinstated;retired, under the Company retirement policy.
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate if the employee under any applicable legislation;
(f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days unless an explanation without a satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;reason.
(i) If an employee utilizes a has been laid off due to lack of work, and does not return to work within five (5) working days after being contacted personally to report for duty. When the employee cannot be contacted, the Company will notify the employee by registered mail to his last known address, and he will be allowed no more than five (5) working days from the registration date of such notification, to report for duty. A copy of the registered letter will be provided for the Plant Chairperson, at the time of mailing.
(ii) If an employee is at work with another employer he will not lose his seniority if he reports for work with the company within five (5) working days following his notice of recall, as outlined in Clause 13:03 (e) (i).
(f) If an employee overstays any Company approved leave of absence for purposes other than those for which it was granted;without receiving an extension, in writing, of such leave of absence
(jg) he/she fails If he accepts gainful employment while on any leave of absence without first obtaining the consent, in writing, of the Company.
(h) If an employee is laid off due to return lack of work for a period equivalent to accrued seniority, at the date of the commencement of lay-off.
(i) If an employee is absent from work immediately after because of compensable or non- compensable illness or injury, equivalent to accrued seniority or in accordance with Section 54 of the Company has been notified by a doctor or Workplace Safety and Insurance Board that Act (whichever is greater), at the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility date of employees to provide written notification of any changes in their address to the Human Resources Department.the
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The seniority 12.01 Seniority as referred to in this Agreement shall mean the length of an continuous service with the Employer and shall be on a bargaining unit wide basis.
(a) A newly hired full-time employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety on probation for 450 working hours or three (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (63) months, whichever comes first, for part- time. Seniority rights will apply only to from the extent expressly provided in this agreementlast date of hiring.
14.02 The seniority of an (b) A newly hired part-time employee shall be lost on probation for 450 working hours worked, or four (4) months whichever occurs first.
(c) The purpose of probation is to provide an opportunity for the Employer to determine whether an employee has the ability and his/qualities to become a reliable, competent employee and for the employee to determine whether the position is to her employment automatically liking.
(d) The probation period may be extended with prior notice and discussion with the union up to an additional fifty (50) hours. Such agreement shall be in writing.
12.03 An employee’s seniority and all benefits and all seniority rights shall cease and the employee be deemed to be terminated for any of the following reasons.if an employee:
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstatedre-instated through the grievance or arbitration process;
(b) resigns or quits;
(c) fails to notify the Employer of his intention to return to work within forty eight (48) hours of receiving notification of recall by registered mail or fails to return to work within fourteen (14) calendar days after being notified by registered mail, delivered to his current address unless unable to do so because of sickness or accident of his recall from layoff. It shall be responsibility of the employee to keep the Employer informed of his current address;
(d) he/she does not perform is absent from work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of more than twenty-four (24) months for any other by reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationof absence while on W.S.I.B.;
(e) is absent from work in excess of three (3) working days without a reasonable excuse.
(f) he/she is absent from The employee has been laid off and not recalled to work without permission for more than three eighteen (318) consecutive working days unless an explanation satisfactory to the Company is given by the employeemonths;
(g) if Fails to return to work from an employee overstays a vacation or authorized leave of absence absence, without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation a reason satisfactory to the Company is given by the employeeEmployer;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days Accepts gainful employment during any leave of mailing of notification to return. Such mailing shall be by registered mail absence without obtaining the Employer’s consent prior to the last address of the employee that the Company has in its files for that employee;leave.
(i) If an employee utilizes a leave Absences occasioned by illness for more than twenty-four (24) months unless in violation of absence for purposes other than those for which it was granted;the Human Rights Code.
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It 12.04 A seniority list will be revised two (2) times per year on January 1st and July 1st. A copy of the responsibility of employees to provide written notification of any changes in their address seniority list will be posted and a copy will be given to the Human Resources DepartmentUnion, copy to the Union will include current addresses and phone numbers. The seniority list for all employees will be in order of last date of hire. If two or more employees commence work on the same day, their position on the seniority list shall be in order of first (1st) shift worked; i.e. days, evenings, nights.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 9.01 The seniority of an employee term “seniority,” as used herein, shall be defined as length of uninterrupted service since mean accumulated time from the last original date of hire in this facility, unless interrupted by circumstance detailed in any clause in this collective agreement as agreed upon by the parties.
9.02 In the case of equality in seniority ranking, seniority shall be determined by the lowest employee number. Employee numbers will be assigned by using the last four digits of your SIN during the hiring process for the purposes of this clause.
9.03 An employee will lose their seniority and their employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.:
(a) he/she quits his/her employment;If they voluntarily quit.
(b) he/she retires;If they are discharged and not reinstated through the grievance procedure.
(c) he/she is discharged for just cause and is not reinstated;If they retire.
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation;
(f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days unless an explanation (excluding premium days), without satisfactory to the Company is given by the employee;medical evidence.
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(ie) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to has been laid off and does not return to work immediately after within five (5) days of notification by phone or from delivery of the Company has been notified by a doctor or Workplace Safety and Insurance Board that first notice of the registered letter, advising them to report for duty. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing.
(f) If an employee is able laid off due to return lack of work and not recalled for a period of service to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. a maximum of thirty (30) months and a minimum of twelve (12) months.
9.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company promptly of any changes change in their address and telephone number (listed or unlisted) in a manner determined by the Company. If any employee fails to do so, the Company will not be responsible for failure of any contact or written notice or e-mail to reach such employee. A copy will be sent to the Human Resources DepartmentLocal Union President.
9.05 The Company agrees to post quarterly an up-to-date seniority list. A copy of the seniority list will be provided for the Plant Chairperson and to the Local Union President.
Appears in 1 contract
Sources: Memorandum of Settlement
SENIORITY. 14.01 The seniority of an employee 8.01 Seniority shall be defined as mean the length of uninterrupted service since continuous employment in an employee’s classification in the bargaining unit from the last date of hire with the Company. Seniority shall only .
8.02 An employee will be credited upon considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of a probationary period of ninety thirty (9030) calendar worked days for full- time and four or two hundred and eighty-seven and one half forty (487.5240) hours worked or six (6) monthsworked, whichever comes first. Should an employee be absent from work during the probationary period, for part- time. Seniority rights the probationary period will apply only to be extended by the extent expressly provided in this agreementnumber of working days the employee was absent from work.
14.02 The seniority of an 8.03 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company:
(a) he/she quits his/her employmentby voluntarily leaving the employ of the Company;
(b) he/she retiresif an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract;
(c) he/she is discharged for just cause if an employee has been laid off and is not reinstatedfails to reply to a recall notice, within five (5) days of its mailing by registered mail or within three (3) days by courier service to the employee’s last known address and/or failing to return to work within two (2) days of receiving such notice. It shall be the employee’s responsibility to keep the Company informed of any change in the employee’s address;
(d) he/she does not perform work for if an employee overstays a leave of absence granted by the Company for a period without securing an extension in writing, of twelve (12) months in such leave of absence unless the case extension is due to circumstances beyond the control of lay-offthe employee, whereupon the employee must notify the Company by telegram of the circumstances and probable return date;
(e) he/she does not perform work if an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the Company for a period leave of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationabsence;
(f) he/she if an employee is absent from work without permission for two (2) or more than three (3) consecutive working days unless an explanation satisfactory without notification to the Company unless such failure is given by a result of circumstances beyond the control of the employee;
(g) if an a seniority employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation is laid off and not recalled within twelve (12) months from the Sales Manager date of lay off or Human Resources Manager unless an explanation satisfactory to the Company length of their seniority, whichever is given by the employeelesser;
(h) if an employee is retired in accordance with Company policy; This clause will be interpreted consistent with the Ontario Human Rights Code as amended from time to time.
