Common use of SENIORITY Clause in Contracts

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. 19.01 Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered defined as probationary until they have worked thirty (30) days within a six-month period. Seniority the total accumulated hours of new employees shall be established at the end of this period and shall be effective service calculated from the date the employee last entered the service of employment.the Employer, to a maximum total of one thousand nine hundred and fifty (1950) hours in one fiscal year. For the sole purpose of calculation of seniority pursuant to this Article 19.01, total accumulated hours of service shall include all paid hours of service and shall also include: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required unpaid leaves of absence due to the completion of seasonal operationsmaternity leave and parental leave, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer (up to a job for which they are qualifiedmaximum of two thousand nine hundred twenty-five (2925) hours of service, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by prorated on the Company, of their desire to transfer or to be laid off. The Company will provide Part-Time employee’s actual hours worked in the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs.immediate preceding fiscal year); (b) The Companyextended illness or injury (covered by sick benefits or other insurance), when filling vacanciesUnion leave, will do so from within the bargaining unit in accordance with Article XII. Notice Workers Compensation or injuries covered by Manitoba Public Insurance, (up to a maximum of impending vacancies will one thousand nine-hundred and fifty (1950) accumulated hours of service, to be posted prorated on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee Part-Time employee's actual hours worked in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.immediate preceding fiscal year); and (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a any other approved unpaid leave of absence up to a maximum of four hundred and fifty (450) accumulated hours of service, to be prorated on the Part-Time employee’s actual hours worked in the immediately preceding fiscal year. For those employees who have not exceeding thirty worked during the immediately preceding fiscal year, the proration will be based on the average of actual hours worked in the four (304) work days, week period immediately preceding the end of the current fiscal year. 19.02 An employee shall be classified as a temporary vacancy lose their seniority and their employment shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating cease for any one or more of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing.following reasons: (a) An employee's seniority shall the employee resigns or is discharged by the Employer and is not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.reinstated through the grievance and/or arbitration articles of this Agreement; or (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report laid off for work following recall as provided a period in Section 12.05 excess of this Agreement, if twelve (12) continuous months; or (c) the employee fails to return from leave to work on recall within fourteen (14) calendar days of absence a registered letter being sent to their latest recorded address on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, file with the exception that continuity Employer or within seven (7) calendar days of service will extend up to, but not more than twenty-four (24) months if requested in writing by direct contact with a management representative of the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which Employer unless the employee is transferred. In case of not able to report for work due to an illness or injury substantiated by a temporary change medical certificate or another explanation acceptable to a lower job classification, the Employer; or (d) the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence absent from the Company. The employee will go back work without an explanation acceptable to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last Employer for a period of three (3) months or more. It more consecutive working days; or (e) the employee fails to return to work on the day specified in accordance with an approved leave of absence, including vacation or suspension, unless the employee is understood this does not apply able to seasonal lay- offsreport for work due to an illness or injury substantiated by a medical certificate or another explanation acceptable to the Employer; or (f) the employee is no longer legally entitled to continue working in their position due to a change in the status of the employee’s work permit or study permit.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Bargaining Agreement

SENIORITY. It is understood 10.01 The net credited service date as shown on Company records and agreed that where article XII is in conflict with Appendix B of as posted on the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority lists establishes an employee's seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company agrees that existing rules for determining net credited service, as described in Company practices, will provide not be changed during the Union Grievance Committee, prior life of this Agreement in a manner that will diminish the net credited service of any employee. 10.02 All employees covered by this Agreement whose Tier D managers report to the intended layoff, with same Tier C manager shall comprise a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application unit. 10.03 The exercise of seniority shall be within a seniority unit except as otherwise specifically provided in this Agreement. If two or more employees have the same seniority, the one occupying his present position the 10.04 The Company will prepare and make available on seasonal layoffs. (bthe appropriate Company intranet site(s), on February 1 and August 1, lists showing the seniority of employees within each seniority unit, and their headquarters. The link(s) The Company, when filling vacancies, will do so from within giving access to the bargaining unit in accordance with Article XII. Notice of impending vacancies intranet site(s) will be posted on the camp appropriate Company bulletin board for at least five (5) working daysboards. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a One copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, list(s) will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writinglocal Union office. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 10.05 The Company agrees to submit to advise the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇ concerned where an employee is hired, retired on pension, permanently transferred, temporarily transferred, or assigned to a job location, for five days or more, reclassified, reassigned, or promoted to a management position. Such advice as well as the employment status of the employee, his occupation and reporting centre will be given to the ▇▇▇▇▇▇▇ (Tree Length Skidding) shall applyin writing at the time the employee is informed, or immediately thereafter. The Company further agrees to advise, in the rate same manner, the ▇▇▇▇▇▇▇ concerned of the job classificationan employee's death, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority resignation or leave of absence for a period not exceeding one (1) year30 days. (b) An employee who has accrued seniority 10.06 The Company agrees to supply bi-monthly, to designated Local Officers of the Union, the surname and is employed by Local 324 shall be granted Leave first name on Company records, employment status, occupation, and reporting centre, of Absence from all employees, as well as the names of the Tier D, Tier C and Tier B managers and the organization code of the Tier D manager of each employee, within a district or equivalent operating unit of the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee A. A newly hired Employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsprobationary status for sixty (60) work days beginning with the Employee's first paid day. When layoffs are required due If at any time prior to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04sixty (60) work day probationary period, the employee advises Employee's work performance is unsatisfactory, she/he may be dismissed by the Company, prior Employer and shall not have the right to the effective date of grievance procedure or arbitration. Probationary Employees who are absent during the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one first (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (560) work days in which to qualify, shall remain on probation until he/she completes sixty (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs60) actual work days. All postingsnewly hired Employees, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work daysexcept in Division IV, shall be classified as placed on the start step of the appropriate salary schedule. In no event except in Division IV, shall a temporary vacancy and newly hired Employee begin on a higher step than start on the appropriate salary schedule. Upon satisfactory completion of the probationary period, the Employee's seniority date shall be filled according retroactive to the provisions of Section 12.03(b) date the Employee completed, signed and submitted the job posting MEA membership forms. An Employee will note that it is of a temporary nature. The unit of application of lose or have his/her seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created date adjusted for the ▇▇▇▇▇ to roadside workforcefollowing reasons: 1. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobHe/she resigns. 12.04 In case of layoff which 2. He/she is to exceed two (2) working days, discharged for just cause and not reinstated through the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godgrievance procedure. 12.05 When the approximate time of recall is known 3. He/she retires. 4. He/she transfers to another Division. Seniority will again be adjusted if an Employee transfers out or returns to their original Division at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingsuperintendent’s discretion. (a) B. An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails agreed to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to maintained by the Union office showing Human Resources Dept. on the District Intranet. Such list shall contain the date of hire, seniority date and postingclassification seniority date, and any adjustments made. C. There shall be separate seniority rosters for each Division (See Article 2‐A) (Recognition/position held Divisions) of each employee Employees which shall be maintained by the District, and which shall not be interchangeable. D. Seniority shall be defined as continuous service within a Division (See Article 2‐A) from the first paid day as a Bargaining Unit Employee within the Brighton Area Schools. E. In the event two or more bargaining unit members have the same seniority date, the last four (4) digits of their social security numbers, beginning with the Companyhighest number first, shall determine their ranking on the seniority list. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 5 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of Bus drivers shall be allowed the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle practice of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period1. Seniority of new employees drivers shall be established at recognized starting with the end first date of this period and continuous employment. Seniority shall be effective from the date broken by unapproved absences extending more than three days or by termination of employment. (a) Seniority 2. A seniority list shall be maintained by the Transportation Department office staff. Order of seniority shall be as determined and in existence on February 2, 1970. Thereafter, it will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective determined by date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offemployment (actual hire). The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for If more than one (1) week, otherwise person is hired on the district same date then seniority date will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards determined by the Company for a period of five (5) working days prior to any appointment to such jobs, stating date that the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the campCDL license was obtained. In the event that a vacancy is not filled from within CDL license was obtained on the camp unit it shall be filled on an area basis. When regular operators are not availablesame date, spare operators alphabetical order of last name will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobprevail. 12.04 In case of layoff which is to exceed two (2) working days, 3. Drivers must pass the Company will notify, in writing, the employees intended physical examination to be laid offeligible to bid on runs. If a driver is on sick leave, at least two (2) working days in advanceor Board-approved leave, he/she will be allowed to bid on a run with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions letter from his or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When her personal physician, stating the approximate time of recall is known at the time of layoff, employees leaving camp his or her return to duty. Said run will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of ninety (90) calendar days from the opening of school. If the driver cannot return in that time, the run will be posted. The driver will not lose his or her seniority standing, but will have to bid on any available run on his or her return to work. The driver is entitled to request extension of the 90 days in extenuating circumstances. Such cases will be reviewed by the Human Resources office. 