Common use of SENIORITY Clause in Contracts

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 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 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 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 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 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 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 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 14:01 An employee will be considered on probation and will not acquire seniority until he/she has worked a total 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 sixty (9060) calendar working days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsthe Employer, 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 when his/her employment automatically seniority shall commence from the date of last hiring. 14:02 The Employer agrees to observe the seniority of employees in connection with promotions, demotions, transfers, layoffs, and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. Promotions to supervisory positions shall not be subject to the provisions of this Agreement. 14:03 A seniority list will be prepared and forwarded to the Union office on or about the 30th day of November during the term of this Agreement. 14:04 In the event of a tie in seniority between two or more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyperson ▇▇▇▇▇▇▇▇▇ immediately prior to the date of last hiring. 14:05 An employee shall lose all seniority and deemed to be terminated for any if he/she: a) voluntarily quits, resigns or retires the employ of the following reasons. (a) he/she quits his/her employmentUniversity; (b) he/she retiresis justifiably discharged; (c) he/she is discharged has been laid off 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 more than twenty-four (24) months consecutive months; and d) following a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of his/her intention to return, or fails to report for any other work on the date and at the time specified in the said notice, without a reason other than lay-off, provided that acceptable to the Company has met its obligations to accommodate the employee under any applicable legislation;Employer. (fe) he/she is absent from work without permission for a period of five (5) or more than three (3) consecutive working days unless an explanation satisfactory to without notifying the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension Employer of such leave of absence or vacation from absence, in which case he/she shall be deemed to have resigned his/her employment with the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;Employer; and (hf) if an employee who is recalled to work fails to return within ten (10) calendar days to work upon the expiration of mailing a leave 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 absence, 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; (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 Agreement, Collective Agreement

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 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 (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 layoff 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 2 contracts

Sources: Collective 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 (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 seniority of an 10.01 An employee shall be defined as length considered to be on probation until he/she has completed 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 a probationary period the said service be given seniority rights from the date of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthshiring. In the case of intermittent employment, 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 hiring date for any seniority purposes shall be 720 hours prior to the date of completion of 720 hours of satisfactory service. 10.02 Seniority shall be accumulated by the time worked in the employ of the following reasonsCompany, 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 as provided in section 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 unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation for reasons other than illness or leave of absence injury 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 having applied for that employee; (i) If an employee utilizes and obtained a leave of absence for purposes other than those a definite period from the Company, unless there is a good reason, acceptable to the Company provided for which it was granted;such failure to meet this time limit. (jD) 1. He/she is absent for seven (7) consecutive days due to illness or injury unless the Company is notified of such condition in writing by the 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 fails to return to work immediately after cannot notify the Company has been notified by a doctor or Workplace Safety within the time and Insurance Board that in 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 manner aforesaid, unless failure to provide written notification of any changes in their address to the Human Resources Departmentis for good reason.

Appears in 2 contracts

Sources: Collective Labour Agreement, Collective Labour 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 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 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 12.01 The term "seniority" as used herein shall mean accumulated service calculated from the employee's 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 employees last date names. The status of hire seniority shall not decrease or advance because of a name change. 12.03 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) If they voluntarily quit. (a) he/she quits his/her employment; (b) he/she retires;If they are discharged, and not reinstated through the grievance and/or arbitration 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, without a valid reason. i) The Company will notify laid off employee(s) to return to work by registered mail to their last known address, and they will be allowed no more than five (5) working days from the Delivery Confirmation date (confirmation date is the date the item has arrived at its destination) to report for duty, unless an explanation satisfactory such failure to report is due to injury, illness, accident or other substantial cause not of the employee's doing which makes it impossible for them to notify the company within the time period outlined above and provided the employee does notify the Company as soon as possible thereafter. A copy of the registered letter will be provided for the Plant Chairperson, at the time of mailing. ii) If an employee(s) is given by the employee; (g) at work with another employer they will not lose seniority 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 they report 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) calendar working days following their notice of recall, as outlined in Clause 12.03 (e)(i), and they present a "Record of Employment Certificate" to the Company within ten (10) working days of mailing of notification returning 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;work. (if) If an employee utilizes overstays a Company approved leave of absence absence, for purposes other more 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.three

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining 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 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 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 seniority 13.1 Seniority of an members of the Association shall commence when the 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 completes his/her probationary period, as defined by Act 78, and shall be retroactive to initial date of employment automatically terminated as a member of this bargaining unit. 13.2 An employee shall forfeit and/or terminate his/her seniority for any of the following reasons.: (a) a. If he/she quits his/her employmentresigns; (b) he/she retires; (c) b. If 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) c. If he/she is absent from work without permission for more than three (3) consecutive working work days unless an explanation satisfactory without notifying the Employer. An exception to this may be made if the Company is given by employee was incapable and unable to notify the Employer for reasons or causes beyond the control of 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) d. 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 upon expiration of a leave of absence; e. If he/she fails to return to work within fourteen (14) calendar days after being recalled from a layoff; notification of recall shall be sent to the Company has been notified employee’s last known mailing address by certified mail; f. If he/she retires; g. If an employee gives a doctor false reason to obtain a leave of absence, or Workplace Safety and Insurance Board is employed during the leave of absence unless prior approval to be employed during the leave of absence is obtained by the employee; h. If an employee separates from employment upon settlement covering total disability; i. If an employee is unable to work for more than two (2) years with evidence that the employee is will not be able to return perform the duties of his/her previous position without restriction, except as provided by the ADA; j. If an employee gives false information on his/her application for employment; k. If he/she is laid off for a continuous period equal to his/her job provided that length of seniority or three (3) years, whichever is lesser. 13.3 A seniority list shall be furnished to the Company has met its obligations Association by the Employer every six (6) months (January and July). 13.4 Seniority for the purposes of layoffs, recalls, and promotions shall be in accordance with Act 78 of the Public Acts of 1935, as amended. 13.5 Such Seniority shall not be applicable for purposes of pension benefits, which benefits shall be based on credited service as defined in the Employee’s Retirement System, Chapter 10 of the ▇▇▇▇ City Code, nor for fringe benefits which shall be determined by the service date (continuous service as of employee’s last date of hire with the Employer, less unpaid leaves of absence). 13.6 If an employee returns to accommodate the bargaining unit from an unpaid leave of absence or disability retirement, the employee under any applicable legislation. It will be shall not have accrued bargaining unit seniority during the responsibility period of employees to provide written notification of any changes in their address to the Human Resources Departmentleave or retirement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining 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 11.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire parties agree with the Company. Seniority shall only be credited upon the completion of a reference to 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) monthsemployees, 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.that; (a) he/she quits his/her employment;All employees, until they have been employed by the Company for Sixty (60) calendar days, shall be probationary employees. (b) he/she retires;During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Company at the expiration thereof, shall be credited with seniority back to the date of last hire. (c) he/she Under no circumstances will an employee be required to serve a second probationary period. 11.02 Seniority shall mean the length of continuous employment in the bargaining unit with the Company during which seniority is not broken under the provisions of this Agreement. 11.03 Within thirty (30) calendar days of ratification and in January of each year thereafter (or semi-annually if requested by the Union), the seniority list, including the employees' seniority, service date and employment status (full-time or part-time) shall be posted and a copy mailed to the Union. 11.04 An employee shall lose his seniority and his employment shall be terminated for all purposes in the following circumstances: (a) if he is discharged for just cause and is not reinstated; (db) he/she does not perform work for the Company if he resigns voluntarily; (c) if he is laid off for a period in excess of twelve (12) months in consecutive months; (d) if, following layoff, he fails to return to work within five (5) working days after receiving actual or deemed notice to do so. The employee shall be deemed to have received notice to return to work when the case Company sends him such notice by registered mail or priority post. The employee shall keep the Company informed of lay-off;his current address. (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 his extended absence due to accommodate the employee under any applicable legislationinjury or illness exceeds 12 months; (f) he/she if, an employee exceeds without authorization a granted leave of absence; or (g) if he is absent from work without permission authorization 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 Departmentdays.