8.04 Bargaining Unit employees who is recalled accept promotion or transfer out of the Bargaining Unit for a period of more than three (3) months shall lose all Bargaining Unit Seniority.
8.05 In the event an employee requests to transfer to another location, the employer agrees to consider such request prior to hiring from outside the bargaining unit providing the employee has seniority, qualifications, skill(s) and ability to perform the work fails to return within ten required. Such considerations shall not be unreasonably denied. An employee may only exercise a transfer once in a twelve (1012) month period.
8.06 Within thirty (30) calendar days of mailing ratification and in January and July of notification to return. Such mailing each year thereafter, the seniority list, including the employee’s seniority, and service date and employment status (full-time or part-time) shall be by registered mail posted in the various departments and a copy mailed to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentUnion.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an 13.01 An employee shall will be defined as length of uninterrupted service since considered probationary for the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety first sixty (9060) calendar days for full- time and four hundred and eighty-seven and one half will have no seniority rights during that period. After sixty (487.560) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only calendar days service his/her seniority shall date back to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and day on which his/her employment automatically terminated for any began. In calculating the sixty (60) calendar days probationary period, time away from work due to sickness, accident, holidays or vacation shall not be included.
13.02 Seniority as referred to in this Agreement shall mean length of accumulated service in the employ of the following reasonsCompany and shall be on a plant-wide basis.
13.03 An employee who has completed his/her probationary period shall accumulate seniority while he/she is at work for the Company or when absent due to injury or illness, during the first 6 months of any layoff, or during the term of a leave of absence granted by the Company.
13.04 Seniority shall terminate when an employee:
(a) he/she quits his/her employmentfor any reason;
(b) he/she retiresis discharged and is not reinstated through the grievance procedure or arbitration;
(c) he/she is discharged has been on layoff for just cause and is not reinstateda continuous period of 12 months;
(d) who has been on layoff for a continuous period of less than 12 months and who, when notified by registered mail or by telegram addressed to the last address he/she does not perform work for has recorded with the Company, fails to notify the Company within 5 working days that he/she is intending to return to work and unless he/she returns to work as soon as possible after receiving notice and in any event within 7 working days of the mailing or other communication of such notice, unless he/she shows that he/she is prevented from notifying the Company or from reporting for work by a period of twelve (12) months in the case of lay-offlegitimate sickness or other reasonable cause;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified expiration of a leave of absence unless prevented from doing so by a doctor illness or Workplace Safety and Insurance Board that other cause which is reasonable in the employee is able to return to opinion of the Company.
13.05 Any employee’s reinstatement after sick leave will be conditional on his/her supplying, when requested, a certificate from a physician that he/she is fully recovered from the sickness which caused his/her absence, such certificate to state the period covered by the employee’s sickness.
13.06 In cases of promotion which is hereby defined as a transfer to a job provided with higher hourly pay within the bargaining unit, the following factors will apply:
(a) seniority; and
(b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. The determination of an employee’s qualifications is the responsibility of the Company, with the understanding that the Company has met its obligations to accommodate may permit the employee to a trial period whenever it believes that such a trial period would be helpful in reaching a determination. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under any applicable legislationthe provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner.
13.07 In all cases of layoff and recalls after layoffs, the following factors shall be applied:
(a) seniority; and
(b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. It A representative of the Company will be meet with the Chief ▇▇▇▇▇▇▇ to discuss pending layoffs. The determination of an employee’s qualifications are the responsibility of employees the Company. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under the provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner.
13.08 Current seniority lists and classifications will be posted every 3 months, by January 1, April 1, July 1 and October 1. A copy of the list will be posted in the plant. A copy will be given to provide written notification of any changes in their address each Union ▇▇▇▇▇▇▇ and faxed and mailed to the Human Resources DepartmentUnion office. A representative of the Union shall be entitled, to review the wage rate information for all bargaining unit employees annually, at the time the Collective Agreement provides for a wage increase. This information is confidential and the Union will not reveal it to any other party.
13.09 In the event that an employee covered by this Agreement transfers into a position beyond the scope of this Agreement, the employee will have a trial period of up to 120 days. During this time, either the employee or the Company may return the employee to the previous position and rate without loss of seniority. If the employee remains in a position beyond the scope of this Agreement past 120 days, then the employee’s seniority will be frozen and he/she will not accumulate any further seniority. Should the employee remain in a position beyond the scope of the Agreement in excess of 6 months then he/she will lose all seniority previously acquired. Any variation of this shall be by mutual Agreement between the Company and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The seniority of an employee 8:01 Seniority shall be defined as length of uninterrupted service with the employer at its CO2 plants in Courtright and Sarnia since the last employees' date of hire with at the Company. local plant in Courtright and Sarnia.
8:02 In the event that more than one employee is hired on the same date, priority on the seniority will be given to the employee who has the earliest starting time.
8:03 Seniority shall only be credited upon the completion of is acquired after a probationary probation period of ninety (90) calendar days of employment with the Company. During this period the layoff or discharge of a probationary employee shall be at the sole discretion of the Company and shall be deemed for full- time a just cause.
8:04 Layoff or recall from layoff shall be based on the seniority within the Bargaining Unit. The Unit President shall be considered to have the greatest seniority in a situation of lay off/recall.
8:05 An employee shall cease to have seniority rights, and four hundred his employee status with the Company will be terminated for all purposes, if:
(a) he leaves voluntarily;
(b) he is discharged and eighty-seven is not reversed by the grievance procedure;
(c) he has less than one (1) year of service and one half (487.5) hours worked or is laid off for more than six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority ; he has more than one (1) year but less than five (5) years of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause service and is not reinstated;
(d) he/she does not perform work laid off for the Company for a period of more than twelve (12) months in the case months; he has more than five (5) years but less than ten (10) years of lay-off;
service and is laid off for more than eighteen (e18) he/she does not perform work months; has ten (10) years or more of service and is laid off for the Company for a period of more than twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationmonths;
(fd) he/she is absent from he fails to return to work without permission for more than three (3) consecutive working days unless an explanation or fails to make arrangements which are satisfactory to the Company is given by the employee;
within five (g5) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar working days of mailing of notification to return. Such mailing shall be after recall by registered mail to the employee's last address on Company records. It is the Employee's responsibility to inform the Company of any change of address.
(e) he is absent from work for three (3) or more consecutive days without reasons satisfactory to the Company;
8:06 An employee transferred or promoted to a position not covered by this Agreement shall cease to accumulate seniority, unless otherwise agreed to by the parties, upon his leaving the Bargaining Unit but shall continue to maintain such seniority accumulated for a period of one (1) year after which all seniority rights shall be forfeited. An employee so transferred or promoted shall have the right to return to the Bargaining Unit at his own request within sixty (60) calendar days to the job he held immediately prior to his transfer or promotion; but, thereafter, his return shall be at the discretion of the employee that Company unless otherwise agreed to by the Company has in its files for that employee;
(i) parties. If an employee utilizes returns to the Bargaining Unit after an absence of more than sixty (60) days but within one (1) year, he shall be assigned to a leave of absence for purposes other than those job for which it was granted;
(j) he/she fails he has the necessary qualifications and seniority and shall recommence to return accumulate seniority in accordance with this Section and in addition to work immediately after any seniority previously accumulated prior to his leaving the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentBargaining Unit.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority (a) During the first fifty (50) working days of an employee employment (which includes two (2) eight (8) hour
(b) Student employees shall not accumulate seniority. Their probationary period will be defined as extended for the entire length of uninterrupted service since their work term. A student shall not be employed more than five (5) months in any calendar year unless extended by mutual agreement between the last date of hire with Company and the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementUnion.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any (c) Management acknowledges the intent of the following reasonsstudent program is to allow summer vacation coverage, not to eliminate the need for hiring a permanent employee.