4. Runs will be posted within a designated location in the Transportation Department. A date and time will be set by the Director of Transportation for such posting at which time bids will be accepted as follows: Each bus driver notified of rehire during the summer shall have one route bid prior to the start of the school year, providing they have the seniority and availability. If a bus driver misses such date of bid, his or her seniority shall apply only to remaining open runs. Bus drivers should notify the Transportation Offices in advance, whenever possible, of their availability and desire for bidding, to assist the administration and other drivers in maintaining efficient operations. The assigned route bid will be maintained as the bus driver’s work schedule unless circumstances change. A change in circumstances, as related to modification of a route, is defined as what is in the best interest and in accordance with the needs of the district. Modification cannot result in a loss of hours to the driver who bid on the modified route. Modification cannot be made to the route due to the change of personal circumstances of the driver. 5. A driver may bid on any number of route openings as long as the driver benefits financially. A driver may have any number of route bids for any reason, subject to the approval of the Director of Transportation. 6. Drivers that have signed up for after school activities shall receive the same number of guaranteed cover sheet hours that the regular driver receives for the same activity run. 7. New routes, or newly opened routes due to a driver moving from one route to another, will be posted for three (3) months or moredays before filling permanently. It The date and time that the route is understood this does posted shall be written on the route cover sheet in plain view of all drivers. In emergencies each new route will be filled temporarily subject to seniority bid. 8. Drivers on extended sick leave, as defined in Article 19, are not apply eligible to seasonal lay- offsbid on posted runs after the original route bid date at the beginning of the school year.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Bus Driver Agreement

SENIORITY. It is understood (a) In cases where performance, ability, and agreed that where article XII is qualifications are approximately equal, seniority shall be the deciding factor when decisions are made with regard to filling a posted position. The Director/Manager responsible for the posted position shall meet with all internal applicants in conflict with Appendix B person or by telephone prior to a decision being made. (b) Seniority shall not be considered in the assignment of work to casual hourly- rated nurses, or to full-time or part-time employees who ask to be considered for casual or temporary assignments, such as a leave replacement. (c) In the Collective Agreement, in whole or in partevent of a proposed layoff of any employee, the terms and conditions as set out in Appendix B Employer will supersede same 12.01 The Company recognizes give the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked Union thirty (30) days within a six-month periodcalendar days’ notice. Seniority At the meeting where notice to the Union is given, the Employer will provide the reasons causing the layoff, the expected duration of new the layoff, and the names of the employees affected by the layoff. The notice of layoff to the employee shall be established at in accordance with the end Employment Standards Act. A copy of this period the notice to the affected employees will be sent to the President of the Bargaining Unit and to the Labour Relations Officer. Layoffs shall be effective from made on the date basis of employmentthe seniority list provided that nurses who are entitled to remain on the basis of seniority are qualified to do the work which is available. Nurses will be recalled in the reverse order to which they were laid off, provided, however, they are qualified to do the work in the job openings then available. 5.2 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions with another Public Body, the Employer will use its best efforts to ensure retention of all seniority rights of its employees with the successor employer. (a) Seniority will be applied on a Company wide basis in recallsFor all provisions of this Agreement, promotions, transfers seniority shall commence and accumulate from camp to camp and layoffs. When layoffs are required due to the completion nurse’s last date of seasonal operationshire by the Employer, or a part thereofthe former employers, each Middlesex County Health Unit or London Department of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsHealth. (b) A seniority list showing each nurse’s name and professional category shall be posted by February l of each year. At the time of posting, a copy shall also be forwarded to the Bargaining Unit President or his/her designate. The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XIIseniority list may include probationary employees for information purposes only. Notice of impending vacancies Seniority for full-time nurses will be posted on the camp bulletin board from date of hire and seniority for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs part-time nurses and casual hourly-rated nurses will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants appear on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicanthours paid. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, nurse’s full seniority and service shall be classified as a temporary vacancy and shall be filled according to retained by the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In nurse in the event that a vacancy the nurse is not filled transferred from within full-time to part-time or casual hourly-rated and the camp unit it nurse shall receive credit for his/her full seniority and service on the basis of fifteen hundred (1500) hours service. A nurse whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full- time, as may be the case, shall receive credit for his/her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known pro rated at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingtransfer. (ad) An employee's A newly employed nurse shall be considered a probationary nurse until the nurse has completed four hundred fifty-five (455) hours of work, after which his/her name shall be placed on the seniority list, and his/her seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return date from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offhis/her employment. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Sources: Collective Agreement, Memorandum of Agreement, Memorandum of Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B Section 1. The Company shall maintain a seniority list for all bargaining unit employees. The Company shall also maintain a local list for each facility covered hereunder. A copy of the Collective Agreement, in whole or in part, seniority list shall be provided to the terms and conditions as set out in Appendix B will supersede sameUnion upon request. 12.01 The Company recognizes the principle of senioritySection 2. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty by Craft (30meaning the period of time the employee was covered by this labor agreement) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective accrue from the date of employmententering the Craft. The classifications to be recognized for seniority purposes shall be those listed in Article 6 of this Agreement. Section 3. Employees with ninety (a90) Seniority will calendar days or less of employment shall be applied regarded as probationary and there shall be no responsibility on a the part of the Company wide basis to reemploy them in recalls, promotions, transfers from camp to camp the event they are discharged or laid off during this period. Probationary employees may be terminated “at will” and layoffs. When layoffs are required due without recourse to the completion grievance procedure. This period may be extended by the Company for an additional period of seasonal operations, or forty-five (45) days by giving notice to the Union and the employee within the original probationary period together with a part thereof, each of non-arbitrary reason for the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04extension. If retained past the probationary period, the employee advises names of such employees shall be placed on the Company, prior to seniority list in the effective order of their date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offhire. The Company will provide the Union Union’s Grievance Committee, prior Committee of the names of new hires within ten (10) days after their first day of employment. Section 4. Seniority lists by Craft/Class shall be furnished to the intended layoffLocal Grievance Committee and the District 141 Assistant General Chair and shall be posted in each facility January 1st of each year and shall be revised each six (6) months thereafter. Such lists shall be subject to correction upon protest for a period of thirty (30) days; if no complaint is made within thirty (30) days after posting, the list as published will be assumed to be correct and no changes will be made except under extraordinary circumstances. In preparing seniority lists when it is impossible to determine the proper order by date of entering the Craft/Class or by length of service with a list the Company, then the names shall be listed in numerical order using the last four digits of jobs filled by employees the social security number with less seniority than those employees given noticethe lower number being senior. Section 5. It is understood Seniority, employees’ rights and agreed that when layoffs are occasioned all benefits under this contract and employment status shall terminate and be lost by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts employee for more than one the following reasons: (1a) week, otherwise If the district will be the unit of application of seniority on seasonal layoffs.employee voluntarily quits; (b) The Company, when filling vacancies, will do so from within If the bargaining unit employee is properly discharged in accordance with Article XII. Notice of impending vacancies will be posted to this agreement; (c) If the employee fails on the camp bulletin board recall from layoff to report for at least five work within three (53) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards following notification by the Company to report to work by any verifiable means; (d) Continuous layoff for a period of five eighteen (518) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (months or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherless; (e) If an employee accepts other employment while absent on disability, workers' compensation or other leave of absence; (f) Incapacitation from working because of illness or injury up to the employee’s length of service or eighteen (18) months, subject to applicable law. (a) Section 6. An employee who has accrued on injury, leave, or layoff, will continue to retain and accrue Craft seniority and is then employed by during the Union shall retain such accrued seniority for a period not exceeding one first eighteen (118) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave months of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 21.1 Seniority groups shall be established in accordance with Article 22. A seniority list of all employees in each seniority group, showing employee number, name, seniority date, location, position occupied and S.E.S. Group level, shall be posted in locations accessible to those affected. The date of entry into the Company's service will also be included if different than the seniority date. The date of promotion will also be included where applicable. 21.2 Seniority lists shall be updated and posted at the headquarters locations of all employees concerned, on or before May 1 of each year. A copy of said list shall also be furnished to the President and Local Chairperson. The President shall also be advised with respect to the names of individuals removed from a seniority list since the previous posting. 21.3 Seniority lists shall be open for correction for a period of sixty calendar days on presentation in writing of proof of error by the employee or his/her representative to the employee's immediate supervisor. 21.4 Except by mutual agreement, seniority standing shall not be changed after becoming established by being posted for sixty calendar days following date of issue without written protest. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new an employee shall be considered not lose seniority as probationary until they have worked thirty (30) days within a six-month period. Seniority result of new employees shall be established at the end of this period and shall be effective being removed from the date of employmenta seniority list improperly or through an administrative error or lose or gain seniority through an administrative error. (a) Seniority A new employee shall be on probation and not be regarded as permanently employed until he/she has completed 120 days of cumulative compensated service and, if retained, shall then rank on the seniority list from the date first employed in a position covered by this agreement. In the meantime, unless removed for cause, which in the opinion of the Company renders the employee undesirable for service, s/he shall be regarded as coming within the terms of the agreement. The parties may extend the 120 day period, subject to mutual agreement (b) In circumstances where the Company hires students to provide for additional vacation allotment during peak vacation periods, students so hired will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due subject to the completion following conditions: (i) Students will receive training required to perform only a limited number of seasonal operationsfunctions and will be assigned to vacancies accordingly, or a part thereof, each notwithstanding the provisions of Article 23.1 (c) of the Collective Agreement. (ii) Students shall not accumulate seniority or cumulative compensated service. (iii) Students shall not be entitled to benefits, nor shall they become members of the pension plan. (iv) Students shall be paid for all service performed at 85% of the job rate of the position assigned. (v) Students shall not have the ability to apply to bulletined positions and shall not be given preference for permanent employment should their student status change and they apply for a position within the Company at a later date. (vi) In order to be considered as a student, proof of registration in a recognized institution shall be required to be produced upon request. 21.6 Seniority of employees so affected will shall be permitted confined to exercise the respective seniority group in which employed. An employee may, however, in case of ill health be transferred from one seniority group to another without loss of seniority as may be mutually agreed. (See Appendix A-6 with respect to special arrangements for physically disabled employees.) (a) Employees transferring from one roster to another as a result of being the successful applicant on either a temporary or permanent bulletin shall take their seniority and transfer to with them. Upon expiration of a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04temporary bulletined assignment, the employee advises the Company, prior must revert to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, his/her permanent position with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsfull seniority. (b) The Company, when filling vacancies, will do so from within the bargaining unit Except as otherwise provided in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5Clause 21.7(a) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee accepting a transfer to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority position on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A another seniority list shall be prepared and posted monthly lose his/her seniority rights unless service is not required in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leavevacated. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 10.1 In determining an employee’s length of the Collective Agreementservice for seniority purposes, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle computation of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee such service shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective begin from the date of employmenton which the employee began work in the Department except as provided in Article 10.3 below. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for 10.2 If more than one (1) weekemployee commenced employment on the same day, otherwise seniority shall be determined by the district registration number given to the employee at the time he/she commenced employment with the lower number being the more senior. 10.3 Former employees reentering the service of the Department after their continuity of service has been broken for any reason (emergency service in Her Majesty’s Armed Forces and lay off being excepted) shall be considered as new employees, and their length of service for seniority purposes shall commence as of the date they last reentered the service of the Department. In cases of lay off, service for benefits purposes will not accrue, but will be deemed to be continuous with employment before the commencement of that leave. 10.4 Rights seniority within the Academy of Fire and Emergency Services, Fire Prevention Branch, and Public Education Branch relating to such aspects as promotion, will be determined by the employee’s commencement date within the Branch. In the case of broken service with the Branch, the most recent commencement date will be the unit basis for the calculation of application of seniority on seasonal layoffsseniority. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. 10.5 In the event that a vacancy an employee transfers or is not filled promoted from the Operations Branch to the Emergency Mechanical Services Branch or vice versa, seniority will apply as follows: a) Benefits Seniority (relating to such conditions of employment as vacation accrual amount of sick leave and other such employee benefits) will continue to be based upon Departmental seniority. b) Rights Seniority (relating to such aspects as promotion within the camp unit it shall be filled on an area basis. When regular operators are not availableBranch, spare operators will fill all temporary vacancies assignment of work and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any scheduling of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2vacation) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on governed by the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if commences work within the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offBranch. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed 24.01 The parties recognize that where article XII is job security should increase in conflict with Appendix B proportion to the Employee's length of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offservice. 12.02 Employment of any new employee 24.02 An Employee's seniority shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority expressed in terms of new employees shall be established at the end of this period hours, and shall be effective equivalent to the number of paid hours of employment since the Employee's last date of hire plus all hours that the Employee would have worked but for having been absent on Workers' Compensation. Paid hours of employment shall be defined to include all hours in this bargaining unit or all hours worked with the Division in a non-unionized position, and all such hours during which the Employee is on a paid leave of absence, sick leave, vacation with pay, or in receipt of partial sick leave payments to supplement wage loss replacement benefits or MPI benefits pursuant to Articles 15.05(c) or 15.10. 24.03 The Division will maintain seniority lists showing the date on which each Employee commenced service with the Division, along with the Employee's seniority standing calculated in accordance with 24.02 above. There shall be two (2) seniority lists, with one (1) list for all Employees paid on the Clerical, Computer Technician, Library Technician salary schedules, and one (1) for all other Employees. The overall seniority list shall be further subdivided based on the classifications of the Employees included on the list. On or before February 28th of each year, up-to-date seniority lists will be posted in each building operated by the Division where Employees covered by this Agreement work. The seniority lists will be as of the previous December 31st. Concurrently with the posting of the respective seniority lists, copies thereof shall be mailed to the Association. Except where errors have previously been brought to the Division's attention, the Division shall be entitled to rely on the latest seniority list in making any decision based on an Employee's seniority. 24.04 Seniority of an Employee will be established after their probationary period but will be calculated from the first day of service since their last date of employmenthire. 24.05 Seniority will terminate if an Employee: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsresigns. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall discharged and not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantreinstated. (c) A job that becomes vacant because is laid off for more than eighteen (18) consecutive months. (d) retires under the incumbent has had terms of the Division's Pension Plan. (e) fails to vacate it due return to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a work on the day following the termination of an authorized leave of absence not exceeding thirty (30) work daysunless such failure results from sickness, shall be classified as a temporary vacancy and shall be filled according to accident, bereavement or other grounds considered justifiable by the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobDivision. 12.04 In case of layoff which (f) is to exceed absent for more than two (2) consecutive working daysdays without notifying their immediate supervisor unless such failure results from sickness, accident, bereavement or other grounds considered justifiable by the Company will notify, in writing, Division. (g) after the employees intended Employee have been notified of a recall from layoff sent by registered mail to be laid off, at least two their last reported address fails to contact the Division within three (23) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the to work within ten (10) working days or such later date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing as required by the employee before Division in the elapse of twelve (12) full months notice, unless such failure results from sickness, accident, bereavement or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union other grounds considered justifiable by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationDivision. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued lost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is then employed by the Union given, it shall retain such accrued seniority be considered as just cause for a period not exceeding one (1) yeartermination. (b) 24.06 An employee Employee who has accrued seniority and is employed by Local 324 shall be granted Leave in a non-unionized position outside of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain not receive credit for paid hours in a non-unionized position outside of the bargaining unit until such accrued seniority time as they have been the successful applicant for a period not exceeding one (1) yearnewly created or vacant position. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B Apprentices will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualifiedin their own group, provided that, having received advance notice only in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event of staff reductions, subject to provisions in the collective agreement and job security agreements. For example if there are no successful bidders, the junior employee four apprentices in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified trade such as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for "▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) " and a reduction in this number is required due to lack of work, the first hired or classified as an apprentice shall apply, or be the rate last laid off and the last laid off shall be the first to be reinstated. Upon satisfactory completion of the job classificationapprenticeship program, whichever is higher. (a) An employee who has accrued the apprentice will be placed on the respective craft seniority list at the home terminal where they began their apprenticeship and is then employed by be credited with seniority from date of entry into the Union shall retain such accrued apprenticeship. Apprentices may during the last six months be permitted in seniority for order to transfer to any point in the region providing that on completion of their apprenticeship their seniority will permit them to fill a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An permanent vacancy as per Rule 23.13 or displace an unqualified employee who is promoted or transferred to a position with not on the permanent list. If by mutual agreement between the proper officer of the Company outside and the bargaining unit President of Local 101, this application is accepted, the apprentice shall retain such accrued complete the apprenticeship at the point to which s/he has been transferred and receive his/her seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods at that point and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirementsconditions defined in this agreement. Notwithstanding the provisions of the Collective Agreement between the Company and the Union, and if such employees require training to perform the alternate employment effectivelyof which these Apprentice Standards shall henceforward be a part, they an employee with seniority who is selected for an apprenticeship shall be trained permitted, if affected by layoff during the Companyfirst five hundred (500) hours of apprenticeship, provided to return to his former job classification with the same seniority date that s/he held immediately prior to becoming an apprentice. After five hundred (500) hours of apprenticeship, apprentices shall have as his/her seniority date established as to the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsdate s/he commenced as an apprentice.