Appears in 2 contracts

Sources: Collective Bargaining 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 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 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 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 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 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 12.01 An employee will be considered probationary for his first sixty (60) days worked and will have no seniority of rights during that period, and if he is suspended or discharged at any time during such probationary period, such discharge or suspension shall not be subject to the grievance or arbitration procedure, an employee shall be defined acquire seniority dating from the date he commenced employment and shall thereafter accrue seniority 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 agreementherein. 14.02 The 12.02 An employee’s seniority of an employee and employment shall be lost and his/her employment automatically terminated for any of the following reasons.terminate without further notice to him when he: (a) he/she quits his/her employmentvoluntarily quits; (b) he/she retiresis dismissed and is not re-instated in accordance with the provisions of this Agreement; (c) heis laid off for a period equal to his/she is discharged for just cause and is not reinstatedher seniority, to a maximum of eighteen (18) months; (d) he/she does not perform work for overstays an authorized leave of absence without a reason acceptable to the Company for a period of twelve (12) months in the case of lay-offCompany; (e) he/she does not perform work for the Company for a period accepts employment while on an authorized leave of twenty-four (24) months absence or uses such leave 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; (jf) he/she is retired, subject to the Ontario Human Rights Code; (g) is absent from work for three (3) consecutive days or more without advising the Company at the time of such absence; (h) is on lay-off status and fails to return to work immediately after within five (5) working days of the Company has been notified date of mailing by a doctor registered mail of notice or Workplace Safety and Insurance Board that recall to his last address on record with 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 legislationCompany. It will be is the responsibility of employees the employee to provide written notification keep the Company informed at all times of any changes in their his current address and telephone number. A copy of all such notices shall be given to the Human Resources DepartmentUnion Chairperson on the date of mailing. (a) The parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in all cases of vacancy, promotion, demotion, transfer, vacation, lay-off, termination and recall after lay-off or termination, senior employees shall be entitled to preference. (b) In recognition, however, of the responsibility of the management for the efficient operation of the plant, it is understood and agreed that in all cases referred to in section (c) As of the date of ratification if two (2) or more employees are hired on the same day, seniority shall be determined by the employees start time. 12.04 Seniority shall be maintained and accumulated during: (a) absence due to sickness or accident, for a period equal to his seniority to a maximum of forty-eight (48) months, whichever is the lesser; and (b) authorized leave of absence; (c) an absence due to lay-off for a period equal to his seniority to a maximum of eighteen (18) months.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 8.01 The seniority of an employee shall be defined as means the length of uninterrupted his continuous service with the Employer 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) monthslast hiring, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided as described in this agreementArticle 9. 14.02 8.02 The seniority and employment of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentif he voluntarily quits; (b) he/she retiresif he is discharged and not reinstated in accordance with provisions of the agreement; (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 Employer-approved leave of absence for more than three (3) consecutive working days days, unless an explanation satisfactory the employee offers a reason acceptable to the Company is given by Employer, why he could not contact the employeeEmployer; d) if absent from work due to sickness or a noncompensable injury for a period in excess of three (3) consecutive days without providing the Employer with an acceptable medical certificate from a qualified medical practitioner; e) if an employee is laid off due to lack of work, and his recall rights expire as per Article 10; f) if an employee is absent for a period exceeding twelve (12) consecutive months on account of nonoccupational injury or illness unless the employee can submit medical evidence that a return to work is possible within a reasonable period of time; g) if an employee, upon being recalled, fails to notify the Employer within forty-eight (48) hours of being given notice of recall, or having notified the Employer, fails to report for work within three (3) days of notification of the Employer, except where extenuating circumstances existed, which meets the Employer’s approval, which prevented the employee from notifying the Employer; h) if he accepts any employment while on a leave of absence; i) if he overstays a vacation or an Employer-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 explanation satisfactory employee offers a reason acceptable to the Company is given by Employer why he could not return on the employeescheduled date; (hj) if an employee who is recalled to work fails to return within ten he attains age sixty-five (10) calendar days of mailing of notification to return. Such mailing 65). 8.03 It 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 the employee to provide written notification notify the Employer in writing promptly of any changes change in their address and telephone number. If an employee fails to do so, the Employer will not be responsible for failure of any notice to reach such employee. 8.04 Any employee promoted or transferred to a job outside the bargaining unit shall maintain his accumulated seniority acquired on the date of his promotion or his transfer. When an employee returns to the Human Resources Departmentbargaining unit, he will have the accumulated seniority he had acquired at the time of promotion or transfer. 8.05 The Employer will provide the union with a current seniority list showing each employee’s seniority date, current address, classification and rate of pay, every six (6) months. (Implementation Note: the seniority list for posting in the plant will not have wage rates and addresses. )

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an employee shall be 10.01 Seniority is defined as length of uninterrupted continuous service since from the date of last hire. Seniority will be acquired and seniority rights established when an employee has completed her probationary period under Article 2.04. Where two (2) or more employees commence work on the same day, the Employer will document which employee accepted the position first and such employee shall be considered senior. 10.02 Once an employee has successfully completed their probationary period, seniority shall be accumulated retroactive to the employee's last date of hire with in the Companybargaining unit and will continue to accumulate thereafter. 10.03 A seniority list containing the names of all employees will be posted on the Official Union Bulletin Board at the end of April and at the end of October each year. Seniority Employees shall only be credited upon the completion of a probationary period of ninety have thirty (9030) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsfrom the date on the seniority list to notify the Employer, whichever comes firstin writing, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementof any errors, changes, additions and/or deletions. 14.02 10.04 The Employer shall supply the Union ▇▇▇▇▇▇▇ and the Union Office with one (I) copy of the seniority of list. 10.05 The Parties agree that an employee shall be lost lose all seniority and his/her employment automatically shall be deemed terminated for any of and there shall be no obligation to re-hire the following reasons.employee if: (a) he/she She voluntarily quits his/her employment; (b) he/she She retires; (c) he/she She is discharged for just cause and such discharge is not reinstatedreversed through the grievance procedure or arbitration; (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 She is absent from work without permission for more than in excess of three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employeereasonable cause exists without notification; (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 She fails, upon receipt of notification to return. Such mailing shall be of recall by registered mail to her last known address, to signify her intention to return to work within five (5) working days after receiving notice of recall under the last address provisions of the employee that the Company has in its files for that employee;Article 11 - ▇▇▇▇▇▇ and ▇▇▇▇▇▇; or (if) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she 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 upon termination of employees to provide written notification an authorized leave of any changes in their address to the Human Resources Departmentabsence.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The 16:01 An employee will be considered on probation and will 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 until after he/she has worked for a probationary period total of ninety (90) calendar working days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsthe Employer, whichever comes first, for part- time. Seniority rights will apply only to when his/her seniority shall commence from the extent expressly provided in this agreementdate of last hire. 14.02 The seniority of an 16:02 A sessional employee shall be lost and his/her employment automatically terminated for any deemed to be in the continuous employ of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) Employer for the purpose of seniority if he/she is discharged for just cause employed a minimum of eight (8) consecutive months in a twelve (12) month period. A sessional employee shall not be entitled to exercise his/her seniority in accordance with Article 16:07 in order to displace a regular full-time employee during the period in which the sessional employee is laid off following the session. 16:03 A seniority list containing the names, classifications, employing department and is not reinstatedseniority of employees will be forwarded in an electronically readable format to the Local Union President once every month. 16:04 An employee shall lose all seniority if the employee: a) voluntarily quits the employ of the University; b) is justifiably discharged; c) has been laid off for more than twenty four (24) consecutive months; d) hefollowing a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of his/she does not perform her intention to return or fails to report for work for on the Company date and at the time specified in the notice; e) accepts a position outside the bargaining unit 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 one hundred and twenty (3120) consecutive working days unless an explanation satisfactory to the Company is given by the employee; calendar days. For periods of less than one hundred and twenty (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 (10120) 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 may 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 former position with seniority re-instated to the Human Resources Departmentdate of leaving the bargaining unit position; f) is absent from work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in which case he/she shall be deemed to have resigned his/her employment with the Employer.

Appears in 1 contract

Sources: Collective 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 of an employee 11.01 Seniority shall be defined as mean length of uninterrupted continuous service since the last date of hire with the Company. 11.02 The Company will provide upon request, once every six months a seniority list. Seniority shall only A copy of this list will be credited upon given to the completion of a Chief ▇▇▇▇▇▇▇ and to the Union Office. 11.03 An employee will be considered probationary period of for his first ninety (90) calendar days for full- worked and will have no seniority rights during that period, and he may be suspended or discharged at any time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsduring such probationary period. Upon satisfactory completion of the probationary period, 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 acquire seniority dating from the date he first commenced employment and shall thereafter accrue seniority as provided herein. 11.04 Seniority and employment shall be lost and his/her employment automatically terminated for any of the following reasons.deemed to terminate when an employee: (a) he/she voluntarily quits his/her his employment; (b) he/she retiresis dismissed for just cause; (c) he/she is discharged for just cause and is not reinstated; (d) he/she except as permitted by paragraph 14.03, 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 or a period equal to his seniority, whichever is the lesser; (d) overstays an authorized leave of absence and prior to the expiry of such leave fails to obtain an extension thereof or to give a reasonable explanation for such failure. (e) accepts employment while on an authorized leave of absence or uses such leave 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 one for which it was granted; (jf) he/she is retired; (g) is absent from work for five (5) consecutive days or more without advising the Company at the time of such absence of a satisfactory reason thereof or; (h) is on a lay-off status and fails to return to work immediately after or to satisfy the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee he is able unable to return to his/her job provided that the Company has met its obligations work because of accident or illness or other sufficient cause within five (5) working days after receipt of notice to accommodate the employee under any applicable legislation. It will be the responsibility of employees return to provide written notification of any changes in their address to the Human Resources Departmentwork.