(a) he/she quits his/her employment;The “Plant Seniority” of an employee means the length of continuous service with the Company since the date of the employee’s last hiring.
(b) he/she retires;The “Department Seniority” of an employee means the length of continuous service in the department since the date of last entry into the department.
7.03 Seniority rights of an employee who has completed the probationary period shall accumulate during employment, Workers’ Compensation Board leave, holidays and vacations. Seniority rights shall not accumulate for more than eighteen (18) months when an employee is on sick leave, or leave of absence but will resume when the employee returns to work.
(a) The employee quits employment.
(b) The employee is discharged and is not reinstated.
(c) he/she is discharged for just cause and is The employee has not reinstated;
(d) he/she does not perform been recalled to work for the Company for a period of within twelve (12) months in of the case date of lay-off;layoff.
(ed) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the The employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately within seven (7) calendar days after the Company has been being notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationregistered mail. It The posted address will be the responsibility of employees to provide written notification of any changes in their address same as that shown on the Company records. (This clause shall not be enforced if a satisfactory reason is supplied to the Human Resources Department.)
(e) Notwithstanding Clause 7.03 (d), if employees fail to notify the Company within four (4) working days of their intention to return to work they shall not be eligible for the job for which they were recalled but will be eligible for subsequent recall.
(f) If an employee is promoted to a permanent or temporary job outside of the bargaining unit.
(g) The employee has received severance pay as provided in Article 24.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an employee 18.01 Seniority shall be defined as the team member’s length of uninterrupted continuous service since within the bargaining unit worked by a team member who has successfully completed the probationary period, or in the case where his service was broken his hiring date after his last break in service.
18.02 A seniority list shall be prepared and posted in January and July by the Company and copied to the Union Office showing the effective date of hire hiring for each team member. Bargaining unit members shall have thirty (30) days to challenge the accuracy of the list.
18.03 An employee who has been absent from work due to accident, sickness, or authorized leave of absence, has the right to return to his former position he held prior to such absence without loss of his seniority.
18.04 A team member shall lose all seniority and shall be deemed terminated if he:
a) resigns from employment with the Company. Seniority shall only be credited ;
b) retires;
c) is discharged for just cause;
d) fails to report for work on the date agreed upon after the completion of a probationary leave of absence, unless such absence has been extended in writing by the Company, or if he uses a leave of absence for purposes other than those given as the reason or intended for the leave;
e) is absent from work without permission for a period of ninety (90) calendar three consecutive scheduled working days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only without notifying the Company unless the team member can prove that he was unable to notify the extent expressly provided Company in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employmentmanner prescribed;
(bf) he/she retires;
(c) he/she is discharged for just cause laid off and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-offconsecutive months, unless otherwise permissible by law;
(eg) he/she does not perform work for the intentionally damages, defaces or destroys equipment or other Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationproperty;
(fh) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employeefound smoking or using other tobacco products while on or in company property;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes is employed, or becomes self employed during a leave of absence for purposes other than those for which it was granted;absence, unless the team member has received prior written permission from the Company; or
(j) he/she fails to return to report for work immediately within three days after being recalled by telephone from the Company has been notified by following a doctor lay-off or Workplace Safety and Insurance Board that fails to report for work within three days of receiving the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmailed recall notice.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The 12.01 An employee will be considered probationary for the first one thousand (1000) hours worked and will have no seniority of an employee rights during that period. After one thousand (1000) hours worked his seniority shall date back to the date he started work.
12.02 Layoffs which are anticipated to exceed three (3) working days and recalls after such lay- offs shall be defined as length based upon the following factors:
(a) unit-wide seniority;
(b) skill and ability. It is understood that where the qualifications referred to in factor (b) above are relatively equal in the judgment of uninterrupted service since the last date of hire Company, factor (a) will govern. If the Union disagrees with the Company. Seniority 's judgment, such judgment shall only be credited upon subject to the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. grievance procedure.
12.03 Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee and employment shall be lost and his/her employment automatically terminated cease for any of the following reasons.:
(a) he/she If an employee quits his/her employmentor retires;
(b) he/she retiresIf an employee is discharged and the discharge is not reversed through the grievance procedure;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company If an employee has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is been absent from work without permission for more than three (3) consecutive working days without notifying the Company and providing a reasonable explanation for this absence, unless an explanation satisfactory the failure to notify the Company is given by due to circumstances beyond the employee's reasonable control;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(id) If an employee utilizes a fails to report to work promptly upon termination of an authorized leave of absence for purposes other than those for which it was grantedabsence, unless the failure to return promptly is due to circumstances beyond the employee's reasonable control;
(je) he/she fails Failure of an employee to report for work within one (1) week when recalled by the Company after a lay-off, or failure of the employee to inform the Company within three (3) working days of recall that he will report for work, unless the failure to report or the failure to inform the Company is due to circumstances beyond the employee's reasonable control. Notice to return to work immediately after shall be in writing and shall be deemed to be sufficient if sent by registered mail or telegram to the Company has been notified by employee's last known address on file with the Company;
(f) If a doctor or Workplace Safety and Insurance Board that the seniority employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility laid off for a period in excess of employees to provide written notification of any changes in their address to the Human Resources Department.twelve
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The seniority of an employee 21.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted service since in the last bargaining unit, dating back to original date of hire with at the Company. Seniority locations identified in Article I - Recognition, and shall only be credited upon the completion of applied on a probationary period of ninety (90) calendar days for full- time and four hundred and eightybargaining unit-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementwide basis.
14.02 The seniority of an 21.02 An employee shall lose his seniority and the employee's employment shall be lost and his/her employment automatically deemed to be terminated for any of in the following reasons.circumstances:
(a) he/she if he voluntarily quits his/her employmenthis employment with the Company;
(b) he/she retiresthat he is discharged and is not reinstated through the Grievance or Arbitration Procedures;
(c) he/she that he is discharged off work because of lay-off, accident or illness for just cause and twelve (12) months or the length of the employee's seniority, whichever is not reinstatedshorter;
(d) he/she does not perform work for fails to notify the Company within two (2) working-days that he will report to work after being notified by the Company to report for a period of twelve work or subsequently fails to report for work within five (125) months in working-days after being notified by the case of Company by registered mail to report for work following lay-offoff unless a reason satisfactory to the Company is given;
(e) he/she does not perform absence from work for one (1) day without notifying the Company for a period of twenty-four (24) months for any other reason other than lay-offCompany, provided that the Company has met its obligations to accommodate the employee under any applicable legislationexcept in extenuating circumstances;
(f) he/she is if he accepts other employment during any leave of absence granted by the Employer.
21.03 An employee shall accumulate seniority under any of the following conditions:
(a) when actually at work for the Company;
(b) when absent from work without permission for more than on vacation with pay, on plant holidays or on approved leave of absence [up to three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employeemonths for leave of absence];
(gc) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation during any period when he is prevented from the Sales Manager or Human Resources Manager unless an explanation satisfactory to performing his work for the Company by reason of illness, accident and/or injury arising out of and in the course of his employment for the Company and for which he is given by receiving compensation under the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address provisions of the employee that the Company has in its files Workers' Compensation Board Act for that employee;
(i) If an employee utilizes a leave period of absence for purposes other than those for which it was granted;
(j) he/she fails up to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.twelve
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The 11.01 An employee will be on probation until he has worked four hundred and eighty (480) hours in the Bargaining Unit during a period of continuous employment in a classification listed in the applicable “Wage Schedule”. Upon completion of such probationary period, the employee’s name shall be placed on either the Maintenance Seniority List or the Cleaners Seniority List, as applicable, and he shall be credited with seniority to his last date of an hire. Employees with the same date of hire shall be ranked on the applicable Seniority List as determined by a draw, supervised by management and the Union. A revised copy of each Seniority List shall be posted on the appropriate bulletin board and sent to the Union in January and July of each year. During the probationary period, the employee shall be defined entitled to all rights and benefits of this Agreement except as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly otherwise provided in this agreementherein.