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It A. Unless otherwise specified herein, seniority shall be determined by the employee’s length of service with the School District. For the purpose of this section, an employee’s length of service with the District shall commence from his or her first day of regular employment. Seniority for non-competitive and labor class employees who may have been hired on the same day and have otherwise had equal service with the District shall be determined by a flip of a coin. B. An up-to-date seniority list showing the name, length of service dates, and assignments of each employee, shall be furnished to the Association every six (6) months. A copy of the list shall be maintained by the Association for inspection by members. C. An employee shall forfeit seniority rights only for the following reasons: 1. He resigns. 2. He is understood dismissed and agreed that where article XII is not reinstated. 3. He retires on regular service retirement. D. The Employer is in conflict accord with Appendix B the principle that seniority should be a major factor in filling work assignments, provided that in the employer’s opinion all other conditions are equal and the employee is fully qualified to perform the duties required. E. Employees within Sections shall draw vacation assignments among themselves, subject to the approval of their immediate supervisor based on the need for efficient operations. Seniority within the Section shall determine preferences. F. In the event it becomes necessary to reduce the staff in any Section of the Collective AgreementDistrict, seniority in whole or in part, the terms that section shall govern layoffs and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted lowest on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared the first laid off, and posted monthly the last to be recalled. Employees in each camp the competitive, non-competitive and forwarded to labor class services laid off for lack of available work or for budgetary reasons shall be the Union office showing the seniority date and posting/first recalled when a position held becomes available in order of each seniority, before any new employee with the Company. 12.09 In transfers from one job classification to another senior employees may be hired. Such right of recall shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change be limited to a lower job classification, the employee shall retain the rate period of their previous job classificationseven (7) years in accordance with Civil Service. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted notified by mail addressed to his/her last known address of an available opening must advise the administration within two weeks whether he/she will accept or transferred to a position decline the position. Upon such recall the employee will be credited with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearall prior service. 12.12 When jobs are discontinued due G. An employee whose position is eliminated pursuant to law and the introduction procedures contained herein, shall receive a 30 calendar day notice prior to layoff. H. Subject to applicable Civil Service Law, seniority by job title within sections shall control in determining preference for the purpose of new methods and equipmentassignments or promotions, all other conditions being equal. I. The failure of the Employer to follow the seniority rule, or due to curtailment given an acceptable reason therefore, may be the basis for the filing of operationsa grievance. J. For the purpose of this Article, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements“sections” means transportation, cafeteria, custodial and if such employees require training to perform the alternate employment effectivelymaintenance, they shall be trained by the Companyclerical, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsmonitors and aides, security monitors and safety officers.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood 10.01 Seniority' shall mean an Employee's length of service, calculated in regular hours worked and agreed that where article XII is in conflict with Appendix B of divided by one thousand eight hundred twenty (1820) from the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityAppointment Date (Article 31.03 - Definitions). Seniority will govern subject to reasonable consideration shall be affected as described below in Article 10.02 and 10.03, and Article 20.03 – Leave of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offAbsence without Pay. 12.02 Employment of any new employee shall 10.02 Seniority accrual will be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at affected in the end of this period and shall be effective from the date of employment.following circumstances: (a) Seniority will The seniority of Employees who were in YusApuY Unit 1 positions prior to the ratification of this Agreement, where hours of work were other than full-time, (one thousand eight hundred and twenty (1820) hours per year), shall be applied determined on a Company wide pro-rata basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04the proportion of full-time hours worked, the employee advises the Company, prior to the effective date of the advance notice and except as provided for elsewhere in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticethis Agreement. It is understood agreed, however, that such Employees shall accrue seniority for unpaid hours to a maximum of four hundred fifty-five (455) hours per year. If, for reasons other than layoff, an Employee, affected by this article, accepts another position in the bargaining unit, seniority from the date that the Employee starts the new position will henceforth be calculated as outlined in Article 10.01 above, and agreed that when layoffs are occasioned by the completion provisions of seasonal activities, Company-wide seniority this Article will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsno longer apply. (b) The Companyseniority of Employees who were in YusApuY Unit 3 prior to the ratification of this Agreement, when filling vacancies, will do so from within the bargaining unit shall be calculated in accordance with Article XIIthe provisions of Article 10.01. Notice of impending vacancies Seniority will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevercalculated from December 2, that temporary appointments may be made without posting for filling vacancies 1996 or date of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee position in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantbargaining unit. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or An Employee who takes a leave of absence not exceeding thirty (30) work days, without pay to fill a full-time position in YusApuY shall be classified as a temporary vacancy and shall be filled according continue to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of accrue their applicable seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of during such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingleave. (ad) An employee's Temporary Employees may use their accrued seniority shall not be broken by sickness or injury certified by to apply for a licensed physicianposition as provided for in Article 12 - Job Posting, licensed dentist or licensed chiropractorfor a maximum of four (4) calendar months after completion of the temporary assignment. (be) An employee's Employees, while on sick leave, shall continue to accrue their applicable seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherentire sick leave. (af) An employee who has accrued seniority Employees on a combined leave (pregnancy and is then employed by the Union parental) shall retain such accrued accrue their applicable seniority for a period not exceeding one (1) yearthe duration of such leaves. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It A. For the purposes of this Agreement, "seniority" is understood and agreed that where article XII defined to mean the amount of time an individual is continuously employed as a certificated teacher with the School District, as defined in conflict with Appendix B Article I. Part-time employees working one-half (1/2) or less of the Collective Agreementfull academic year shall have his/her seniority on a prorate basis. The full academic year will be less than or equal to 1,380 hours. That is, in whole or in parthe/she shall receive one-half (1/2) year seniority for said academic year if he/she has worked at least 690 hours. An employee on an authorized, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle unpaid leave of seniorityabsence shall not accrue additional seniority while on leave, but shall be deemed to be continuously employed. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new An employee shall be considered as probationary lose his/her seniority when he/she resigns, retires, or is discharged. (The prorating of seniority shall not begin until they have worked thirty (30) days within a sixthe 1984-month period. Seniority of new employees 85 school year.) B. All teachers shall be established at ranked on the end list in order of this period and shall be his/her effective from the date of employment. (a) . A Seniority will List shall be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to mutually agreed upon by the completion of seasonal operations, or a part thereof, each representatives of the employees Association and the Board. Within fifteen (15) days after publication of this Master Agreement, the Pinconning Area Education Association will submit a teacher Seniority List; it will then be placed on the teachers' Bulletin Board for fifteen (15) days. If there are no corrections by the teachers, the Seniority List shall stand as posted. In the circumstances of more than one individual having the same effective date of employment, all individuals so affected will participate in a drawing to determine placement on the Seniority List. The Association and teacher(s) so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice notified in accordance with section 12.04, the employee advises the Company, prior to the effective date writing of the advance notice date, place and in writing on forms time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected teachers and the Association representative to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsattendance. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee 10.01 A newly employed nurse shall be considered as a probationary nurse until they have worked thirty she has completed four hundred and fifty (30450) days within hours of service. With written consent of the nurse, the probationary period may be extended for a sixfurther two-month periodhundred and twenty-five (225) hours. Seniority of new employees If accepted for permanent employment, her seniority shall be established at the end of this period and shall be effective commence from the date of her employment. A probationary nurse may be discharged for any reason not contrary to law and there shall be no recourse to the grievance procedure. (a) Seniority will 10.02 A seniority list shall be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsmaintained for all nurses covered by this agreement who have completed their probationary period. When layoffs are required due to A copy shall be filed with the completion of seasonal operations, or a part thereof, each Bargaining Unit President of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualifiedLocal Association, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date April of each year. A copy of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a seniority list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union officeLabour Relation Officer. Once Seniority will be based on hours worked. 10.03 Seniority shall be maintained and accumulated when a nurse is absent from work in the successful applicant has been appointed, the Company will forward to the Union a list following circumstances: (a) on an approved leave of all applicants and identify the successful applicant.absence with pay; (b) on an approved leave of absence without pay for thirty (30) continuous calendar days or less; (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave when in receipt of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating WSIB for any of the reasons set forth above provided however, that the job is still in effect and it is not filled injury sustained while employed by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing.VON Simcoe County; (ad) An employee's seniority shall not be broken by sickness when on pregnancy or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said parental leave. 12.11 An employee who is promoted 10.04 Where a permanent vacancy or transferred to a new position with the Company outside occurs in a classification of the bargaining unit shall retain unit, such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees vacancy shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last posted for a period of three seven (37) months or moreconsecutive calendar days. It is understood this does not apply Nurses may make a written application for the vacancy during the posted period. The name of the successful applicant shall be posted and a copy of the posting shall be provided to seasonal lay- offsthe local Association. The manager shall announce a vacancy by FAX. 10.05 Nurses shall be selected for positions under 10.04 on the basis of skill, ability, experience and qualifications. Where these factors are equal amongst the nurses concerned, seniority shall govern.