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 and shall be applied on a bargaining unit wide basis by geographic address. 21.02 An employee shall lose his/her seniority and the employee's employment shall be deemed to be terminated in the following circumstances: (a) if he/she voluntarily quits his/her employment with the CompanyEmployer; (b) that he/she is discharged and is not reinstated through the Grievance or Arbitration Procedures; (c) that he/she is off work because of lay-off, accident or illness for twelve (12) months or the length of the employee's seniority, whichever is shorter; (d) fails to notify the Employer within two (2) working-days that he/she 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 Employer by registered mail to report for work following lay-off unless a reason satisfactory to the Employer is given; (e) absence from work for one (1) day without notifying the Employer, except 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 prevented from performing his/her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his/her employment for the Employer and for which he/she is receiving compensation under the provisions of the Workplace Safety and Insurance Act for a period of up to twelve (12) months or the employee's seniority, whichever is shorter. 21.04 An employee who does not qualify to accumulate seniority under Article 21.03 shall maintain his/her existing seniority, unless and until he/she loses same pursuant to Article 21.02. 21.05 Employees shall be required to notify the Employer of their current address and telephone number and of any change to the address or telephone number in the future. Seniority The Employer shall only be credited entitled to rely upon the completion of a probationary period of ninety last address and telephone number furnished to it by an employee for all purposes. 21.06 Seniority lists shall be provided to the appointed Union ▇▇▇▇▇▇▇(90s) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or shall be posted in the work place every six (6) months, whichever comes first, for part- time. Seniority rights will apply only The Employer agrees to provide the extent expressly provided in this agreementUnion with the combined full-time / part-time / casual seniority list at each geographic location at the beginning of May and December of each year. 14.02 The seniority 21.07 In the event of an employee lay-offs, and for the purpose of recalling those to work who have been laid-off, the following factors shall be lost and his/her employment automatically terminated for any of the following reasons.considered: (a) he/she quits his/her employmentseniority; (b) ability to perform work available. It is agreed that in circumstances where, between two (2) or more employees, ability is relatively equal, seniority shall govern. 21.08 Employees returning from sick leave, approved leave of absence, Workers' Compensation, or maternity leave, will be returned to their former shift and former duties within one (1) week of returning to work. 21.09 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement, as defined in Article 1 - Recognition, 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 retain his/her job provided that accumulated seniority for a six (6) month period from the Company has met its obligations to accommodate date of appointment or length of seniority, whichever is shorter. Following the employee under any applicable legislation. It will expiry of the preceding limits the employee's name shall be considered deleted from the responsibility seniority list, except for the purposes of employees to provide written notification of any changes in their address to the Human Resources Departmentvacation pay percentages.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority 10.1 For the purposes of this Article, service shall mean the service as an employee as defined in Article 1 - Definition. 10.2 Seniority is based on an employee's total length of unbroken service. A break in service is defined as an absence of greater than thirty (30) consecutive days. 10.3 No employee shall be transferred to a position outside the bargaining unit without the employee’s consent. An employee who accepts a position outside the bargaining unit or who ceases to be an employee as defined in Article 1, but who remains in the employ of the Company at ▇▇▇▇▇▇ ▇▇▇▇▇▇ Conference Centre, shall retain credit for his/her accumulated seniority, and shall be entitled to such seniority if he/she subsequently resumes a status as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of an employee under this Agreement within 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 agreementmonth period. 14.02 The seniority of 10.4 If there is a break or breaks in an employee shall be lost and employee's service, his/her employment automatically terminated for any seniority shall be based on his/her length of unbroken service which shall have accumulated since his/her last rehiring by the following reasonsCompany. 10.5 A break in an employee's service with the Company shall be deemed to have occurred: (a) If he/she quits his/her employmentleaves the employ of the Company; (b) he/she retires; (c) If he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for reinstated through 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-offgrievance procedure, provided that the Company has met its obligations to accommodate the including an instance where an employee under any applicable legislation; (f) he/she is absent from work without permission notice to the Company for more than three (3) consecutive working days unless an explanation satisfactory and subsequently fails to provide the Company is given by the employeewith a reasonable explanation for his/her absence and failure to give notice; (gc) if an employee overstays a vacation or leave If he/she is laid off because of absence without securing the extension lack of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company work and is given by the employee;not recalled within two (2) years. (ha) if an A new employee shall be on probation until he/she has completed sixty (60) days of work for the Company. Thereafter, his/her length of service shall be calculated from his/her date of hiring. Employees, at the discretion of management, may be removed from probationary status earlier than sixty (60) working days. No employee will be required to serve more than one (1) probationary period. (b) An employee who is recalled rehired within a one (1) year period shall not be regarded as a probationary employee nor shall they be required to work fails have a trial period as described in Article 11.1 (e). Length of service shall be calculated from date of rehiring. (c) A probationary employee shall have all rights under the terms of this Agreement, except where such employee is discharged by the Company during this period; it shall not be open to return within ten review under the grievance procedure set out in this Agreement and/or arbitration. Any employee who has completed their sixty (1060) calendar days of mailing probation may be dismissed but only for just cause. 10.7 The Company will provide up-to-date seniority lists to the Union and will also post the lists in all work locations by the 1st of notification January, April, and October. These seniority lists will include names, positions, and service and seniority of all employees. When two (2) or more members of the Bargaining Unit have the same seniority date, the employer will forward the names and addresses of the employees and the positions awarded to returnthe Union. Such mailing The Union shall draw the names of the employees by lot at a regular or special meeting of the Union. The employee whose name is chosen earlier shall be by registered mail deemed to have greater seniority. The Union will advise the last address employer of the employee that outcome and 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 employer shall be entitled to return to work immediately after rely upon 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 Departmentresults as provided.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 Seniority as referred to in this Agreement, shall mean length of continuous service in the employ of the Employer and for purposes of this Agreement shall also include all seniority accumulated preceding transfers to the Employer's employ in accordance with The Regional Municipality of ▇▇▇▇ ▇▇▇, ▇▇▇▇. Seniority as used in this Collective Agreement shall operate on a bargaining unit-wide basis. 14.02 Newly hired employees will be considered on a probationary basis for a period of three (3) months from the date of hiring and will have no seniority rights during that period. After three (3) months of continuous service, his/her seniority shall date back to the day on which his/her employment began. 14.03 Seniority and all rights of an employee shall be defined as length of uninterrupted service since the last date of hire cease when an employee: 1. Quits for any reason. 2. Retires or is retired in conformity with the CompanyPension Regulations. 3. Seniority shall only be credited upon Is discharged and not reinstated through the completion grievance procedure or arbitration provisions of this Agreement. 4. Has been on lay-off for a probationary continuous 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 months in the extent expressly provided in this agreement. 14.02 The seniority case of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. employees with less than 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 the Company for a period of year's service or twelve (12) months in the case of employees with more than one (1) year's service. 5. Who has been on lay-off;off and: a) fails to notify the Employer within five (e5) 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 working days 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 intending 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 when notified by registered mail addressed to the last address he/she had recorded with the Employer; and, b) fails to return to work as soon as possible after receiving notice but in any event within seven (7) working days of the employee that mailing or other communication of such notice, unless he/she is prevented from reporting for work for reason(s) acceptable to the Company has in its files Employer. 6. Fails to return to work immediately after the expiration of an authorized leave of absence granted by the Employer unless prevented from doing so for that employee;reason(s) acceptable to the Employer. (i) If an employee utilizes a 7. Uses such authorized leave of absence for purposes other than those that for which it was granted;. 8. Is absent for two (j2) he/she fails working days without notifying the Employer except when failure to return give such notice is caused by conditions acceptable to work immediately after the Company Employer. 14.04 Seniority lists shall be updated quarterly by the Employer and include the classification and yard location of each employee and posted on the Employer's appropriate bulletin boards with a copy of same being sent to the Union. 14.05 In any instance where the Employer dismisses an employee who has been notified by completed the probationary period as a doctor or Workplace Safety result of an alleged violation of any specific provisions contained in Article 14.03 and Insurance Board that the employee is able believes such dismissal to return be unjust, that employee will have full opportunity to his/her job provided that invoke all provisions of 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 Departmentgrievance and arbitration procedures.

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

SENIORITY. 14.01 The seniority of an 11.01 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 first ninety (90) calendar days and will have no seniority rights during that period; and his employment may be terminated at any time during such probationary period, and such termination shall not be subject to the grievance procedure. After ninety (90) calendar day’s service, his seniority shall date back to ninety (90) calendar day’s prior to the date on which he completed his probationary period. 11.02 The seniority rights of an employee, and the employee’s employment shall be deemed terminated if the employee: (a) quits for full- time any reason (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) has been on lay-off for a period equal to his seniority to a maximum of twenty four hundred and eighty-seven and one half (487.5) hours worked or six (624) months; (d) fails to report to work within five (5) working days after being notified by the Company, whichever comes firstfollowing a lay-off, or fails to inform the Company within three (3) working days of recall that he will report to work, unless the Company is satisfied with the employee’s explanation for part- timehaving failed to report to work or inform the Company within foresaid time limits; (e) fails to return to work upon termination of an authorized leave of absence or utilizes a leave of absence for other purposes than those for which the leave of absence was granted; (f) is absent for three (3) consecutive scheduled working days without notifying the Company in the manner prescribed; (g) leaves the Company premises, without informing a member of Management for any reason whatsoever except in the case of an emergency. Seniority rights Absences will apply only to the extent expressly provided in this agreementbe reviewed for authorization. 14.02 The seniority of an (h) Participates in any illegal strike as defined by the Labour Relations Act or; (i) Fails to report to work after being absent due to documented sick leave, (Sick and Accident Leave) unless the employee shall be lost and his/her employment automatically terminated for any of the following provides a doctor’s note verifying he is to remain off work due to medical reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she An employee who is discharged for just cause and is not reinstated; (d) he/she does not perform work absent due to proven illness or non-occupational accident shall continue to accumulate seniority only for the Company for a period of first twelve (12) months in the case of lay-off;such (eb) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-offUpon return to work, 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 absent in excess of nine (9) months due to illness or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company non- occupational accident will not accumulate any seniority until he has met its obligations to accommodate the employee under any applicable legislationbeen back at work full-time for four (4) consecutive weeks. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.After four

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The 10.01 Seniority as used in this Agreement shall mean length of service from the employee's first day of work in the bargaining unit. 10.02 An employee shall lose seniority of and shall cease 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 dispute resolution 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 reinstatedproven to the satisfaction of the Board 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 Board 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 mail, to the last address of the employee that of which the Company Board has in its files for that record, unless such failure is proven to the satisfaction of the Board to be due to causes beyond the control of the employee; (if) If an employee utilizes he/she is laid off for a period longer than Twenty-four (24) consecutive months; (g) he/she retires or is retired; (h) he/she has been on indefinite leave of absence for purposes other than those for which it was granted; a period of two (j2) 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 legislationyears. NOTE: It will shall be the responsibility of employees the employee to provide written notification notify the Board in writing promptly of any changes change in address or telephone number (listed or unlisted). If an employee fails to do so, the Board shall not be responsible for failure of notice or contact to reach such employee. 10.03 Surplus to a worksite Members will be declared surplus at a school location according to the following: (a) Notice will be provided by April 30th each school year. (b) The Board will inform the lowest seniority non-native staff at each school when declaring surplus to that specific school. (c) The member will be placed on a surplus list to be placed at a staffing meeting to be held before September 1 of the following school year. 10.04 Lay-Off/Recall (a) Seniority shall be the determining factor in cases of lay-off. (b) A lay-off shall be defined as a reduction in the work force or a reduction or the elimination of an encumbered position, regardless of full or part time status. (a) Notice of lay-off shall be provided by April 30th of each year. (b) Notice is provided to all Tutor Escorts that they will be held in their address to current position until funding has been confirmed. Once the Human Resources Departmentfunding has been confirmed the Tutor Escorts will be advised if the position is confirmed for the coming school year.