14.02 The seniority of an 11.02 An employee shall lose all seniority and shall be lost and his/her employment automatically deemed terminated for any of the following reasons.if he:
(a) he/she quits his/her employmentvoluntarily leaves the employ of the Employer;
(b) he/she retiresis discharged and is not reinstated through the Grievance or Arbitration Procedure;
(c) he/she is discharged laid off for just cause and is not reinstateda period of more than eighteen (18) months;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company Employer is given by the employee;
(ge) if fails to return to work upon termination of an employee overstays a vacation or leave of absence without securing the extension of such authorized leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was the leave of absence may be granted;
(jf) he/she fails to return to work immediately within seven (7) calendar days after the Company has been notified being recalled from layoff by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address notice sent by Registered Mail, unless an explanation satisfactory to the Human Resources Department.Employer is given by the employee;
(g) is absent due to illness or disability which absence continues for more than twenty-four (24)
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The (a) Probation – Employees shall acquire seniority after a probationary period of an employee shall be defined as length of uninterrupted service since the last date of hire three (3) months worked with the Company. Seniority shall only be credited upon will then date back three (3) months from the completion of the probationary period.
(b) It is recognized and agreed that probationary employees may be terminated during their probationary period for failure to meet acceptable standards as determined by the Company, provided that it does not violate the Ontario Human Rights Act, Workers Compensation Act or Ontario Labour Relations Act.
(c) In order that the Company can better evaluate a probationary period of ninety (90) calendar days employee, such employee, shall not have the right to bid for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementa posted vacancy.
14.02 The 8.02 An employee’s seniority of an employee rating shall be lost and his/her employment automatically terminated for any of the following reasons.all purposes:
(a) he/she quits his/her employmentif he quits;
(b) he/she retiresif he is discharged for just cause;
(c) he/she if he is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company laid off either for a period of twelve time equivalent to his length of service with the Company, or for twenty-four (1224) months, whichever is the shorter, or for thirty (30) months in the case of lay-offan employee with more than ten (10) years seniority;
(d) if, after ▇▇▇▇▇▇ he fails to notify the Company of his intention to return to work within three (3) working days and fails to return to work within five (5) working days after he has been notified to do so by the Company by registered mail to his last address listed on the Company’s records;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she if he is absent from work without permission for more than three (3) consecutive working work days without notifying the Company, unless an explanation a satisfactory to the Company reason is given by upon return to work, except where circumstances beyond the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address control of the employee that prevents him from notifying the Company.
(a) A copy of the seniority list will be posted in the plant every four (4) months and a copy which will include the classification of each employee listed will be supplied to the local union’s president.
(b) It shall be the duty of the employee to notify the Company has in its files for that employee;
(i) promptly of any change of their address or phone number. If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails should fail to return to work immediately after do this, the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able shall not be responsible for failure of notice to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreach such employee.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 5.01 Seniority as referred to in this Agreement shall mean length of continuous service since his most recent date of employment in the employ of the Company and shall be on a Company-wide basis.
5.02 An employee will be considered on probation for the first three (3) months and will have no seniority rights during that period. After three (3) months' service, his seniority shall date back to the day on which his employment began. The seniority dismissal, layoff or failure to recall after layoff of a probationary employee shall be for just cause.
5.03 Layoffs (except layoffs of less than five (5) working days due to emergency), recalls after such layoffs, promotions and demotions shall be based upon the following factors:
a) seniority;
b) skill and ability to perform the normal requirements of the job.
5.04 Seniority shall terminate and an employee shall cease to be defined as length of uninterrupted service since employed by the last date of hire Company when he:
a) voluntarily quits his employment with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstatedreinstated through the Grievance Procedure or Arbitration Procedure;
(dc) he/she does not perform is off work for the Company for a continuous period of twelve (12) months in the case of lay-off;
for employees with less than three (e3) he/she does not perform work for the Company for a period of yearsí seniority and twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than employees with three (3) consecutive working or more years of seniority;
d) fails to report for work within three (3) days unless after being notified by registered mail of recall or within seven (7) days if an explanation satisfactory employee is employed elsewhere, or has a reason acceptable to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing for the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeabove time limits;
(he) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after upon the termination of an authorized leave of absence, unless a reason acceptable to the Company has been notified is given;
f) is absent from work for two (2) consecutive days without notifying the Company.
5.05 In the event that an employee in a supervisory or confidential position beyond the scope of this Agreement is placed in a position within the scope of this Agreement, he shall retain all his Company seniority.
5.06 It shall be the duty of each employee to notify the Company promptly of any change in address. Notice required to be given by a doctor or Workplace Safety and Insurance Board that the Company shall be deemed to be given if forwarded to the employee is able to return to his/her job provided that at the last address of which the Company has met its obligations to accommodate had notice.
5.07 In the employee under any applicable legislation. It will event of a layoff exceeding five (5) days or more, employees shall be the responsibility given one (1) week's notice in advance or one (1) normal week's pay in lieu of employees to provide written notification notice at his appropriate rate of any changes in their address to the Human Resources Departmentpay.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 8.1 Employees shall be considered probationary for one hundred (100) days worked from the date of employment, following which their names shall be placed on the seniority list, indicating date of employment. The purpose of seniority regulations is to provide a policy governing lay offs and rehiring.
8.2 In the event of an a reduction of the working force, the Company shall apply the principle of "last one on first one off".
8.3 Seniority for any employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of forfeited under the following reasons.conditions:
(a) if he/she quits his/her employment;voluntarily quits,
(b) he/she retires;
(c) if he/she is discharged for just cause cause,
(c) if an employee has been laid off and is not reinstated;employed elsewhere and fails to report for work within three (3) calendar days when recalled unless he/she furnishes a reason acceptable to the Company. The Company will notify the employee by registered mail sent to his/her last known address. The registration date shall be considered date of notification.
(d) he/she does not perform work for the Company if for a period of twelve (12) months in months, he/she is not called upon to perform any work for the case of lay-off;Company.
(e) he/she does not perform work for the Company if an employee is off for a period of twenty-prolonged absence due to personal sick leave or a compensable injury beyond twenty four (24) months for any other reason other than lay-offmonths.
8.4 If an employee is laid off and is employed full time elsewhere, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three shall be given seven (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (107) calendar days of mailing from the date of notification of recall to returnreport for work. Such mailing shall be The Company will notify the employee by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return sent to his/her last known address. In the event the employee fails to report for work within seven (7) calendar days, he/she shall forfeit all seniority rights under this Agreement.
8.5 The Employer shall post the list of employees arranged in order of their seniority. This list shall be kept current and a copy of same forwarded to the Local Union.
(a) When full time job provided openings occur in any department coming within the scope of this Agreement, such openings will be posted on the bulletin board for seventy-two (72) hours (Saturdays, Sundays, and General Holidays excluded). Job openings will be awarded according to seniority and qualifications.