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B Section 8.1 Seniority of all members of the Collective Agreement, bargaining unit shall be set as provided for in whole Letter of Understanding #1. Employee seniority shall be based on full-time or part-time status in part, descending order. This list shall reflect the terms and conditions as set out total length of continuous service with the Company in Appendix B will supersede same 12.01 The Company recognizes the principle group of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offemployees governed by the present collective agreement. 12.02 Employment of any new employee a) There shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district master seniority list for lay-off and recall purposes. b) There will be a full time list and a part time list for each of the unit of application of seniority on seasonal layoffsthree (3) terminals for all other purposes (six (6) lists). (bc) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company decides to offer full time employment, Section 27.4 will forward to the Union a list of all applicants and identify the successful applicantapply. (cd) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) Part time employees are defined as those who work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more less than twenty-four (24) months if requested hours per week on a regular schedule. Section 8.2 Upon the completion of his/her probationary period, a new employee’s seniority date will be from his/her date of hire with the Company in writing the group of employees governed by the employee before the elapse of twelve (12) full months or lay-offpresent collective agreement. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of Section 8.3 Employees shall be considered probationary employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by during the first 120 calendar days following the date of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed hiring by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The Company shall have the right, in its sole discretion, to lay-off, dismiss, or terminate any such probationary employee based on its evaluation of the employee having regard to factors such as, but not limited to, work performance and general attitude. Employees laid off, dismissed or terminated under this subsection will go back not have the right to grieve the Company’s decision, nor will the Union have this right. Section 8.4 Seniority lists shall be revised in September and in February and copies provided to the position they held prior Local Union’s Business Representative. When an employee voluntarily forfeits his/her full time status and accepts a part time status, he/she will dovetail his/her seniority date of hire on the master seniority part time list and the terminal part time seniority list. It is the responsibility of the employees to update their leave upon returning from said leaveemployee personal information. 12.11 An employee Section 8.5 Employees who is promoted work less than forty (40) hours per week and who request extra hours shall have priority by order of seniority, to work available shifts or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due hours, up to the introduction maximum of new methods and equipmenta non-overtime work week, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet provided the Company's labour requirements, and if such employees require training employee has the qualifications to perform the alternate employment effectively, they shall available work. The Union will be trained by the Company, provided that the jobs they have applied advised prior to be trained for are expected to last for a period of three (3) months offering these shifts or more. It is understood this does not apply to seasonal lay- offshours.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood 14.1 Seniority for both full- and agreed part-time shall be determined by the date that where article XII is in conflict an employee drives their first scheduled run with Appendix B the Division of Mass Transit. In the event of more than one employee starting their first scheduled run on the same day, Seniority date will be determined by the following criteria: Employee first to hold the required CDL license. (One day will be added to the employees first run date as their new seniority date). 14.2 Any reduction of the Collective Agreement, in whole or in part, work force shall be accomplished on the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle basis of inverse seniority. Seniority will govern subject to reasonable consideration In case of skilla layoff, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new an employee shall be considered as probationary until they have worked thirty given fourteen (3014) days within a six-month period. Seniority calendar days’ notice, except in the case of new employees shall be established at the end emergency or layoff of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It calendar days duration, or as a result of a condition which results in a lack of work over which the EMPLOYER is agreed however, that temporary appointments may be made without posting for filling vacancies of less than not given thirty (30) calendar days durationdays’ notice. Newly created jobs will Full-time employees who may be posted reduced due to cancellation of the number of full-time runs shall be put on the bulletin boards extra board to assure they will retain their full-time status 14.3 If a full-time driver is placed involuntarily in part-time status, the break in service from full-time to part-time will not constitute a break in the employee's continuous employment in the event the employee returns to full-time status. 14.4 Employees shall be recalled from layoff on the inverse order of the layoff. An employee on layoff shall have the opportunity to return to work within one (1) year of the date of layoff before any new employee is hired. Recall notification shall be by certified mail with the Company employee having fourteen (14) calendar days to return to work to retain the employee's seniority rights, unless the employee and the EMPLOYER mutually agree, in writing, to a time extension. 14.5 Bus drivers may select voluntary layoff without loss of seniority during summer months by bidding for a period of five (5) working days prior route that is not in operation over the summer and by not bidding for a Saturday/Sunday run. If the employer can not cover vacancies with active part-time drivers or full-time drivers over the summer months, the employer reserves the right to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants contact drivers on the basis of Section 12.01 of this Agreement. Employees accepting seniority that have bid to be off for the posted jobs shall be allowed five (5) work days summer in which order to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingmeet operational requirements. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies twenty-nine and newly created jobs. All postings, internal and external, permanent or temporary will one half (29.5) threshold applies equally to active drivers as well as drivers that have bid to be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created off for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobsummer. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 3 contracts

Sources: Labor Agreement, Labor Agreement, Labor Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 (a) The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay lay-offs and recalls after lay- off. (b) An employee who is employed on a full time basis by the Union shall retain his seniority for a period not exceeding twelve (12) months. It is agreed, however, that the twelve (12) month period shall be extended for a further twelve (12) month period if requested in writing by the employee affected. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-month period. Seniority of new employees shall be established at At the end of this period and period, his seniority shall be effective from established, and he shall be placed on the date seniority list in the order of employmenthire. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their his seniority and transfer to a job job, within the same Zone, for which they are he is qualified, provided that, having received advance notice in accordance with section Section 12.04, the employee he advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their his desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled in the Zone by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts Zones for more than one (1) week, and subject to the following procedure: otherwise the district zone will be the unit of application of seniority on seasonal layoffs. An employee wishing to exercise his seniority rights in another zone must make application to the Company's Employment Office within the three (3) consecutive work days immediately following the date of layoff, either in person or by letter postmarked during that period, otherwise he forfeits his right to bump on that occasion. (b) In transfers from one job classification to another, senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which he is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of his previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇- ▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (c) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty three (303) calendar days weeks duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further additional training time is required). Failure of an employee to qualify shall entitle them him to return to their his former job without loss of seniority or benefits. In When an employee has been trained to meet the event there are no successful bidders, job requirements he shall remain in that job for a minimum of three months from the junior employee in date he is qualified unless displaced from that job because of lay-off or the transition contractor will be awarded the postingbumping procedure. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (cd) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b12.03(c) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area a Zone basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their his return to work shall once again occupy the job that they he had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their his former job has exercised their his seniority on this particular job. 12.04 In case of layoff lay-off which is to exceed two (2) working days, the Company will notify, in writing, the employees men intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company agrees that all reasonable effort will provide two weeks' be made to give employees as much advance notice of layoff in the case of shutdowns due to market conditions or plant shutdownslay-off as possible. It is understood however that understood, however, this shall not apply in cases of full whole or partial cessation of operations due to weather forest fire danger or due to an act of Godactual forest fire itself. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But , but in all cases any case, notice in writing, will be sent to an employee at their his given address at least fourteen (14) days before they are he is required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 12.06 The Company agrees to submit to the Union Office by January 31st of each year an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesAgreement. The list will also show each employee's occupation, address, and Company will endeavor to have this list sent to service in days as specified in Section 6.03, as at December 31st of the Union by the first of May of each year thereafterprior year. 12.08 12.07 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held order of each employee with the Companyemployees. 12.09 In transfers 12.08 An employee’s seniority shall be broken and his name will be removed from one job classification to another senior employees shall receive first considerationthe Seniority list if he: 1. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherQuits voluntarily. (a) An employee who has accrued seniority 2. Is discharged and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearreinstated. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave 3. Fails to report for work following recall, as provided in Section 12.05 of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leavethis Article. 12.11 An employee who 4. Fails to return from a leave of absence on the date specified, unless his return to work is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearprevented by circumstances beyond his control. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees 3.01 Basic seniority districts shall be established at as follows: District #1 - Quebec District #2 - Ontario District #3 - Manitoba (including Thunder Bay) District #4 - Saskatchewan and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ #▇ - ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 3.02 Seniority shall mean the end length of this period and shall be effective continuous service of an employee from the date of employmenthis last entry into the service of the Canadian Pacific Railway Police Service in a position covered by this collective agreement. (a) Seniority will 3.03 A new employee shall not be applied on a Company wide basis regarded as permanently employed until he has completed nine months' cumulative compensated service, which must include 1,560 worked hours. In the meantime, unless removed for cause, which, in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each opinion of the employees so affected will be permitted to exercise their seniority and transfer to a job Company, renders him/her/her undesirable for which they are qualified, provided that, having received advance notice in accordance with section 12.04its service, the employee shall be regarded as coming within the terms of the agreement. If retained, he shall then rank on the seniority list from the date first employed in a position covered by this agreement. A probationary employee who is removed for cause under the provisions of this Article, will be entitled to progress a grievance under the provisions of Article 11 if he so desires. 