Appears in 1 contract

Sources: Collective Bargaining 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 layoff 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 layoff, 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 layoff 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 sixty (60) calendar days. This Article will only apply to employees to provide written notification of any changes in their address to the Human Resources Departmenthired after July 1, 1996.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority 10.1 For the purposes of this Article, service shall mean the service as an employee as defined in Article 1 - Definition. 10.2 Seniority is based on an employee's total length of unbroken service. 10.3 An employee who ceases to be an employee as defined in Article 1, but who remains in the employ of the Company at Queen's University, shall retain credit for his/her accumulated seniority, and shall be defined entitled to such seniority if he/she subsequently resumes a status as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of an employee under this Agreement within 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 agreementmonth period. 14.02 The seniority of 10.4 If there is a break or breaks in an employee shall be lost and employee's service, his/her employment automatically terminated for any seniority shall be based on his/her length of unbroken service which shall have accumulated since his/her last rehiring by the following reasonsCompany. 10.5 A break in an employee's service with the Company shall be deemed to have occurred: (a) If he/she quits his/her employmentleaves the employ of the Company; (b) he/she retires; (c) If he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for reinstated through 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-offgrievance procedure, provided that the Company has met its obligations to accommodate the including an instance where an employee under any applicable legislation; (f) he/she is absent from work without permission notice to the Company for more than three (3) consecutive working days unless an explanation satisfactory and subsequently fails to provide the Company is given by the employeewith a reasonable explanation for his/her absence and failure to give notice; (gc) if an employee overstays a vacation If he/she is laid off because of lack of work and is not recalled within one (1) year, or leave of absence without securing the extension of such leave of absence two (2) years for those who have five (5) or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;more years' seniority. (ha) if an A new employee shall be on probation until he/she has completed sixty (60) days of work for the Company. Thereafter, his/her length of service shall be calculated from his/her date of hiring. Employees, at the discretion of management, may be removed from probationary status earlier than sixty (60) working days. (b) An employee who is recalled rehired within a one (1) year period shall not be regarded as a probationary employee nor shall they be required to work fails to return within ten have a trial period as described in Article 11.1 (10) calendar days e). Length of mailing of notification to return. Such mailing service shall be calculated from date of rehiring. (c) A probationary employee shall have all rights under the terms of this Agreement, except where such employee is discharged by registered mail to the last address of the employee that the Company has during this period; it shall not be open to review under the grievance procedure set out 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 Departmentthis Agreement and/or arbitration.

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) fails to notify the Employer within two (2) working-days that he/she 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 Employer by registered mail to report for work following lay- off unless a reason satisfactory to the Employer is discharged for just cause and is not reinstatedgiven; (d) he/she does not perform absence from work for one (1) day without notifying the Employer, except in extenuating circumstances; (e) if they accept 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 they are prevented from performing their work for the Company by reason of illness, accident and/or injury arising out of and in the course of their employment with the Company and for which they are receiving compensation under the provisions of the Workplace Safety and Insurance Act for a period of up to twelve (12) months in or the case employee's seniority, whichever is shorter (d) An Employee that is off due to sickness and/or Accident will come back to their regular position provided they can perform their regular duties regardless of lay-off;time absent., if the employee is unable to perform their regular duties, the Employer would have the right to assign different position until the said Employee is ready to perform regular duties. (e) heAn Employee returning from an extensive period of Illness or/she and Accident will provide 30 days’ notice to the Employer prior of commencing their functions. 21.04 An employee who 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 qualify to accommodate the employee accumulate seniority 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.Article

Appears in 1 contract

Sources: 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 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 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority 20.01 Seniority as referred to in this Agreement shall mean length of an service in the bargaining unit, dating back to original date of hire, and shall be applied on a bargaining unit-wide basis. 20.02 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 lose his seniority 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.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 re-instated 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 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 work or subsequently fails to report for work within five (5) working-days after being notified by the Company by registered mail to report for work following lay-off unless a reason satisfactory to the Company is given; (e) absence from work for one (1) day without notifying the Company, except in extenuating circumstances. 20.03 An employee shall accumulate seniority under any of the following conditions: (a) when actually at work for the Company; (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 is prevented from 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 receiving compensation under the provisions of the Workers' Compensation Board Act for a period of up to twelve (12) months or the employee's seniority, whichever is shorter. 20.04 An employee who does not qualify to accumulate seniority under Article 20.03 shall maintain his existing seniority, unless and until he loses same pursuant to Article 20.02. 20.05 Employees shall be required to notify the Company of any change of address or telephone number. The Company shall be entitled to rely upon the last address and telephone number furnished to it by an employee for all purposes. 20.06 Seniority lists shall be revised and posted in the case work place every twelve (12) months and a copy sent to the Union. 20.07 In the event of lay-offs, and for the purpose of recalling those to work who have been laid-off, the following factors shall be considered: (a) seniority; (eb) he/she does not ability to perform work available. It is agreed that in circumstances where, between two (2) or more employees, ability is relatively equal, seniority shall govern. 20.08 Employees returning from sick leave, approved leave of absence, Workers' Compensation, or maternity leave, will be returned to their former shift and former duties within one (1) week of returning to work. 20.09 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement, as defined in Article I - Recognition, he shall retain his accumulated seniority for a one (1) year period from the date of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee's name shall be considered deleted from the seniority list, except for the Company for a period purposes 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 Departmentpay percentages.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an employee shall be 15.01 Seniority is defined as length the period of uninterrupted continuous service with the Company since the last date of hire with the Companyhire. Seniority For purposes of this agreement, seniority shall only be credited upon the completion of on a plant-wide basis. 15.02 New employees shall serve a probationary period of ninety sixty (9060) calendar continuous 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 before acquiring seniority rights will apply only to the extent expressly provided in under this agreement. 14.02 . The seniority Company may, at its option, with the agreement of an the Union and the employee, extend a probationary employee's probationary period for a further thirty (30) continuous days. During the probationary period, the termination of a new employee shall be lost at the sole and his/her employment automatically terminated unqualified discretion of the Company. In the event that a new employee successfully completes their probationary period, then seniority shall date back to their last date of hire. 15.03 The Company shall furnish to the Union and post on the bulletin board, lists showing the plant seniority date of all employees in the bargaining unit in January and July of each year. 15.04 An employee shall lose their seniority standing and their name shall be removed from all seniority lists and the employee shall cease to be employed by the Company for any one (1) of the following reasons.: (a) he/she quits his/her employmentif they voluntarily quit or retires; (b) he/she retires; (c) he/she is if they are discharged for just cause and is not reinstatedreinstated through the grievance procedure; (c) if they fail to return to work upon the termination of an authorized leave of absence unless, prior to the end of the leave of absence, the employee notifies the Company of why he cannot return on time and the reason for the extension is acceptable to the Company; (d) he/she does not perform work for if they accept gainful employment while on an authorized leave of absence without first obtaining the consent of the Company for a period of twelve (12) months in the case of lay-offwriting; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than if an employee, on lay-off, provided that upon being notified of their recall to work in accordance with Article 22.02 fails to return to work within seven (7) calendar days from the date the Company has met its obligations requested them to accommodate the employee under any applicable legislationreturn to work; (f) he/she is if they are absent from work without permission for more than three (3) consecutive scheduled working days unless an explanation satisfactory to without notifying the Company is given by the employeeCompany; (g) if an employee overstays they have been laid off for lack of work for a vacation continuous period of three hundred and sixty-five (365) calendar days 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 a period equal to the employee's seniority prior to the lay-off, whichever is the lesser; 15.05 An employee shall maintain and accumulate seniority under the following conditions only: (a) while the employee is actively at work for the Company is given by the employeeafter they have completed their probationary period; (hb) if an employee who is recalled to work fails to return within ten during the first thirty (1030) calendar days of mailing any written leave of notification absence; (c) during the first three (3) years of absence due to return. Such mailing shall be an injury arising at work and covered by registered mail the Workers Compensation Act and in the case of a non-work-related injury or illness during the first three hundred and sixty-five (365) days of such absence; (d) where the employee is on lay-off during the first three hundred and sixty-five (365) calendar days of the lay-off or a period equal to the last address employee's seniority prior to such lay-off, whichever is the lesser. 15.06 In all cases of promotion, other than a promotion to a position outside of the bargaining unit, lay-off or recall from a lay-off, the Company will consider: (a) skill, knowledge, efficiency and ability of the employee that to perform the Company has in its files for that work as well as the 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 's attendance, lateness record 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.general reliability; and,

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an 11.01 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 first ninety (90) calendar days and will have no seniority rights during that period; and his employment may be terminated at any time during such probationary period, and such termination shall not be subject to the grievance procedure. After ninety (90) calendar day’s service, his seniority shall date back to ninety (90) calendar day’s prior to the date on which he completed his probationary period. 11.02 The seniority rights of an employee, and the employee’s employment shall be deemed terminated if the employee: (a) quits for full- time any reason (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) has been on lay-off for a period equal to his seniority to a maximum of twenty four hundred and eighty-seven and one half (487.5) hours worked or six (624) months; (d) fails to report to work within five (5) working days after being notified by the Company, whichever comes firstfollowing a lay-off, or fails to inform the Company within three (3) working days of recall that he will report to work, unless the Company is satisfied with the employee’s explanation for part- timehaving failed to report to work or inform the Company within foresaid time limits; (e) fails to return to work upon termination of an authorized leave of absence or utilizes a leave of absence for other purposes than those for which the leave of absence was granted; (f) is absent for three (3) consecutive scheduled working days without notifying the Company in the manner prescribed; (g) leaves the Company premises, without informing a member of Management for any reason whatsoever except in the case of an emergency. Seniority rights Absences will apply only to the extent expressly provided in this agreementbe reviewed for authorization. 14.02 The seniority of an (h) Participates in any illegal strike as defined by the Labour Relations Act or; (i) Fails to report to work after being absent due to documented sick leave, (▇▇▇▇ and Accident Leave) unless the employee shall be lost and his/her employment automatically terminated for any of the following provides a doctor’s note verifying he is to remain off work due to medical reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she An employee who is discharged for just cause and is not reinstated; (d) he/she does not perform work absent due to proven illness or non-occupational accident shall continue to accumulate seniority only for the Company for a period of first twelve (12) months in the case of lay-off;such illness or accident and shall maintain his existing seniority thereafter, unless he loses then same pursuant to Article 11.02 above. (eb) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-offUpon return to work, 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 absent in excess of nine (9) months due to illness or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company non- occupational accident will not accumulate any seniority until he 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.been back at work full-time for four (4)