(b) If customer service requirements force a reduction or increase in hours on any full time position during a regular work week and within a job classification, senior employees within that classification shall be given the opportunity to change positions in order to improve the hours available to them. When an employee is assigned to a new position at their request, it is agreed that he/she will not be eligible for subsequent transfers for at least twelve (12) months, unless the Company has met its obligations and the Union agree to accommodate such transfer.
8.7 In the event of promotion to supervisory position, an employee shall retain his seniority for six (6) months. Should the position to which he is promoted be subsequently abolished, or should the employee under any applicable legislationrequest to return to the bargaining unit, he shall retain seniority held prior to promotions, but, shall not accumulate seniority while in the supervisory position.
8.8 Any person hired through a Government Sponsored Training Program will not be considered a probationary employee until the training period has expired. It If the person is given full time employment after the sponsored/training programme is completed, then the training period will be considered the responsibility of employees probationary period to provide written notification of any changes complete the sixty (60) day period as outlined in their address to the Human Resources Department.Article 8.1
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 Employees shall accumulate seniority on the basis of their continuous service with the Employer since the date of their last hiring by the Employer, except as otherwise provided herein.
14.02 All seniority accumulated under this Agreement will be retained and transferred with the employee if she changes her status from full-time to part- time or vice versa.
14.03 Subject to Article 17, seniority will be maintained and accumulated during an absence due to layoff, sickness or accident and authorized leaves of absence. The seniority of an employee appointed to a position not covered by the Agreement will continue to accumulate for three (3) months during which time an evaluation is made by the Employee and Employer. In the event of either:
(i) the employer feels that she is not suitable for the position and requires that she return to her former position or
(ii) the employee feels that she is not suitable for or wishes to return to her former position the employee will return to her former position and salary without loss of seniority. Any other employee promoted or transferred as a result of the rearrangement of position shall also be returned to her former position.
14.04 An employee shall lose all seniority and her employment shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only deemed to be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsterminated, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.if she:
(a) he/she quits his/her employmentvoluntarily resigns from the employ of the Employer or is retired;
(b) he/she retiresis discharged and such discharge is not reversed through the grievance procedure or arbitration;
(c) he/she is discharged absent from work for just three (3) consecutive days without permission or without contacting the employer for any cause and is that would not reinstatedbe considered reasonable;
(d) he/she does not perform fails to return to work for within two (2) days of being recalled from layoff unless otherwise agreed between the Company Employer and the employee. Unless otherwise mutually agreed, there will be at least a seven (7) calendar day interval between the giving of notice and the date of recall. Registered letter mailed to the last known address of employee shall constitute a reasonable effort at recall on the part of the Employer.
(e) has been laid off for a period equal to her length of service up to a maximum of twelve (12) months in the case of lay-offconsecutive months;
(ef) he/she does not perform fails to return from an authorized leave of absence on the scheduled working day next following the expiry of the leave or utilizes a leave of absence for reasons other than for which it was granted; and
(g) is absent from work due to a disability which absence continues for the Company for a period of more than twenty-four (24) months for any other reason other than laymonths. This twenty-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;four (24) month period may be extended upon review of each individual case.
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within 14.05 Within ten (10) calendar days after the signing of mailing the Agreement, the Employer shall post a seniority list showing the seniority of notification each employee (i.e., last hiring date with the Employer). An employee shall have thirty (30) days to returnchallenge the seniority list with respect to her seniority. Such mailing Thereafter, the seniority date of each employee shall be by registered mail deemed to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentconclusive.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of Definition Seniority shall accumulate the total period an employee has been on the payroll except that 1) a newly hired employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of have no seniority rights during his first ninety (90) calendar days of employment, and (2) the seniority of a laid - off employee shall continue to accumulate for full- time a maximum of twenty - four (24) months immediately following his date of lay - off. The Company ▇ ▇ ▇ ▇ ▇ seniority l i s t monthly i n the lobby and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timeprovide a copy of such l i s t to t e Local Union President. Seniority rights will apply only Upon request twice per year a y of the seniority list shall be sent to the extent expressly provided in this agreement.
14.02 Staff Representative, which copy include the employees' seniority date, classification, current rate of pay, telephone number and address. In all cases of promotion, transfer, lay - off, recall from lay - off an reclassification, and shift work scheduling the following factors shall govern : The length of continuous service with the Company at the Port Hope Facility. The ability of the employee to the available work. When factor i s relatively equal as between two or more employees, then seniority shall govern. Where two (2) or more employees have the same date of an employment, seniority w i l l be determined alphabetically by the employee's surname. When a vacancy occurs subsequent to a layoff, the job w i l l be posted i n accordance with and only employees actively at work can bid. If there are no qualified the job w i l l be offered to the senior laid - off em with recall rig providing he has the minimum qualifications for the In the event the job offer is refused, the employee w i l l be deemed to have quit. Loss of Seniority An employee shall be lost and his/her employment automatically terminated lose all seniority for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she : If he voluntarily quits. If he is discharged for just cause and is subsequently not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she . If he is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work laid off and fails to return to work within ten (10) calendar days from the receipt of mailing of notification to return. Such mailing shall be the Company's notice by registered mail to return to work, unless he can substantiate by medical evidence that he was unable to return because of illness or accident, or the last address Company accepts other good reasons for his failure to return. If he i s laid off and the time elapsed from his date of lay - off exceeds twenty - four (24) months. Probationary Employee As referred to i n Section a newly hired employee shall have no seniority rights during his first ninety (90) days of employment during which period he shall be on and subject t o transfer, demotion, lay - off, dismissal or discharge at t e sole discretion of the employee that Company, notwithstanding anything i n this Agreement to the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes contrary. With respect to any matters other than those for which it was granted;
(j) he/she fails referred to return herein, a probationary employee shall have recourse to work immediately after the grievance procedure. Upon completion of the probationary period, he shall be placed on the seniority l i s t effective from his date of employment. Vacancies Any and all vacancies within the bargainin unit desired by the Company has been notified by a doctor or Workplace Safety to be filled w i l l be immediately for five (5 days (excluding Saturdays, Sundays, plant shut owns and Insurance Board that recognized general holidays) on the special Company bulletin board provided for this purpose. Any employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility sincerely desirous of employees to provide written notification of any changes in their address transferring to the Human Resources Department.posted classification, and who feels he has the necessary qualifications, may within the period of posting fill out an application form provided for this purpose, and deposit it i n the box located by the board. The successful applicant shall be transferred to the posted job within thirty
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 5.01 Seniority as referred to in this Agreement shall mean length of continuous service since his most recent date of employment in the employ of the Company and shall be on a Company-wide basis.
5.02 An employee will be considered on probation for the first three (3) months and will have no seniority rights during that period. After three (3) months' service, his seniority shall date back to the day on which his employment began. The seniority dismissal, layoff or failure to recall after layoff of a probationary employee shall be for just cause.
5.03 Layoffs (except layoffs of less than five (5) working days due to emergency), recalls after such layoffs, promotions and demotions shall be based upon the following factors:
a) seniority;
b) skill and ability to perform the normal requirements of the job.
5.04 Seniority shall terminate and an employee shall cease to be defined as length of uninterrupted service since employed by the last date of hire Company when he:
a) voluntarily quits his employment with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstatedreinstated through the Grievance Procedure or Arbitration Procedure;
(dc) he/she does not perform is off work for the Company for a continuous period of twelve (12) months in the case of lay-off;
for employees with less than three (e3) he/she does not perform work for the Company for a period of years= seniority and twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than employees with three (3) consecutive working or more years of seniority;
d) fails to report for work within three (3) days unless after being notified by registered mail of recall or within seven (7) days if an explanation satisfactory employee is employed elsewhere, or has a reason acceptable to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing for the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeabove time limits;
(he) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after upon the termination of an authorized leave of absence, unless a reason acceptable to the Company has been notified is given;
f) is absent from work for two (2) consecutive days without notifying the Company.