3.04 An employee will be granted leave of absence without pay upon the written approval of his/her Manager, provided the granting of such leave does not result in additional expense and operational requirements are met. 3.05 An employee shall continue to accumulate seniority while on approved leave of absence. 3.06 An employee's seniority rights shall extend over the district, as defined in Article 3.01, on which he is employed. A complete list of all employees within each seniority district showing name, classification, length of continuous employment relationship with the Company, date of last entry into the service of the Canadian Pacific Railway Police Service in a position covered by this agreement and seniority standing shall be posted at all locations where employees governed by this agreement are stationed, in a place accessible to them. The said list shall be posted not later than thirty days after the signing of this agreement and thereafter on January 1st of each year. 3.07 Unless an employee advises the Companydesignated Company Officer in writing, prior to the effective date end of the advance notice and in writing on forms to be supplied by the Companyeach year, of their desire to transfer or to remain on the recall list, he/she will be laid off. The Company will provide dropped from the Union Grievance Committeeseniority list: i) if, prior to the intended as a result of layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts having performed no service for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5one year; or ii) working if on SUB benefits, at the expiration of such benefits, whichever is the longer period. 3.08 For the purpose of employees making application on positions in their seniority district or in other seniority districts in conformity with Article 5.07 of this agreement, seniority shall mean system seniority which shall be the length of service of an employee in a position governed by this agreement in all seniority districts. 3.09 The seniority list shall be open for correction on proper representation by an employee or his representative for a period of ninety days prior from the date of posting. If no exceptions are taken during such ninety days, the seniority dates shall be established as correct and not changed thereafter except by mutual agreement between the Superintendent and the representative of the Association or for correction of typographical errors. A copy of the seniority list shall be furnished to any appointment the Association representative not later than fifteen days after posting. 3.10 When two or more employees are employed on the same day, subject to such jobsthe provisions of Article 3.08, stating their seniority standing will be determined in the normal job requirements. following order: a) the local time at which they started work; b) previous service in the Canadian Pacific Railway Police Service; c) previous Company service; d) date on which application for employment was made; e) by drawing of names as arranged by the Inspector and District Representative. 3.11 Employees shall not be considered for such jobs, unless they apply in writing moved within the five (5) day periodDepartment to positions excepted or excluded from the terms of this agreement shall retain seniority rights to the date of departure from the Bargaining Unit. 3.11.01 Employees that are released to a position covered by this Collective Agreement may forward, in writing, a request to the CPPA to recover their seniority from the date that he/she stopped accumulating seniority. All jobs will This request may be filled from among granted in accordance with the qualified applicants terms of the CPPA Constitution. 3.12 Except as otherwise provided in Article 3.11 and 3.11.01, an employee who accepts a promotion or transfer to a position outside of the Department not covered by another agreement shall retain his rights and continue to accumulate seniority for six months on the basis of Section 12.01 of this Agreementseniority list from which promoted or transferred, which time may be extended by mutual agreement. Employees accepting the posted jobs The position thus vacated, if required to be filled, shall be allowed five (5) work days in bulletined as a temporary vacancy and such employee shall return to his former position if he is removed from the position to which to qualify, (promoted or a further transferred within six months or such longer period of time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It A. Seniority shall be defined as length of continuous service with the Brick Township School District. The length of time that an employee is understood a provisional appointee will be computed towards his/her continuous service. B. In the case of layoffs, the Civil Service Commission shall be notified and agreed that where article XII retains jurisdiction. If there is a reduction in conflict with Appendix B force, the New Jersey Department of Personnel shall determine an employees rights to assume another position within the employment of the Collective AgreementBoard. Under a reduction in force within a classification, an employee shall be entitled to exercise his or her seniority right to assume, by bumping, a position within his or her category of employment, or in a category in which the reduction-in-force employee has prior seniority. 1.a. Once each year on or before August 31st bus drivers and bus attendants may pick their school run packages, full time and part time, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle order of seniority. Seniority When transportation personnel pick or accept a bid for a package, they are obligated to perform such work and there are no returns once accepted. The run packages of the Head Bus Drivers will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbe assigned by the Board. 12.02 Employment 1.b. Once each year on or before June 1st bus drivers and bus attendants may pick their summer school run packages in order of any new employee seniority. When transportation personnel pick or accept a bid for a package, they are obligated to perform such work and there are no returns once accepted. 1.c. When a run package is posted mid-year due to a vacancy, drivers beneath the driver who had the now vacated run package may select it based on seniority. Only employees who are actively working may bid on such work. Actively working shall be considered defined as probationary until they have worked thirty (30) days within a six-month period. Seniority of new those employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied not on a Company wide basis in recallsleave of absence, promotionsor, transfers from camp to camp and layoffs. When layoffs are required due to the completion if on a leave of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04absence, the employee advises will be ready to return and perform the Companyroute within ten (10) school days from when the posting ends. If the selection process outlined herein causes another vacancy, prior then it shall be offered to the effective date of the advance notice and part-time drivers in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreedorder, if further training time is required)such position exists. Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In If no driver selects the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postingsrun package, internal and externalor no part-time driver selects the vacated run package, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit then it shall be filled on an area basisin accordance with the vacancy section of this article. 1.d. When regular operators a new full-time run package is created from a part-time run package or the need for an additional run package occurs, it shall be posted for all to bid in accordance with seniority. Only employees who are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority actively working may bid on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority Actively working shall be broken if the employee quitsdefined as those employees not on a leave of absence, or is discharged and not re-instatedor, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from on a leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationabsence, the employee shall retain will be ready to return and perform the rate of their previous job classificationroute within ten (10) school days from when the posting ends. For determining If the rate of pay for pieceworkers transferred to day workselection process outlined herein causes another vacancy, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees it shall be offered alternate employment to the part-time drivers in seniority order, if such position exists. If no driver selects the newly created run package, or no part- time driver selects the vacated run package, then it shall be filled in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period vacancy section of three (3) months or more. It is understood this does not apply to seasonal lay- offsarticle.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood 8.01 An employee will be considered on probation until he has completed four hundred and agreed that where article XII is in conflict with Appendix B eighty hours (480 hrs) of work within any twelve (12) calendar months. During such probationary period he will be subject to the seniority provisions of the Collective Agreement, in whole or in part, Agreement but his name will not be placed on the terms and conditions as set out in Appendix B seniority list until he has completed the probationary period at which time he will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective seniority dating from the date he was hired by the Company. The dismissal of employmenta probationary employee shall not be the subject of a grievance. The Company reserves the right to terminate a probationary employee and such termination shall be deemed for just cause providing such action was not exercised in a manner which was arbitrary or in bad faith or contrary to the provisions of the Ontario Human Rights Code, or as provided for in the Labour Relations Act. 8.02 The seniority list will be posted every three months. After such posting, the list shall become final with respect to the employees designated therein 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 adjustment, if established to be inaccurate. All present employees' names shall appear on seniority list as of date of hire. (a) Seniority will be applied on In the event of a Company wide basis in recallswork shortage for the purpose of lay-offs and for the purpose of recalling those to work who have been laid off, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the it is agreed that employees so affected will be permitted to shall exercise their seniority first on a classification basis then on a plant wide basis and transfer to a job for which they are qualified, the following factors shall be considered provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to probationary employees shall be laid off. The Company will provide off first provided the Union Grievance Committee, prior remaining employees are qualified to do the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. available work. (i) seniority (ii) skill and ability to perform the work It is understood and agreed that when layoffs are occasioned by where factor (ii) is relatively equal between employees, seniority as herein defined will govern. In the completion event of seasonal activitiesa lay-off or a recall, Company-wide seniority an employee who claims that he should be allowed to bump will be applied only when operations continue given up to five (5) days of training to demonstrate that he has the skill and ability to perform the work. Note: This does not apply to classifications C1, C2, C3 or C4 unless the employees’ work records indicate they have previous experience and recognized skills in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsthose classifications. (b) The CompanyIn the event of a layoff or recall to work as in 8.03 (a), when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies Union will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevernotified prior to such layoff or recall to work. 8.04 When short term lay-offs become necessary, that temporary appointments may be made without posting for filling vacancies caused by Acts of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by God, unexpected disruption of supplies, mechanical or electrical problems, work stoppages or inventory count, the Company may lay off an employee for a period of five not to exceed three (53) consecutive working days at any one time during a calendar year, not exceeding seven (7) working days prior in any one calendar year, without regard to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 provisions of this Agreement. Employees accepting the posted jobs Article. 