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority 15.01 Seniority as referred to in this Agreement shall mean length of an employee continuous service in the employ of the Employer and, except as specifically provided otherwise in 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 on a probationary period of ninety (90) calendar days for full- time and four hundred and eightyplant-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 15.02 An employee will be considered probationary for the first sixty (60) days worked and will have no seniority of an employee shall be lost rights during that period, and if his/her employment automatically is terminated, or he/she is disciplined in any way, at any time during such probationary period, such termination, or discipline, as the case may be, shall not be subject to the Grievance Procedure. After an employee has completed his/her sixty (60) days worked on probation he/she shall acquire seniority which shall date back to his/her last date of hire. 15.03 An employee shall lose all seniority rights and shall be deemed terminated for in any of the following reasonscircumstances: a) Quits for any reason. (a) he/she quits his/her employment; (b) he/she retires;Is given a disciplinary discharge and not reinstated through the Grievance or Arbitration Procedure, or is terminated. (c) he/she is discharged Has been on lay-off for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of more than twelve (12) months in the case of lay-off; (e) he/she does months, or has not perform performed work for the Company Employer during any twelve (12) month period or the length of the employee's seniority whichever is shorter. d) Fails to report 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 within three (3) consecutive working working-days unless an explanation satisfactory to the Company is given after being notified 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 Employer by registered mail or telegram following a lay-off or fails to inform the last address Employer within two (2) working-days of recall that he/she will report to work; both time limits from the time of receipt of notice. It shall be the responsibility of the employee to ensure that the Company Employer records indicate his/her correct address at all times. The Employer shall be saved harmless from any notice not received by the employee when such notice has in its files for that been mailed or otherwise delivered to the employee;'s address shown on the Employer records. If the employee does not respond to a recall notice the onus is on the employee to prove their availability. (ie) If Fails to return to work upon termination of an employee authorized leave of absence, or utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;. f) If the employee is absent from work for one (j1) working-day without proper notice to the Employer as set out in Article 20, or if having given notice he/she fails to return to provide a reasonable bona fide explanation for his/her absence. 15.04 An employee shall accumulate seniority under any of the following conditions: a) While he/she is at work immediately for the Employer, after he/she has completed his/her probationary period as set out in Article 15.02. b) During any period when he/she is prevented from performing his/her work for the Company has been notified Employer by a doctor or reason of injury arising out of and in the course of his/her employment for the Employer and for which he/she is receiving compensation under the provisions of the Workplace Safety and Insurance Board that Act for a period of time up to twelve (12) months or the length of the employee's seniority whichever is shorter. 15.05 An employee is able who does not qualify to return to accumulate seniority under Article 15.04 shall maintain his/her job provided that existing seniority, unless and until he/she loses same pursuant to Article 15.03. 15.06 Employees returning from sick leave, approved leave of absence, Workers' Compensation, or maternity leave will be returned to work in accordance with the Company has met its obligations Employment Standards Act and any other applicable legislation, which will ordinarily mean a return to accommodate their former shift and former duties. 15.07 Seniority lists will be revised at least every six (6) months. A copy of the list will be posted on the plant bulletin board and a copy mailed to the Union. The Employer will not be responsible for errors for action taken on the basis of the posted seniority list unless the employee under any applicable legislation. It will has notified the Employer of such error, within five (5) working days of the posting of the list. 15.08 In the event that an employee covered by this Agreement should be promoted to a position beyond the responsibility scope of employees to provide written notification of any changes in their address this Agreement, he/she shall, if returned to the Human Resources Departmentunit, retain the seniority previously acquired and shall have added thereto the seniority accumulated while serving in such other capacity to a maximum of six (6) months.

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 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) Permanent Seniority List - A new employee who successfully passes the probation period shall be listed by name and seniority date, on the seniority list and shall thenceforth be considered a doctor or Workplace Safety permanent employee with all of the rights and Insurance Board that 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 able or has been promoted to return 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 job provided that promotion but shall not accumulate further seniority during the Company has met its obligations period outside the bargaining unit and upon his/her return he/she shall be placed in a position consistent with his/her qualifications and seniority. The provisions of Article 11:09 will also apply to accommodate the employee under any applicable legislation. It will be the responsibility of employees this Article. (a) The Employer agrees to provide written notification of any changes in their address provide, to the Human Resources DepartmentUnion, in duplicate, plus one copy to each location, 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.

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 12.01 An employee will be considered a probationary employee for the equivalent of the first three (3) months of work. During such period he will have no seniority rights, and the Company will not be obligated to consider any grievance relating to the termination of employment of such an employee. Upon completion of three (3) months of service the employee will have his seniority dated as of the date three (3) months previous. 12.02 Seniority as referred to in this Agreement will mean the length of service in the employ of the Company, and shall be on a branch-wide basis. Employees who transfer to full-time from permanent part-time will be required to work one (1) calendar year in full-time in order to exercise their total seniority with the Company for the purposes of lay-off. 12.03 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 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 lose his seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.standing: (a) he/she If he quits his/her employment;his employment with the Company. (b) he/she retires;If he is discharged and is not reinstated pursuant to the provisions of Article 10. (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 If he is absent from work without permission leave for more than three (3) consecutive working days unless unless, in the opinion of the Company, there is reasonable justification for such absence. (d) If he has been laid off and while he still retains his seniority he fails to (e) If he has been laid off for a continuous period of twelve (12) months. 12.04 Time lost solely because an explanation satisfactory employee is absent from work due to a sickness or an accident which is properly reported, shall be included as time worked for purposes of seniority credits up to a maximum of twelve (12) months. It is understood that the foregoing shall in no way restrict the right of 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 discipline an employee who is recalled absent without just cause. An employee's reinstatement after such leave will be conditional upon his supplying, if requested a certificate from a physician that he is fully recovered from the sickness or accident which caused his absence. The Company will pay for Doctor's Certificate(s), if requested by the Company, and a cost is incurred. 12.05 The Company agrees to work fails supply immediately following the signing of this Agreement, a seniority list showing the name and starting date of each employee. The Company further agrees to return within ten revise this list each six (106) calendar days months, or upon special request by the Union. A copy of mailing the list will be posted in the shop, a copy given to the Union. 12.06 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of notification this Agreement, he shall retain the seniority previously acquired. Where an employee serves in a supervisory or confidential capacity in excess of one year (unless they are serving in such capacity to return. Such mailing replace an employee on approved leave, in which case, the period 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) two years), 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 shall lose their address to the Human Resources Departmentbargaining unit seniority.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an employee A. Seniority shall be defined as the length of an employee’s continuous and uninterrupted service since in the last bargaining unit from the employee’s most recent date of hire with hire. Time spent on lay-off or unpaid leave of absence shall not accumulate as service time for seniority, but shall not constitute a break in continuous employment. 1. A newly hired employee shall be on a probationary status for six (6) months, taken from and including the Companyfirst (1st) day of employment. Seniority shall only be credited upon If at any time prior to the completion of a the six (6) month probationary period of the employee’s work performance is unsatisfactory, the employee may be dismissed by the Employer during this period without appeal by the Union. Probationary employees who are absent during the first (1st) 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 of employment shall work additional days equal to the extent expressly provided in this agreementnumber of days absent, and such employees shall not have completed their probationary periods until these additional days have been worked. 14.02 The B. After satisfactory completion of the probationary period, seniority of an employee and all matters pertaining to benefits shall be lost and his/her employment automatically terminated retroactive to date of hire. C. An employee will lose their seniority for any of the following reasons.: (a) he/she quits his/her employment1. The employee resigns; (b) he/she 2. The employee retires; (c) he/she 3. The employee is discharged for just cause cause, and such discharge is not reinstatedreversed through the Grievance Procedure; (d) he/she does not perform work 4. Excessive absence, which is defined as absence in excess of an employee’s paid leave days and for which no unpaid leave of absence is provided under the terms of this Agreement or by law; 5. Quit and/or abandonment, which is defined as a written or verbal statement, an act, conduct and/or behavior communicated to and/or observed by supervisory representatives or the Employer that indicate to the supervisory representative of the Employer that the employee has made a decision to relinquish his or her position of employment and discontinue working 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 Employer. An absence by an employee under any applicable legislation; (f) he/she is absent from work without permission for more than three two (32) consecutive working days unless workdays without the employee contacting his or her supervisor to report the reason for his or her absence shall be deemed an explanation satisfactory abandonment. D. An agreed to the Company is given seniority list shall be furnished to each employee covered by the employee; (g) if an employee overstays a vacation this Agreement on or leave of absence without securing the extension of such leave of absence about July 1st 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 returneach year. Such mailing list shall contain each employee’s name, date of hire, employee’s location and classification. Seniority in classification shall be by registered mail to as of date of entry into 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 Departmentclassification.