5.05 In the event that an employee in a supervisory or confidential position beyond the scope of this Agreement is placed in a position within the scope of this Agreement, he shall retain all his Company seniority.
5.06 It shall be the duty of each employee to notify the Company promptly of any change in address. Notice required to be given by a doctor or Workplace Safety and Insurance Board that the Company shall be deemed to be given if forwarded to the employee is able to return to his/her job provided that at the last address of which the Company has met its obligations to accommodate had notice.
5.07 In the employee under any applicable legislation. It will event of a layoff exceeding five (5) days or more, employees shall be the responsibility given one (1) week's notice in advance or one (1) normal week's pay in lieu of employees to provide written notification notice at his appropriate rate of any changes in their address to the Human Resources Departmentpay.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 8.01 The parties recognize that the job opportunities and security must increase in proportion to the length of service. It is therefore agreed that, in all cases of vacation, promotions, transfers, furloughs, cessations of employment and recalls after a furlough or a cessation of employment, the employees with more seniority shall be entitled to preference.
8.02 In recognition, however, of an management's responsibility for the efficiency of the operations of the establishment, it is understood and agreed that, in all these cases, management shall have the right to pass over any employee if it establishes that he has neither the skill nor the capabilities nor the physical aptitudes to perform the work, after a reasonable trial period of five (5) days.
8.03 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of obtain his seniority status when he has actually worked ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or in service to the Company within a period of six (6) months. If the employee remains in the employment of the Company after those ninety (90) workdays, whichever comes first, his seniority shall begin at the hiring date. An employee who has not completed his probation period and who has not yet obtained his seniority status may not apply for part- timeany job. Seniority rights will apply only shall be maintained and shall accumulate during absences caused by:
a) a furlough
b) an excused absence
c) an occupational illness or a work accident
d) an illness or an accident not related to the extent expressly provided in this agreementwork.
14.02 The seniority of an 8.04 An employee shall lose his seniority and his name shall be lost and his/her employment automatically terminated deleted from all seniority lists for any one or another of the following reasons:
a) if the employee voluntarily quits his job;
b) if the employee is terminated for just cause;
c) if the employee has been furloughed and does not return to work within five (5) days after having been advised to do so by registered letter sent to his last address known by the company, unless there is a serious and acceptable reason. A copy of such notice shall be sent to the Union.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform if the employee has been furloughed due to lack of work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.than:
Appears in 1 contract
Sources: Collective Labor Agreement (Pioneer Power Solutions, Inc.)
SENIORITY. 14.01 The seniority of an employee 8.01 Seniority shall be defined as mean the length of uninterrupted service since the last date of hire continuous employment with the Company. Seniority shall only .
8.02 An employee will be credited upon considered on probation and will not be subject to the completion seniority related provisions of a probationary period of ninety (90) calendar days for full- time this agreement and four hundred and eighty-seven and one half (487.5) hours worked or not be placed on the seniority list until after six (6) calendar months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an 8.03 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company:
(a) he/she quits his/her employmentby voluntarily leaving the employ of the Company;
(b) he/she retiresif an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract;
(c) he/she is discharged for just cause if an employee has been laid off and is not reinstatedfails to reply to a recall notice, within five (5) days of its mailing by registered mail or being sent a telegram to the employee’s last known address and/or failing to return to work within two (2) days of receiving such notice. It shall be the employee’s responsibility to keep the Company informed of any change in the employee’s address;
(d) he/she does not perform if an employee overstays a leave of absence granted by the Company without securing an extension in writing, of such leave of absence unless the extension is due to circumstances beyond the control of the employee, whereupon the employee must notify the Company of the circumstances and probable return date;
(e) if an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the leave of absence;
(f) if an employee is absent from work for two (2) or more consecutive working days without notification to the Company unless such failure is a result of circumstances beyond the control of the employee;
(g) if a seniority employee is laid off and not recalled within twelve (12) months from the date of lay off or the length of their seniority, whichever is lesser;
(h) if an employee is absent due to non-occupational illness or accident for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager date the accident occurred or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employeeillness commenced;
(i) If if an employee utilizes is absent due to occupational illness or accident for a leave period of absence for purposes other than those for which it was granted24 months from the date the accident occurred or the illness commenced;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the if an employee is able retired in accordance with Company policy.
8.04 Bargaining unit employees who accept promotion or transfer out of the Bargaining Unit for a period of three (3) months shall lose all Bargaining Unit Seniority.
8.05 Seniority, qualifications, skill(s) and ability to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It will work required shall be the responsibility governing factors in temporary assignments between classifications.
8.06 Within thirty (30) calendar days of employees to provide written notification ratification and in January and July of any changes each year thereafter, the seniority list, including the employee’s seniority, service date and employment status (full-time or part-time) shall be posted in their address the various departments and a copy mailed to the Human Resources DepartmentUnion.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an (a) An employee shall be defined as length on probation until he/she has worked four hundred and eighty (480) hours within a twelve (12) month period.
(b) The Company and Union acknowledge and agree that the purpose of uninterrupted service since the last date probationary period is to permit the Company to assess the potential, capability and general suitability of hire a new employee for continued employment with the Company. Seniority .
(c) Where the Company, at any time during the probation period, determines that in its sole opinion, the probationary employee does not have the potential, capability or general suitability for continued employment, it shall only be credited upon have the completion of right to discharge such probationary employee, provided that it does not act in bad faith or in a probationary period of ninety (90) calendar days for full- time discriminatory manner.
13.02 The Company shall make known to new employees their duties and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights from whom they will apply only receive instructions as to the extent expressly provided in this agreementpolicies, rules and procedures of the establishment.
14.02 13.03 In January, May and September of each year, the seniority list shall be posted in the various Departments by the 15th day of these months. The Company will provide the Chief ▇▇▇▇▇▇▇ with a seniority list and will mail (or email) a copy to the Union Office.
13.04 Subject to the provisions of an 13.01, seniority shall mean length of continuous service in the bargaining unit with the Company from the date of last hire.
13.05 Employees shall not lose seniority if they are absent from work because of sickness, disability, accident, layoff or other approved leave under this Collective Agreement, except as outlined in 13.06.
13.06 An employee shall lose all seniority and shall be lost and his/her employment automatically terminated for any of the following reasons.deemed to have quit if he or she:
(a) he/she quits his/her employmentvoluntarily leaves the employ of the Company;
(b) he/she retiresis discharged and is not reinstated through the grievance or arbitration procedure;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days without securing leave of absence from their ▇▇▇▇▇▇▇ or another member of Management, unless an explanation reasons satisfactory to the Company is given by the employee;for such absence are supplied.
(gd) if fails to return to work upon termination of an employee overstays a vacation or leave of absence without securing the extension of such authorized leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was the leave of absence may have been granted;.
(je) he/she fails Fails to return to work immediately within seven (7) calendar days after receiving notice of being recalled from layoff, unless there are reasonable grounds why the employee is unable to do so. The Company has been notified at its discretion may require proof to support the reasons as outlined. The employee shall keep the Employer informed of the employee’s current contact information. The employee shall be deemed to have received notice to return to work if the Employer sends the employee notice by registered mail to the employee’s last known address.
(f) if the employee is laid off for a doctor period in excess of eighteen (18) consecutive months.