8.05 A person shall lose all seniority and shall be allowed five (5) work days in which deemed to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, have terminated employment with the Company will forward to if he: (a) voluntarily quits the Union a list employ of all applicants the Company; or (b) he is discharged and identify such discharge is not reversed through the successful applicant.Grievance Procedure; or (c) A job that becomes vacant because the incumbent has had (i) fails to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, notify the Company that he will notify, in writing, the employees intended to be laid off, at least report for work within two (2) working days in advance, with a copy of such said notice to after being notified by the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee subsequently fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.within five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood Section 15.1 Seniority shall be defined as the length of continuous service measured in years, months, and agreed days that where article XII is an employee has accumulated as an employee in conflict with Appendix B the service of Delhi Township and the Delhi Township Volunteer Fire Department, Inc. Section 15.2 In the event of a layoff, the Fire Chief or his designee will have complete discretion to determine which classifications will be subject to layoff. Within each classification, layoffs will be determined by seniority. For purposes of this Article of the Collective Agreement, in whole or in partthe classifications shall be as follows: Section 15.2.1 In the event of a recall from layoff, the terms and conditions as set out in Appendix B Fire Chief or his designee will supersede same 12.01 The Company recognizes the principle of have complete discretion to determine which classifications will be subject to recall. Within each classification, recalls will be determined by seniority. Seniority will govern subject to reasonable consideration For purposes of skillthis Article of the Agreement, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee the classifications shall be considered as follows: Section 15.3 An employee’s seniority shall commence after the completion of the probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from retroactive to the date first day the employee reports for paid duty. If two employees have the same hire date, then alphabetical order of employmentlast name shall apply. (Section 15.4 An employee’s seniority will not be affected for any employee who left service during the period of September 1, 2004 through November 30, 2004 and returned to service before May 1, 2006. Such employees shall be considered to have maintained their seniority for all previous service with Delhi Township despite the break in service. Section 15.5 An Employee's seniority shall be lost when he: a) Seniority will be applied on Terminates voluntarily. b) Is discharged for cause. c) Exceeds an official leave of absence. d) Is laid off for a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion period of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise year if the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Employee has less than five (5) working days. It calendar years seniority or is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company laid off for a period of more than two (2) years if the Employee has more than five (5) working days prior calendar years seniority. If a fire fighter is laid off and remains active and keeps up training on a volunteer basis, the Township, after establishing that the Employee has kept up training, will allow seniority to any appointment be continued in effect. e) Fails to such jobs, stating notify the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis Employer of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them his intent to return to their former job without loss of seniority or benefits. In work (recall from layoff) within fifteen days after the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant Employer has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said sent written notice to the Union Grievance CommitteeEmployee. The Company will provide two weeks' notice of layoff in fifteen days excludes weekends and holidays. Notice must be sent by certified mail to the case of shutdowns due most recent address the Employee provided to market conditions or plant shutdownsthe Employer. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate responsibility of the job classification, whichever is higherEmployee to advise the Employer of his current address. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood A. Seniority shall be defined as: 1. Total years of service to the School District in positions recognized and agreed that where article XII is in conflict with Appendix B defined as part of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbargaining unit. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) 2. All other things, certification, and days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from employed, being equal, then the date of employment. (a) Seniority the initial employment contract with the School District shall prevail. If the date of initial employment is the same, all Teachers so affected will be applied participate in a drawing to determine placement on a Company wide basis in recalls, promotions, transfers from camp to camp the seniority list. The Association and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees Teachers so affected will be permitted notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected Teachers and Association representatives to exercise their be in attendance. The seniority list shall be posted in each building, with copies furnished to the Association at least ten (10) working days prior to November 20 and transfer February 10. It shall be the responsibility of each Teacher to promptly check the seniority list. If a job for which they are qualifiedTeacher or the Association does not believe that a Teacher's seniority, provided thatcertification, having received advance notice in accordance with section 12.04or endorsement is correctly shown on the list, the employee advises the CompanySuperintendent shall be notified, prior to the effective date in writing, of the advance notice alleged error no later than ten (10) working days after November 20 and in writing on forms February 10, respectively. If no challenges are made within the allowed period, the seniority list shall be deemed to be supplied accurate and the Board shall incur no liability (including back pay) for relying on such list. If the posted list is challenged, the Association will be notified by the Company, Superintendent of their desire to transfer or to be laid offsaid challenges. The Company parties will provide the Union Grievance Committee, prior meet to the intended layoff, with produce a corrected accurate list. The corrected list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of within five (5) working days prior to any appointment to such jobs, stating after the normal job requirementsrespective challenge period. Employees shall not be considered for such jobs, unless they apply When said corrected listing is approved in writing within by the five Association, then the seniority list shall be deemed to be accurate, and the Board shall incur no liability (5including back pay) day periodfor relying on such list. All jobs will Accurate seniority lists shall be filled from among the qualified applicants on the basis frozen until November 20 and February 10, respectively. Updating of Section 12.01 of this Agreement. Employees accepting the posted jobs endorsement shall be allowed five (5) work days in which to qualifyonly during the seniority list challenge period. However, (or for notification purposes only, a further time as Teacher may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In inform the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notifySuperintendent, in writing, of a change in certification (accompanied by proper documentation) at any time. Teachers who are on leave during this time will be notified of their placement on the employees intended seniority list by certified mail sent to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdownstheir last known mailing address. It is understood however that this the responsibility of the Teacher to inform the school of his/her address or any change of address. B. Seniority shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by accumulate during a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from Board approved unpaid leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control absence, except Voluntary Leaves (see provision for Voluntary Leave – Article VII(L)(4)); Military Leaves (see Article VII(L)(6.b.); and the Company has been so notified, Family and if they have been laid off for twelve Medical Leave Act (12FMLA) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offLeaves. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

SENIORITY. It is understood (A) The City and agreed the Association agree that where article XII is in conflict with Appendix B a seniority list for each classification, showing the service date and date of the Collective Agreementlast promotion to present classification, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at annually and posted on the end department bulletin board. If no one protests seniority shown on their behalf within forty-two (42) days of this period and such posting, the seniority list shall be effective from stand as conclusive evidence of each person's seniority until the date establishment of employmentthe next annual seniority list, posted in the first week in July. (aB) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness annual leave, sick leave, suspension, maternity leave, military leave, or injury certified by any leave(s) without pay (LWOP) of less than a licensed physician, licensed dentist or licensed chiropractortwenty-eight (28) day duration. (bC) An employee's City seniority shall be broken if identified by the service date and defined as the length of continuous active service with the City of Las Vegas, less any periods of LWOP in excess of thirty (30) days. (D) Classification seniority shall be determined by the date the employee quits, was last promoted to their present classification. Where two (2) or is discharged and not re-instated, if more employees entered the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence classification on the same day, City seniority shall prevail. If City seniority is equal, then the earliest date specified unless they have been prevented from returning stamp on time by circumstances beyond the employee’s control and job application for the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offclassification shall prevail. 12.07 The Company agrees to submit to (E) Beginning the Union an alphabetical listfirst week of September, all Deputy City Marshals will bid for vacation schedules, regular day off (RDO), shift assignments, Daily assignments for Beat/Sector/Post may be done based on classification seniority, whenever practical, as identified in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesParagraph (D) above. The Company All bidding will endeavor to have this list sent to the Union be accomplished by the first Friday of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to October. Transfers will take place the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is highersecond pay period in January. (aF) An employee who has accrued seniority Beginning the first week of September, Municipal Court Marshals assigned to field service will bid for vacation schedules, regular day off (RDO), and is then employed shift assignments, based on classification seniority, as identified in Paragraph (D) above. Marshals assigned to court service will bid for vacation schedules. All bidding will be accomplished by the Union shall retain such accrued seniority for a period not exceeding one (1) yearfirst Friday of October. (bG) An employee who has accrued If a work unit does not want to use seniority and is employed to schedule vacations, RDO, and/or shift assignments, they may petition the Association president to review the situation and, if needed, request a labor/management meeting to resolve the situation. Applications for reassignment may be made by Local 324 shall be granted Leave of Absence from employees to the Companyemployee's supervisor at any time. The employee City will go back make reasonable efforts to accommodate shift assignment requests as much as possible. Vacant positions will be filled by the department and then become subject to the position they held prior to their leave upon returning from said leavebid procedures. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. (i) The Employer shall maintain a seniority list for full-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be provided by the Employer to the Union on or before March 31st of the following year. (ii) The Employer shall maintain separate seniority lists for Regular Part-time employees showing accumulated hours worked in their regular position. An On-call employee who successfully bids into a regular part-time position will accrue seniority on an hourly basis, for all regular hours worked in their regular part-time position. For the purposes of bidding into a full-time position, an employee will use his/her original date of hire. Seniority accrued while working in a regular part-time position will be credited once the employee has successfully bid into a full-time position. A full-time employee who successfully bids into a regular part-time position will maintain their existing seniority and build upon it for all regular hours worked in their regular part-time position. (iii) It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreementupon an employee‟s termination from employment, in whole or in part, the terms and conditions as set out in Appendix B their name will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective deleted from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticelist. It is also understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still criteria used in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or determining an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractoraltered. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave Leaves of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months months, or moreleaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Clause 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Clause 12.01(b) shall be considered as an interruption of employment. It is understood this does agreed that such leaves of absence shall not cause a loss of seniority, excepting for that period lost during the actual leave of absence. (d) Employees who leave the bargaining unit for any length of time to fill any management position with the Employer, either permanently or temporarily, and then return to the Bargaining Unit shall retain their seniority excluding that period of service with management. (e) Full-time employees may apply to seasonal lay- offsan On-call position using their original Date of Hire. (i) Such employees will retain any earned seniority, to be credited if that employee successfully returns to Full-time status. (ii) Such employees may bid on other On-call positions, Regular Part-time positions or Full- time positions using their original Date of Hire. Deleted Collective Agreement Language