Appears in 1 contract

Sources: Collective Bargaining 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 ranking, seniority shall be determined by the alphabetical order of an employee’s last names. A change of last name shall not alter seniority status. 12.03 An employee shall be defined as length of uninterrupted service since the last date of hire loose 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 employmentif he voluntarily quits; (b) he/she retiresif he is discharged and not reinstated through the grievance procedure; (c) he/she is discharged for just cause and is not reinstatedIf 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 satisfactory days, without a valid reason; (e) if the employee has been laid off and fails to notify the Company is given by the employeeof his/her intention to accept recall within five (5) working days of being notified of recall without a valid reason, or fails to report for work within five (5) working days of notification without a valid reason or such longer period as mutually agree to. (f) if an employee overstays any Company approved leave of absence without a valid reason; (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 laid off and is not recalled to work fails to return within ten for a period extending beyond thirty-six (1036) calendar days of mailing of notification to return. Such mailing months. 12.04 It 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 the employee to provide written notification notify the Company, in writing, promptly of any changes change in their address and telephone number (listed or unlisted). If an employee fails to do so, the Human Resources DepartmentCompany will not be responsible for failure of any contact, notice or recall to reach such employee. The Plant Chairperson is to be notified if an employee fails to accept recall. 12.05 The Company agrees to post an up-to-date seniority list once every three (3) months. A copy of the seniority list will be provided for the Plant Chairperson. 12.06 An employee who is no longer able to perform the work in his classification, but is capable of performing other duties, any employee who has incurred a temporary or permanent partial disability, may by mutual agreement between the Company and the union, be assigned to or retained at an operation which he is capable of performing at the prevailing rate of pay of that position.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 14.01 (a) The rules of this Agreement respecting seniority rights are designed to give employees an equitable measure of an security based on their length of continuous service in the bargaining unit in which they are employed. (b) Seniority of each employee covered by this Agreement shall be 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 within any twelve (12) month period and four hundred and eighty-seven and one half shall count from date of employment. (487.5c) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only The word "seniority" as used in this Agreement shall mean the length of an employee's service with the Company measured from the employee's first day of work unless such employee's seniority is hereafter broken under the terms of this Article. 11.02 A seniority employee shall continue to the extent expressly accrue seniority except as otherwise 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 reasonsAgreement. (a) he/she quits his/Probationary employees shall not receive credit for time off due to absence or layoffs toward the ninety (90) days of employment required to acquire seniority. (b) During an employee's probationary period, the Employer reserves the exclusive right to layoff or discharge that probationary employee and such layoff or discharge shall not be subject to grievance by the employee or the Union unless the termination is in violation of the Human Rights Code. It is understood that it is not the intent of this provision to provide the employee with multiple forums for his or her employmentdispute. (c) In the event a probationary employee's performance is unsatisfactory the Company will make available to the Union, an evaluation of the employee’s performance, prior to layoff or discipline. 11.04 Seniority will be lost and employment will be terminated if an employee: (a) quits, resigns or retires; (b) Fails to report for work or fails to notify the Company for three (3) consecutive working days without supplying a reason satisfactory for such failure; he/she retires;will be assumed to have forfeited his/her seniority rights under this Agreement. (c) he/she With less than one (1) year of seniority is discharged for just cause laid off and is not reinstated; (d) he/she does not perform work for the Company recalled for a period of twelve (12) months or in the case of lay-off; an employee with one (e1) he/she does not perform work for the Company for a period or more years of seniority twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate months; (d) If the employee under any applicable legislationfails to report for work in accordance with a notice of recall, or within five (5) working days of registered mailing date of such notice, whichever is later, unless a satisfactory reason is given; (e) Is discharged and not reinstated pursuant to the provisions of the grievance and/or arbitration procedures contained herein; (f) he/she Overstays a leave of absence granted by the Company without notifying the Company. (g) Engages in gainful employment while on a leave of absence from the Company. 11.05 If two (2) or more employees are hired on the same day and they subsequently acquire seniority as herein provided, their names will appear on the seniority list in order of a randomly selected number. A member of the Shop Committee will be in attendance. 11.06 The appointment, selection or promotion of any employee to a position not subject to the provisions of this Agreement is absent from work without permission for more than not covered by this Agreement. If a seniority employee is appointed, selected or promoted to a position which is not subject to the provisions of this Agreement and is transferred back to a position within the bargaining unit within three (3) consecutive working days unless an explanation satisfactory months, such employee will return 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 bargaining unit with all of the seniority which that employee that had at the Company has in its files for that employee; (i) If an employee utilizes a leave time 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 appointment, selection or promotion. 11.07 The Company will maintain and post an updated plant-wide seniority list on a monthly basis. Such lists shall show employees' job classifications. Copies of such lists shall be provided that to the Plant Chairperson. The Company has met its obligations will supply the Plant Committee with the following information upon request: (a) employees who acquire seniority (b) employees by classification (c) employees transferred into or out of the bargaining unit (d) employees laid off or recalled (e) employees who have lost seniority (f) employees who are discharged 11.08 The Company will provide to accommodate the employee under any applicable legislation. Plant Chairperson on a quarterly basis, names, addresses and phone numbers on file of all employees. 11.09 It will shall be the responsibility of employees the employee to provide written notification notify the Company promptly in writing of any changes in their change of name, address to the Human Resources Departmentor phone number.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 18.01 Seniority shall be defined as length of uninterrupted service since continuous employment with the Company in the bargaining unit from his last date of hire with the Companyhire. Seniority shall be effective only be credited upon after the completion of a employee has his/her probationary period and shall be computed from the date of ninety (90) calendar days for full- his/her last hire. 18.02 Seniority shall be the governing factor in matters of demotion, layoff, reduction to part-time and four hundred rehire after layoff. 18.03 The Company will post vacancies and eighty-seven promotional opportunities. Employees who desire advancement to a higher position may advise the Company in writing. If an employee is not selected for the position, the Company will inform the employee of the reason, which will be arbitrary. 18.04 Seniority shall be considered broken, and one half the employee shall be considered terminated, if an employee: (487.51) hours worked is duly discharged by the Company; (2) if he/she voluntarily quits or resigns; (3) if he/she has been laid off continuously for a period of more than six (6) monthsmonths or length of service, 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 employmentis less; (b4) he/she retires; (c) if he/she is discharged for just cause called back to work after a lay off and is not reinstated; (d) he/she does not perform work for return within a week of such notification by 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 by registered letter to the Company is given by last known address of the employee; (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 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 completion of an authorized leave of absence; (6) is absent for three (3) consecutive days without notifying the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to of his/her job provided that absence; (7) fails to immediately inform the Company of the loss of a valid driver’s license; (8) is convicted of a crime which has met its obligations to accommodate not been pardoned including, for example crimes of dishonesty and violence at work; or (9) engages in gainful employment during any medical or other personal leave of absence unless the employee under any applicable legislationhas prior written approval from the Company. 18.05 The Company, when reducing hours of work, agrees it will not reduce the regular scheduled hours of the full-time employee for the purpose of replacing such hours with part-time and causal help. It However, it is understood and agreed that this does not prevent the Company from reducing the hours of a full-time employee to part-time when business needs require while continuing to retain part-time employees. 18.06 The Company agrees to provide the Union and the Shop Stewards with a current seniority list of employees every six (6) months. Any employee who believes there is an error regarding his/her seniority standing on the list shall submit his/her complaint through the grievance procedure within thirty (30) calendar days after the posting. If no complaint is made within such time period, the list, as initially published, will be deemed to be correct for all purposes. 18.07 If an employee becomes part of the responsibility management of employees Aviscar Inc. and then wishes to provide written notification of any changes in their address revert back to the Human Resources Departmentbargaining unit, within thirty (30) calendar days of the employee's appointment to management, said employee shall be returned to the bargaining unit with no loss of seniority or fringe benefits. 18.08 When an employee is promoted to a higher rated classification he/she will continue to receive the same wage rate he/she was receiving previously, provided his/her former wage rate is set out in the range of the new classification. If his/her previous wage rate is not set out in the range of the higher rated classification, then the employee's wage rate will be that of the next highest rate on the range for the new classification. After placement the employee will receive increases and move through the range of his/her new classification in accordance with the Collective Agreement.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an 8.01 An employee shall be defined as length of uninterrupted service since probationary until she has been employed by the last date of hire with the Company. Seniority shall only be credited upon the completion of Employer full-time for a probationary period of ninety (90) calendar days days. Probationary employees may be terminated by the Employer for full- time and four hundred and eighty-seven and one half (487.5) hours worked a lesser standard than just cause during or six (6) monthsat the end of the probationary period. However, whichever comes first, for part- time. Seniority rights will apply only the Employer may confirm an employee to regular status prior to the extent expressly provided in this agreementninety (90) days. 14.02 8.02 Subject to Article 9, upon completion of the probationary period, an employee will be placed on the seniority list with seniority effective from the date on which she commenced employment. 8.03 The Employer will maintain a seniority list showing for each employee her seniority date. An updated seniority list shall be sent to the Union and 8.04 In the case of lay-offs, recalls and promotions, an employee with greater seniority will be given preference provided she has the necessary qualifications to perform the work available. For purposes of this section, all locations shall be considered to be one unit. 8.05 No employee shall be lost and transferred or assigned to a position outside the bargaining unit without his/her consent. Employees assigned or transferred to a position outside the bargaining unit for more than sixty 8.06 An employee's employment automatically status will be terminated for any of the following reasons.: (a) he/she quits his/her employmentresignation; (b) he/she retiresdischarge; (c) he/she is discharged lay-off for just cause and is not reinstatedtwelve (12) consecutive months; (d) he/she does not perform work absence due to illness for the Company for a period of twelve (12) months in the case of lay-offconsecutive months; (e) he/she does not perform work for failure to return from an authorized leave of absence at the Company for a period expiration 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 legislationsuch leave; (f) he/she is absent from work without permission absence for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employeewithout a bona fide excuse; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation failure to return to work from lay-off within seventy-two (72) hours from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeetime notified; (h) if an employee who is recalled retirement. 8.07 Seniority shall continue to work fails to return within ten (10) calendar days accumulate only for the first month 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 Departmentlay-off.