13.07 If an employee is absent from work because of an accident or Workplace Safety and Insurance Board sickness, he or she shall not lose seniority rights except as provided herein above. The employee is required to maintain regular contact at a minimum of monthly during any course of absence. When an employee returns to work, the employee shall be returned to the position held prior to such absence provided, however, that the employee is able possesses the ability and physical fitness to qualify to the position aforesaid, but in the event that the position has been filled by another employee, he or she shall return to his/her a position of equal rating provided, however, that they possessed the ability and physical fitness to qualify to the position aforesaid. An employee shall be required to keep the Employer informed of the employee’s current contact information. Where an employee has not provided updated contact information, such employee shall be deemed to have received notice relevant to their employment status, provided the Company sends the appropriate notice to the most recent contact information on file with the Company.
(a) Where a job provided vacancy occurs, permanent, temporary (in excess of eighteen (18) weeks), or a new job is created, the Employer shall post a notice of such vacancy on all bulletin boards for four (4) working days, and a copy of the notice shall be sent to the Union. The notice shall set out a description of the job, the qualifications required of applicants for the job, the hours of work (shift) and the wage rate for the job. Employees interested in the job posting will sign the posting within the four (4) working days. At the end of the four (4) working days of the posting, a copy of the signed posting will be given to the Chief ▇▇▇▇▇▇▇. Class 4 positions – One (1) day trial Class 3 positions – three (3) day trial Class 2 positions – Five (5) day trial Class 1 positions – ten (10) day trial period It shall be understood by all parties that due to production schedules, there may not always be available work on relevant machines necessary to qualify an employee for a specific position, which can create delays in the process to award the position. The Company will make every effort to complete position trials within the specified time period.
(b) In filling job vacancies, including promotions, the job shall be awarded within fourteen (14) calendar days of the posting. In selecting employees for a posted vacancy, senior employees shall be given preference, providing they have the skill and ability to perform the required work, however, the affected employee will be given five (5) working days to perform that job up to the Company’s quality and quantity standards. Within those five (5) working days, the Company will provide sufficient in-house training to the employee. Employees should provide an answer for suitability within one (1) full shift for their intent to take the new role.
(c) If the employee fails to meet the requirements of the job during the trial period, they will be returned to their former position. If the employee wishes to relinquish the new position within the trial period, the employee may do so and return to their former position.
(d) The Company shall post the name of the successful applicant on the bulletin board and a copy shall be given to the Chief ▇▇▇▇▇▇▇.
(e) The successful applicant will begin to receive the rate of the posted position as specified by the Collective Agreement, on the successful completion of the trial period.
(f) Employees cannot post for a new job within six (6) months of being the successful candidate of a posting unless it is a higher-level position or promotion (no lateral transfers).
(a) The Company will determine the successful candidate for a supervisory position in the bargaining unit or outside the bargaining unit, no seniority will govern. This clause includes the lead hands. The Company cannot appoint a lead hand unless the employee has passed their probationary period. The Company will discuss the appointment with the department ▇▇▇▇▇▇▇, but the final right is reserved to the Company.
(b) If a bargaining unit member is offered a position in management, then the Company and the Union agree that the Company has met its obligations to accommodate employee’s seniority in the bargaining unit will be maintained for a period of three (3) months. During this three (3) month period, the employee under any applicable legislation. It will be not exercise the responsibility of employees right to provide written notification of any changes in their address hire, fire or discipline and the employee will continue to the Human Resources Departmentpay Union dues.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority 7.01 Seniority for the purposes of an employee this Agreement shall be defined as length of uninterrupted active service at the Edmonton Shop. A newly hired employee shall be considered a probationary employee until they have completed ninety (90) work days or shifts after which their seniority will be based on service since the last date of hire with the Companyhire. Seniority shall only be credited upon the completion of a probationary period of The ninety (90) calendar work days for full- time or shifts may be extended by mutual agreement between the Company and four hundred the Union. During this probationary period the Company may terminate the employment at its discretion and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to such termination shall not be made the extent expressly provided in this agreementsubject of a grievance.
14.02 The seniority of an 7.02 An employee shall be lost lose their seniority standing and his/her employment automatically terminated for any of relationship with the Company under the following reasons.conditions:
(a) he/she quits his/her employment;an employee leaves the service of the Company,
(b) he/she retires;an employee is discharged for cause, unless subsequently reinstated by the grievance procedure,
(c) he/she an employee fails to return to work after a lay-off within seven (7) calendar days after being requested to do so by the Company or fails to notify the Company within two (2) days that they will return to work after being notified by the Company at the address shown on its records that work is discharged for just cause and available. It is not reinstated;the responsibility of the employee to keep the Company informed of their current address. Notification will be by a receipted mailing system,
(d) he/she does not perform an employee is absent from work for two (2) consecutive working days or more without advising the Company and giving extenuating valid reasons to the Company justifying the absence either before or during their absence,
(e) an employee takes work elsewhere during leave of absence without the consent of the Company,
(f) an employee is on lay-off for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;months,
(g) if an employee overstays a vacation employee, who has been receiving benefits under Sickness and Disability Plan for non-occupational illness or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she injury fails to return to work immediately after when physically able to do so, or within one year from the Company date benefits cease, whichever is the shorter period,
(h) an employee, who has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able receiving benefits under ▇▇▇▇▇▇'s Compensation regulations, fails to return to his/her job provided that work when physically able to do so.
7.03 An employee who has lost their seniority standing and employment relationship with the Company has met its obligations will, if rehired, be rehired as a new employee.
7.04 In cases of promotion, (except for positions excluded from the bargaining unit), permanent transfers, or in cases of increases or decreases in the working force, the Company shall consider the following factors:
(a) ability to accommodate perform the employee under any applicable legislationwork available without training (job orientation of not more than one shift's duration shall not be considered training).
(b) seniority where qualifications in factor (a) are relatively equal, factor (b) shall govern. It will The Company may make layoffs of up to four (4) regular work days without having to implement provisions of this section, if necessary due to equipment failure, emergency situations, or other short term interruptions in production.
7.05 The Company shall maintain a seniority list showing the date upon which each employee's service commenced. A copy of the current seniority list shall be the responsibility of employees to provide written notification of any changes in their address posted and a copy sent to the Human Resources DepartmentUnion once per month. The list prepared in January 1981 shall be considered final for all employees hired prior to that date and the dates shown for these employees shall not be subject to challenge at any time.
7.06 An employee covered by this Agreement who accepts a position beyond the scope of this Agreement, shall maintain their seniority credit previously acquired for a period of up to one hundred and fifty (150) calendar days in a calendar year while in that position. Employees who exceed one hundred and fifty (150) calendar days may only enter the Bargaining Unit as a new employee with regards to seniority. Service years will continue to be recognized. The Company will keep the Union informed on a quarterly basis the status
7.07 Subject to conditions specified in 7.02, during periods of absence due to sickness, accident, or lay off, service for purposes of seniority will accumulate for a period of time equal to length of service to a maximum of twelve (12)
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. 14.01 The 5.1 For the purpose of seniority, Para Transpo employees covered by this Collective Agreement shall form one (1) seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Companygroup. Seniority shall only will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any established as of the following reasonsApril 2, 2002 seniority list.
(a) he/she quits his/her employment;A newly hired employee shall be on probation for six months. The Company may terminate the employment of a probationary employee, at its discretion, provided that in so doing the Company does not act in bad faith or in a manner that is arbitrary or discriminatory. It is acknowledged that in a case of termination of a probationary employee, the sole question that may form the subject of a grievance is whether the decision to release the employee was made in a manner that was arbitrary, discriminatory or in bad faith, and the burden of proof with respect to such a claim rests with the Union. Upon prior notice from the Company to a probationary employee, that employee’s probationary period may be extended in total to one hundred and twenty (120) days of work.