Appears in 1 contract

Sources: Collective 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 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 The 12.01 An employee will be considered a probationary employee for the equivalent of the first three (3) months of work. During such period he will have no seniority rights, and the Company will not be obligated to consider any grievance relating to the termination of employment of such an employee. Upon completion of three (3) months of service the employee will have his seniority dated as of the date three (3) months previous. 12.02 Seniority as referred to in this Agreement will mean the length of service in the employ of the Company, and 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 on a probationary period of ninety (90) calendar days for full- time and four hundred and eightybranch-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 wide basis except for the Company for a period of twelve (12) months in the case purposes of lay-off; . Employees who transfer to full-time from part-time will be required to work one (e1) he/she does not perform work for calendar year in full-time in order to exercise their total seniority with the Company for a period the purposes of twenty-four (24) months for any other reason other than lay-off, provided that . 12.03 An employee shall lose his seniority standing:- a) If he quits his employment with the Company has met its obligations Company. b) If he is discharged and is not reinstated pursuant to accommodate the employee under any applicable legislation;provisions of Article 10. (fc) he/she If he is absent from work without permission leave for more than three (3) consecutive working days unless unless, in the opinion of the Company, there is reasonable justification for such absence. d) If he has been laid off and while he still retains his seniority he fails to report within five (5) days of notice to return to work. e) If he has been laid off for a continuous period of twelve (12) months. 12.04 Time lost solely because an explanation satisfactory employee is absent from work due to a sickness or an accident which is properly reported, shall be included as time worked for purposes of seniority credits up to a maximum of twelve (12) months. It is understood that the foregoing shall in no way restrict the right of 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 discipline an employee who is recalled absent without just cause or who is absent from work to work fails a degree which seriously interferes with operations. An employee's reinstatement after such leave will be conditional upon his supplying, if requested a certificate from a physician that he is fully recovered from the sickness or accident which caused his absence. The Company will pay for Doctor’s Certificate(s), if requested by the Company, and a cost is incurred. 12.05 The Company agrees to return within ten supply immediately following the signing of this Agreement, a seniority list showing the name and starting date of each employee. The Company further agrees to revise this list each six (106) calendar days months, or upon special request by the Union. A copy of mailing of notification to return. Such mailing shall the list will be by registered mail posted in the shop, a copy given to the last address of Union. 12.06 In the employee event that the Company has in its files for that employee; (i) If an employee utilizes covered by this Agreement should be promoted to a leave supervisory or confidential position beyond the scope of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after this Agreement, he shall retain the Company has been notified by a doctor seniority previously acquired and have added thereto the seniority accumulated while serving in such supervisory 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 Departmentconfidential capacity.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 12.01 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 worked. Seniority for full- time and four hundred and eighty-seven and one half (487.5) part timers shall be based on hours worked from their last date of hire. Temporary employees shall not accumulate seniority. When two or six (6) monthsmore employees commence work in the same seniority group work on the same day, whichever comes first, for part- timetheir relative seniority shall be based on a coin flip. Seniority rights will shall apply only to the extent expressly provided in this agreement. 14.02 12.02 The seniority of an employee shall be lost and his/his or 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; (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 layoff or for the Company for a period of twenty-four (24) months for any other reason other than lay-offreason, provided that the Company has met its subject to Human Rights Code obligations to accommodate the employee under any applicable legislationill or disabled employees; (fd) he/she is absent from work without permission authorization for more than three two (32) consecutive working days scheduled shifts unless an a satisfactory explanation satisfactory is given to the Company is given by the employee; (ge) if an employee overstays a vacation or leave of absence absence, without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager supervisor, unless an a satisfactory explanation satisfactory is given to the Company is given by the employee; (hf) 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 employeefiles; (ig) If 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 and telephone contact number to the Human Resources DepartmentCompany.

Appears in 1 contract

Sources: Collective Agreement

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 (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 agreementfrom date of hire. 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 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’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 by telegram 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 three (3) 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 of 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 In January and July of employees to provide written notification 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 11.01 The seniority parties recognize that job opportunity and security shall increase in proportion to length of an employee service. It is; therefore, agreed that in all cases of a vacancy, promotion, transfer, training, lay-off and recall after lay-off, senior employees shall be defined as length entitled to preference. In cases of uninterrupted service since transfer, the last date employee must agree to such transfer. 11.02 In recognition; however, of hire with the Company. responsibility of management for the efficient operation of the plant, it is understood and agreed that, in any case, referred to in section 11.01, management shall have the right to pass over any employee if it establishes that he does not have the ability and skill to perform the normal requirements of the job. 11.03 Seniority of each employee covered by this Agreement shall only be credited upon the completion of established after a probationary period of ninety seventy-five (9075) calendar working days for full- time at work and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timeshall count from date of employment. Seniority rights will apply only shall be maintained and accumulated during: 1) Absence due to the extent expressly a twelve (12) consecutive month lay-off or as provided in this agreementsection 11.04 (3). 14.02 The seniority 2) Authorized leave of an absence, sickness or accident. 11.04 An employee shall lose his seniority standing and his name shall be lost and his/her employment automatically terminated removed from all seniority lists for any of the following reasons: 1) If the employee voluntarily quits. (a2) he/she quits his/her employment; (b) he/she retires; (c) he/she If the employee is discharged for just and reasonable cause and is not reinstated;reinstated in accordance with the provisions of this Agreement. (d3) 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 five (5) days excluding Saturdays, Sundays and holidays after the Company he has been notified to do so by the Employer by registered mail to his last known address (a doctor or Workplace Safety and Insurance Board that copy of which notice shall be sent to the Union if requested). However, should the registered letter not be delivered in the ordinary course of mail through no fault of the employee, the five (5) days period will commence only after the employee is able to return to his/her job provided that has become aware of his recall. The employee must notify 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 Employer by registered mail of any changes in their address to address. 4) If the Human Resources Department.employee with less than five (5) years' seniority has been on lay-off for lack of work for a period of more than twelve (12)

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 The 8.1 An employee will be on probation and not acquire seniority until they have completed the 480960 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. 8.2 Seniority is calculated from the most recent date of hire with the Company. Seniority company as a full-time employee. 8.3 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 8.4 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. 8.5 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 Management 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 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 60 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 60 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 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 Company has met its obligations qualifications referred 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.paragraph

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 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 the Company 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 its files accordance with Article 20:04 for that employee;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). (i) If Permanent Seniority List - A new employee shall be listed by name and seniority date, on the seniority list and shall henceforth be considered a permanent employee with all of the rights and obligations of this Agreement. (ii) New employees hired on the same day will have their Seniority ranked on the seniority list by means of a lottery. At least one union officer will be present for the process. 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 utilizes is or has been promoted to any such position and is, within two (2) years, returned to a leave of absence for purposes other than those for which it was granted; (j) position within the bargaining unit, he/she fails to return to work immediately after shall be credited with the Company has been notified by a doctor or Workplace Safety and Insurance Board that seniority attained at the employee is able to return to time of his/her job provided that promotion but shall not accumulate further seniority during the Company has met its obligations period outside the bargaining unit and upon his/her return he/she shall be placed in a position consistent with his/her qualifications and seniority. The provisions of Article 11:09 will also apply to accommodate the employee under any applicable legislation. It will be the responsibility of employees this Article. (a) The Employer agrees to provide written notification of any changes in their address provide, to the Human Resources DepartmentUnion, in duplicate, plus one copy to each location, an accurate Seniority List by the 15th day of April and the 15th day of October of each year to include, employee name, job classification and seniority date and regularly scheduled hours of work per week. Disagreement regarding the Seniority List must be raised by April 30th and October 31st of each year or the list shall be deemed to be accurate.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 10.01 The Company shall at six (6) month intervals provide the Union with an up-to-date list of all employees covered by the Collective Agreement showing the Company seniority of an employee each employee. The Company shall post a copy of this list by the time clock or in a conspicuous place in all operating locations covered by this agreement. 10.02 All employees hired shall 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 first ninety (90) calendar days after hiring, during this period seniority will not be applicable. Upon successful completion of the probationary period the employee shall be granted seniority effective from the first day of the probationary period. 10.03 An employee re-entering the employ of the Company after his recall period has expired shall not be subject to another probationary period. 10.04 In cases of lay-off and recall the Company shall recognize seniority provided that the senior employee has relatively equal skills and qualifications. 10.05 A laid-off employee shall retain his seniority with the Company for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, months if he has less than one (1) year seniority and 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 if he has at least one (1) year seniority. If a laid-off employee is recalled within the recall period, there shall be deemed to have been no break in his continuous service with the case Company by reason of such lay-off;. (e) he/she does not perform 10.06 If a laid-off employee is called back to work with the Company within his recall period, there shall be deemed to have been no break in such an employee's continuous service with the Company by reason of such lay off. Where the employee fails to accept the call back to work for the Company an opportunity that is anticipated to last 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 or longer, he shall be terminated. 10.07 The Company shall contact laid-off employees at the telephone numbers supplied 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 shall be the responsibility of employees the employee to provide written notification keep the Company and the Union informed of any changes in their his current address to the Human Resources Departmentand telephone numbers while laid off.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority 10.1 Seniority of an a new employee shall be defined as length commenced after the employee has completed his probation period of uninterrupted service since 2,080 work hours 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 2,080 work hours probationary period may be extended for 480 work hours by mutual agreement between the Union and the Sheriff. An employee’s absence from work for any of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) the 2,080 work hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to shall have his/her probationary period extended until he/she works the extent expressly provided in this agreement2,080 work hours. 14.02 The seniority of 10.2 - 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) heHe/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 recall procedure. (9) 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 from a duty-related sick leave as described in their address to the Human Resources Department.Article

Appears in 1 contract

Sources: Collective Bargaining 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 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 ‌ 11.01 The seniority of an employee shall be defined as length of uninterrupted service since parties agree with reference to probationary employees, that; (a) All employees, until they have been employed by the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of Company for ninety (90) calendar days for full- time days, shall be probationary employees. (b) During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthshave been retained by the Company at the expiration thereof, whichever comes first, for part- time. Seniority rights will apply only shall be credited with seniority back to the extent expressly provided in this agreementdate of last hire. 14.02 The seniority of (c) Under no circumstances will an employee be required to serve a second probationary period. 11.02 Seniority shall mean the length of continuous employment in the bargaining unit with the Company during which seniority is not broken under the provisions of this Agreement. 11.03 Within thirty (30) calendar days of ratification and in January of each year thereafter (or semi- annually if requested by the Union), the seniority list, including the employees' seniority, service date and employment status (full-time or part-time) shall be lost posted and his/her a copy mailed to the Union. 11.04 An employee shall lose his seniority and/or his employment automatically terminated for any of 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 voluntarily; (c) if he is laid off for a period in excess of twelve (12) months in consecutive months; (d) if, following layoff, he fails to return to work within seven (7) calendar days after receiving notice to do so; The employee shall be deemed to have received notice to return to work if the case Company sends him such notice by registered mail or priority post. The employee shall keep the Company informed of lay-offhis current address; (e) he/she does not perform work for the Company for if, an employee exceeds without authorization a period granted 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 does not report to work without permission for more than three (3) consecutive regularly scheduled working days unless an explanation satisfactory and fails to notify the Company is given by the employee;Supervisor of his or her absence. (ga) if an A part-time employee overstays cannot use seniority for the purpose of displacing 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 full-time employee;. (hb) if an A part-time 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 becomes a full-time 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 given full-time credit of employees fifty percent (50%) of his part-time seniority up to provide written notification a maximum of any changes in their address to the Human Resources Departmentone (1) year of credit.