(b) he/she retires;The Company will as part of the newly hired employee’s orientation, introduce the employee to the Union Representative and schedule the employee during working hours, up to one (1) hour with pay, with the Union for necessary union business and orientation with the Union. The Union shall cooperate with the Company in scheduling employees at a time or times convenient to the Company and the Union to minimize, to the extent possible, time away from work for both the employees and the Union Representative involved.
5.3 An employee shall lose their seniority and be deemed to have quit the employ of the Company in the following circumstances:
(ca) if he/she is discharged for just cause and is not reinstated;
(b) if he/she quits and/or resigns voluntarily;
(c) if, following lay-off, he/she fails to return to work within three (3) working days after receiving notice by registered mail to do so, unless just cause exists;
(d) if he/she accepts other employment that prevents him/her from performing his/her scheduled driving duties or affects the level of performance of the employee’s duties or results in any non-compliance with statutory or Company requirements;
(e) if, he/she is absent from work for a period of three (3) consecutive scheduled work days without notifying the Company and without reasons satisfactory to the Company; considered for re-employment. The Company in the case of hiring, shall give first consideration to a request on file, however such consideration shall not exceed a period of eighteen (18) months following the date of lay off. It shall be the employee’s responsibility to ensure an up-to-date address and telephone number is on file with the Company;
(g) he/she does not perform fails to return to work upon expiration of a leave of absence or vacation, or utilizes a leave of absence for a purpose other than for which it was granted. All leaves of absence requests shall be in writing to the Company, setting out the reason for the request.
(h) Customer or public concerns - If the Company, having received and investigated a written concern from the customer and the Company is satisfied that the continued use of a driver is not in the best interest of the passengers, the Company may place the employee in other work. The Company and the Union may, in writing, agree upon any other resolution. An employee with seniority may file a grievance with respect to the factual findings relating to the incident and the employee involvement. The matter, if not resolved through the grievance procedure may proceed to arbitration as set out in Article 14.
5.4 The seniority lists shall be posted on the Company notice boards in March and October, of each year. The master seniority list shall show the date upon which each employee's service commenced. A copy of the master seniority list shall be furnished to the Executive Board Member. The seniority lists shall be amended to include new and terminated employees each year.
5.5 A seniority status that has remained unchanged for twelve (12) consecutive months from the posting shall be considered as correct. Any protests with regard to an employee's seniority standing must be submitted in writing within sixty (60) calendar days from the date seniority lists are posted. An employee or his representative must present proof of error, should the error be corrected, the corrected seniority date agreed upon shall be final. No changes shall be made in existing seniority status of an employee unless agreed to in writing between the Para Transpo Branch Manager and the Executive Board Member.
5.6 An employee transferred or promoted to a position outside the bargaining unit, shall retain and continue to accumulate his seniority for a period of twelve (12) months in the case from first day of lay-off;
(e) transfer provided he/she does not perform work continues to pay his/her Union dues. An employee remaining outside the bargaining unit longer than twelve (12) months shall relinquish all accumulated seniority and shall be removed from the seniority list. Such employee shall have the right to return to a position in the bargaining unit consistent with his seniority within the twelve (12) month period providing there is a vacancy. It is clearly understood that such employee shall have no bumping rights. The employee shall have no right to return to the bargaining unit if the employee was terminated for the Company just cause or was transferred for a period of twenty-four longer than twelve (2412) months months. 5.7 The Company will be responsible for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory issuing to the Company is given by employees the employee;
Collective Agreement within sixty (g60) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to returnsigning. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It This will be at the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentCompany's cost.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. 14.01 The seniority of an 10.01 An employee shall will be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of considered on probation until he has completed ninety (90) calendar days of continuous employment with the Company, unless the Company decides to waive the probationary period for full- time an individual who has prior service with the Company or affiliated companies. Upon completion of such probationary period, the employee’s name shall be placed on the appropriate seniority list. The discharge of a probationary employee may be for any reason at the discretion of the Company and four hundred and eighty-seven and one half (487.5) hours worked shall not be made the subject of grievance or six (6) months, whichever comes first, for part- timearbitration.
10.02 For provisions of this Agreement seniority means the length of continuous service with the Company since the date of last hiring at the operations covered by this Collective Agreement. Seniority rights will apply only is the principle of granting preference to the extent expressly provided employees in this agreementpromotions, transfers, demotions, due to a change or reduction in operations, lay-offs, and rehiring after layoffs in accordance with length of employment in articles 10.04, 10.06, 10.15.
14.02 The 10.03 A person shall lose all seniority of an employee and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company if he:
(a) he/she voluntarily quits his/her employment;the employ of the Company; or
(b) he/she retires;is discharged and such discharge is not reversed through the Grievance Procedure; or
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three five (35) consecutive working days unless a reason satisfactory to the Company is given; or
(d) fails to return to work upon termination of an explanation authorized leave of absence unless a reason satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it the leave was granted; or
(e) is absent due to layoff of more than twenty-four (24) months; or
(f) fails to notify the Company of his intention to report for work within five (5) days from the date of written notice of recall to him, unless a reason satisfactory to the Company is given; or
(g) fails to report to work after being recalled from layoff within ten (10) days of notifying the Company of his intention to report for work, unless a reason satisfactory to the Company is given.
10.04 In any layoff (not including layoffs of fourteen (14) days or less) or recalling after layoff, the Company shall consider the following two (2) factors in determining which employee or employees shall be laid off or recalled:
(a) the seniority of each employee concerned;
(jb) he/she fails the requirements and efficiency of operations and the qualifications, knowledge, training, skill and physical fitness of each employee concerned to return to do the work immediately after required by the Company. The Company will consider factor (b) first. When, in the judgement of the Company, (b) is equal as between two (2) or more employees, then the employees having greater seniority will be given preference. The Company will not exercise its judgement in an arbitrary fashion.
(c) When the Company has been notified by determines that a doctor or Workplace Safety senior employee is not equal to a junior employee and Insurance Board that the senior employee might become equal if he is able given training for a maximum period of fifteen (15) working days, the senior employee will be offered a training opportunity to return a maximum of fifteen (15) working days to his/her job provided that allow him to obtain the necessary requirements.
10.05 The procedure for recall to permanent jobs will be as follows. Notice of recall shall be sent to the individual by registered mail and shall be good and sufficient notice if sent to the last address the individual has communicated in writing to the Company.
10.06 In cases of a permanent promotion or demotion within a Department or in deciding which applicant shall fill a posted vacancy, the Company has met its obligations shall consider the following two (2) factors in determining which employee within the Department shall be promoted or demoted:
(a) seniority of each employee concerned;
(b) requirements and efficiency of operations and the qualifications, knowledge, training, skill and physical fitness of each employee concerned to accommodate do the work required by the company. The Company shall consider factor (b) first. When in the judgement of the Company, (b) is equal as between two (2) or more employees, then the employee under any applicable legislation. It having the greater seniority will be given preference. The Company will not exercise its judgement in an arbitrary fashion. If such promotions are made pursuant to this Section, they shall be listed on a bulletin board in the responsibility Plant.
10.07 In the event of employees a permanent vacancy occurring in another Department, an employee may apply for the vacancy through the job posting procedure. The process for filling a vacancy in another department shall be as follows:
(a) The Company will fill the vacancy in the Department in accordance with Article 10.06 of the Collective Agreement;
(b) The next vacancy in the Department after a vacancy is filled by an employee from another department may be filled by the Company hiring an individual from outside the Bargaining Unit, without regard to provide written notification of any changes in their address to the Human Resources Department.Article
Appears in 1 contract
Sources: Collective Bargaining Agreement