Appears in 1 contract

Sources: Collective Bargaining 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 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 9.01 Seniority shall mean the length of continuous service of an employee shall be defined as length of uninterrupted service since with the Company from the employee's last date of hire hire, whether or not before the execution of this Agreement and the certification of the Union, and the Union and employees will have four weeks subsequent to the execution of this Agreement to notify the Company in writing with respect to any dispute concerning the Company. Seniority seniority of the employees as indicated on a seniority list which shall only be credited posted by the Company on the warehouse bulletin board immediately after such execution. 9.02 A probationary employee shall, upon satisfactorily completing the completion of a probationary period as provided in Article 1.05(a), be placed on the seniority list and will then commence to have seniority under this Agreement and such seniority shall date from the employee's last date 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. hire. 9.03 Seniority rights will apply as created in this Agreement exist only to the extent expressly provided in this agreementas stated herein. 14.02 The 9.04 An employee will lose his seniority of an employee and his employment with the Company shall be lost and his/her employment automatically terminated terminate for any of the following reasons.: (a) he/she if he voluntarily quits his/her employment; (b) he/she or retires; (b) if he is discharged and such discharge is not reversed through the grievance or arbitration procedures; c) he/she if he is discharged laid off and fails to return to work within five days after he has been notified to do so by registered mail to his last known address unless reasonable cause is established for just the failure to return to work and the employee has made every reasonable effort to notify the Company of the failure and the reasonable cause and is not reinstatedtherefore; (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 he overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from unless reasonable cause is established for the Sales Manager or Human Resources Manager unless an explanation satisfactory overstaying and the employee has made every effort to notify the Company is given by of the employeeoverstaying and the reasonable cause therefore; (he) if an employee who he absents himself from work for a period of three consecutive working days or more unless reasonable cause 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 established for the last address of the employee that the Company has in its files for that employeeabsence; (if) If an employee utilizes a leave if he is on layoff for 15 consecutive months; and g) if he reaches the age of absence for purposes other than those for which it was granted;65. (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. 9.05 It will be the responsibility duty of employees each employee to provide written notification notify the Company promptly in writing of any changes in their address change of his address. If an employee shall fail to do this, the Human Resources DepartmentCompany shall not be responsible for the failure of any notice to reach such employee unless such failure is caused by circumstances beyond the control of the employee. Employees eligible for recall from layoff shall be notified by registered mail.

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 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 (a) Seniority of an employee shall be defined as length of uninterrupted service continuous employment since the last date of hire with the CompanyCompany in the Bargaining Unit. Seniority shall only be credited upon the completion of a the 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- timeperiod. Seniority rights will apply only to the extent expressly provided in this agreement. Separate seniority lists shall be kept for regular full-time employees and part-time employees. 14.02 (b) Any non-bargaining unit employee who enters the bargaining unit shall accumulate seniority from the date of entry. Should a bargaining unit employee leave the bargaining unit and remain employed in the Company in any capacity and subsequently return to the bargaining unit, such employee will return with seniority based on her actual time in the bargaining unit. (c) Within thirty (30) calendar days of ratification and in January and July of each year thereafter, the seniority list, including the employee’s seniority, service date and employee status (full-time or part-time) shall be posted and a copy mailed to the Union. (d) In the event two (2) or more employees are hired on the same date their placement on the seniority list, following the probationary period, shall be determined by the luck of a draw conducted by the parties. 12.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she he quits his/her his employment; (b) he/she he retires; (c) he/she he is discharged for just cause and such discharge is not reinstatedreversed through the grievance or arbitration procedure; (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 does not perform work layoff or for the Company for a period of twenty-four (24) months for any other reason unless that reason is in violation of the British Columbia Human Rights Code or any other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;. The Company agrees to indemnify the Union with respect to any complaint or grievance if the Union is found in violation of the Code or applicable legislation as a result of this clause. (fe) he/she he is absent from work without permission for more than three two (32) consecutive working days days, unless an explanation satisfactory to the Company is given by the employee; (gf) if an employee he 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 Store Manager unless an explanation satisfactory to the Company is given by the employee; (hg) if an employee who he is recalled to work work, but fails to return within ten (10) calendar days of the mailing of notification to returnreturn unless the failure to return were for reasons completely beyond the control of the employee. 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 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 his job provided that and all appeal procedures related to the Company has met its obligations to accommodate employee’s claim have been exhausted. (j) In the case of a part-time employee where the employee under any applicable legislation. It will be has not been scheduled to work for more than three (3) months or where the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentemployee has not accepted work for more than one (1) month.

Appears in 1 contract

Sources: Collective 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 10.01 The term "seniority" as used herein, shall mean accumulated service calculated from the full-time employee's original hiring date, as described in Clause 9.01. 10.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length of uninterrupted service since the last date of hire determined by alphabetical order. 10.03 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 employmentIf he voluntarily quits; (b) he/she retiresIf he is discharged, and not reinstated through the grievance procedure; (c) he/she If he is discharged for just cause and is not reinstatedretired, 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. e) If an employee has been laid off due to lack of work, and does not return to work within three (3) working days unless an explanation satisfactory after being contacted personally to report for duty. When the employee cannot be contacted, the Company will notify the employee by registered mail or courier to his last known address, and he will be allowed no more than five (5) working days from the registration date of such notification, or from the date upon which a courier delivered the notification to the Company is given by last known address of the employee, to report for duty. A copy of the registered notification, together with the registered mail receipt or the courier receipt will be provided for the plant chairperson at the time of mailing or delivery to the courier; (gf) if If an employee overstays a vacation or Company approved leave of absence without securing the receiving an extension in writing of such leave of absence or vacation from the Sales Manager or Human Resources Manager absence, unless an explanation satisfactory he has valid reason acceptable to the Company is given by the employeeCompany; (g) If he accepts gainful employment while on a leave of absence without first obtaining the consent, in writing, of the Company; h) Subject to the provisions of WSIB if an employee who is recalled to absent from work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail for any reason for a continuous period equal to the last address lesser of, the length of his seniority at the time of the employee that the Company has in its files for that employeecommencement of such absence, or one (1) year; (i) If an employee utilizes a is absent because of non-occupational sickness or injury he will continue to have seniority rights equal to his seniority from the beginning of such leave up to maximum of absence for purposes other than those for which it was granted;one (1) year. (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. 10.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company in writing promptly of any changes change in their address and phone number. If an employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee. 10.05 Employees who are or have been appointed or selected for a supervisory position, or for any position not subject to the Human Resources Departmentprovisions of this Agreement, will not be covered by the provision of this Agreement. An employee who transfers to a job outside the bargaining unit will lose all rights to return to the bargaining unit. 10.06 The Company will post a plant seniority list on the main bulletin board. This list will be revised every six (6) months. At the time the plant list is revised a copy of the list will be given to the plant chairperson.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 20.01 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 the original date of hire and shall be applied on a bargaining unit-wide basis. 20.02 An employee shall lose his or her seniority in the following circumstances: a) if he or she 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 employmentEmployer; (b) he/she retires; (c) he/that he or she is discharged for just cause and is not reinstatedreinstated through the grievance or arbitration procedures; (dc) he/that he or she does not perform is off work because of lay-off, accident or illness for the Company for a period of twelve (12) months in or the case length of the employee’s seniority, whichever is shorter; d) fails to notify the Employer within two (2) working days that he or she 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 Employer by registered mail to report for work following lay-off;off unless a reason satisfactory to the Employer is given. (e20.03 An employee shall accumulate seniority under any of the following conditions: a) he/she does not perform when actually at work for the Company Employer; b) when absent on vacation with pay, on plant holidays, approved leave of absence in accordance with Article 11 (up to three (3) months of absence); c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workers’ Compensation Board Act for a period of twenty-four up to twelve (2412) 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) 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 20.04 An employee who is recalled does not qualify to work fails accumulate seniority under Article 19.03 shall maintain his or her existing seniority, unless and until he or she loses same pursuant to return within ten (10) calendar days of mailing of notification to return. Such mailing Article 19.02. 20.05 Employees shall be by registered mail required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address of the employee that the Company has in its files for that employee; (i) If and telephone number furnished to it by an employee utilizes for all purposes. 20.06 Seniority lists shall be revised and posted in the workplace every six (6) months and a leave copy sent to the Union. 20.07 In the event of absence layoffs and for purposes other than the purpose of recalling those for which it was granted; (j) he/she fails to return to work immediately after the Company has who have been notified by a doctor or Workplace Safety and Insurance Board that laid off, seniority shall govern as long as the employee is able to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It available work with a reasonable period of instruction. 20.08 Employees returning from leave as spelled out in Article 11 or Article 19.03b) will be returned to their former shift and former duties within two (2) days of returning to work or within one (1) week if absent or leave was more than five (5) working days. 20.09 In the responsibility event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of employees the Agreement, as defined in Article 1 – Recognition, he or she shall retain his accumulated seniority for a one (1) year period from the date of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee’s name shall be considered deleted form the seniority list, except for the purposes of vacation pay percentages. 20.10 For the purpose of job postings and layoffs, the parties agree that in this Agreement the company shall have the right to provide written notification treat each of any changes in their address to the Human Resources Departmentits separate clients as an individual bargaining unit.

Appears in 1 contract

Sources: Collective Agreement

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