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B 9.01 New employees will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month periodbeen employed for three months. Seniority shall then be credited as of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to first entry into the completion of seasonal operations, or a part thereof, each service of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04Company. At the Company's discretion, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to employee's probationary period may be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with extended for a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) weekmonth period, otherwise subject to notification to the district will Union. An employee's probationary period may be extended by the unit amount of application time spent on any modified work assignment(s) recommended by a physician and/or by the entire length of seniority on seasonal layoffs. (b) The Company, any period of absence when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice period of impending vacancies will be posted on the camp bulletin board for at least absence exceeds five (5) consecutive working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs The Union President will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply notified in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time when an employee's probationary period is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) being extended and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall extension will apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued completed his/her probationary period will be known as a seniority employee. 9.02 Seniority lists shall be posted and is then employed by the Union shall retain such accrued be furnished with a copy once every three (3) months. (a) When a vacancy occurs, a notice will be posted for three (3) working days advising employees of the vacancy. The initial vacancy and subsequent vacancies created in the chain shall then be offered by seniority for to those employees who are entitled as defined below. In no event shall the number of vacancies filled in this manner exceed five (5) in any one chain. To be entitled to be offered a period vacancy under the above procedure, an employee must qualify as follows: (i) The employee does not exceeding one hold a bid restriction under Clause 9.03 (1b) yearof this agreement, and (ii) the employee is capable of doing the job within a reasonable training period, and (iii) the employee is actively at work and available to be offered the vacancy, or the employee is absent from work but has previously notified the Company that he/she will accept the position if offered, by completing the designated job bid interest form. An employee who does not wish to be offered vacancies under the above procedure may file a written waiver with the Company to that effect. An employee on light duty because of a temporary medical restriction must be medically capable of beginning training within ten (10) calendar days in order to be eligible to fill a vacancy under the above procedure. If the Company requires additional medical information and the employee is unable to provide the information within the ten (10) day time limit, then this time limit will be extended accordingly. Once the above procedure has been exhausted, the remaining vacancy may be filled through recall by seniority of an eligible individual from layoff. If there are no eligible individuals on layoff, the Company may hire to fill the position. (b) An When an employee who has accrued seniority is offered a job under this provision, he/she must immediately accept or reject the job, and is employed by Local 324 his/her failure to accept or reject the job immediately shall be granted Leave considered as a rejection of Absence from the Companyjob. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted offered the job, and who accepts it, will not be permitted to bid on another opening for twelve (12) months. The foregoing time limits will not apply to an individual who wishes to bid on another job within his/her classification on his/her shift or transferred on another shift. A notice will be posted indicating the name of the employee who has accepted the job. (c) The following rules shall govern in the application of the restrictions found in Clause 9.03 (b). 1. The time restrictions found in Clause 9.03 (b) commence running on the calendar date the employee signs the certification indicating his/her acceptance of the job. 2. If an employee is awarded a job (referred to a position hereafter as the original job) thereby accepting the time restrictions imposed by Clause 9.03 (b), and that job to which he/she has been awarded is subsequently eliminated or he/she is bumped from it, his/her bidding rights will be restored at the time of such elimination or bump, subject to the following conditions: If he/she is offered recall to the original job under the provisions of Clause 9.07 and he/she accepts or rejects such recall, the original bidding restrictions will be re-imposed with the Company outside same beginning date as the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearbidding restrictions referred to in the preceding paragraph. 12.12 When jobs are discontinued due (d) 1. In the event that an employee is awarded a job and fails to the introduction of new methods and equipment, or due to curtailment of operations, affected employees qualify on that job within a reasonable training period he/she shall be offered alternate employment returned to his/her previous job with the balance of his/her bid restriction in force. The vacancy thus created will be treated as an initial vacancy. The employee affected by the return of the employee who failed to qualify shall be returned to his/her previous job and his/her bidding rights will be restored. If such job has been eliminated, the affected employee will be treated as a displaced employee and will place him/herself in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform terms of Clause 9.06 of the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsCollective Labour Agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood ‌ 6.01 All employees shall have their seniority begin with the last date of hire for unbroken service with the Employer in a job category under Union jurisdiction. Employees as of April 1, 2010 who have continuous service with the Employer and agreed its predecessor(s) shall maintain that where article XII is seniority. 6.02 No credit shall be given for terms of temporary work except as provided in conflict with Appendix B (a) and (b) below: a) Full-time temporary and casual employees who obtain regular status shall be granted seniority from their Employer entered service date within the Union jurisdiction based on all hours worked (excluding overtime). b) When two or more Full-Time Temporary employees are being considered for a vacancy posted pursuant to Section 7.09 of the this Collective Agreement, in whole or in part, Sub-Section 7.09(d) will apply to these employees and they will be considered to have seniority from their Employer entered service date within the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes Union jurisdiction based on all hours worked (excluding overtime) for the principle sole purpose of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offfilling these postings. 12.02 Employment 6.03 Part-time regular employees shall accumulate seniority on the basis of any regularly scheduled time excluding overtime hours worked. Regularly scheduled time shall include time absent from work as a result of a compensable absence covered by WorkSafeBC. For the purposes of converting seniority from hours to years for part-time regular employees only, regular hours worked will be multiplied by 1.0652. 6.04 An employee who leaves the Union and subsequently returns shall be treated as a new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis their return except as otherwise provided in recallsthis Agreement. Employees excluded under the Labour Relations Code of B.C. and thus required to withdraw from the Union shall retain accumulated seniority as defined in Section 6.01, promotionsas of the date of exclusion, transfers from camp provided they do not in the meantime become members of another Union. Any such employee shall have the right to camp and layoffs. When layoffs are required due exercise such seniority for the purpose of re-entry to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the union bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5one year from the date that the employee is required to withdraw from the Union under this provision. a) working days prior Military leave of absence, leave of absence on Union business or leave of absence to any appointment to such jobs, stating act as a full-time official or representative of the normal job requirements. Employees Union shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis as a break of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantseniority. (cb) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or An employee granted a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still reason other than those covered in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's above will accumulate seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractorduring the duration of such absence provided they maintain their membership in the Union. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by on the Union recall list shall retain such accrued their past seniority for a period not exceeding one (1) yearplus continue to accrue seniority while on that list. (b) An employee who has Seniority accrued seniority and is employed by Local 324 shall while on the recall list will not be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leaveconsidered in determining Employer service. 12.11 An employee who is promoted or transferred to 6.07 Where a position with the Company outside job classification previously excluded from the bargaining unit shall retain becomes included in the bargaining unit, the incumbent employee(s) in such accrued a job classification will be granted accumulated seniority for a the period during which they worked in the affected job classification immediately prior to that classification being included in the bargaining unit. Seniority achieved under this clause will not exceeding one (1) yearbe utilized under the lay-off and bumping provisions within the first 12 calendar months from the date of entry and will not be utilized under the job selection or promotional provision within the first six calendar months from the date of entry. 12.12 When jobs 6.08 Regular employees who obtain temporary positions outside the Union bargaining unit but within BC Transit shall continue to accrue seniority as if they had remained in the bargaining unit, provided they maintain their Union membership and remit required union dues. For an exempt position, full dues are discontinued due to the introduction of new methods and equipmentrequired; for another bargaining unit position, or due to curtailment of operations, affected employees minimum dues are required. Such temporary positions shall be offered alternate employment in accordance with Section 12.01 limited to meet the Company's labour requirementssix months, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided except that the jobs they have applied to period may be trained for are expected to last for a period extended by agreement of three (3) months or morethe Employer and the Union. It is understood this does Agreement will not apply to seasonal lay- offsbe unreasonably withheld. In the case of Part time regular employees, seniority will accrue on the basis of their regularly scheduled hours in their Union bargaining unit positions.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority rights of Operators will be applied on exercised only as provided in this Agreement. The right to pick a Company wide basis in recallsregular posted assignment shall be governed by seniority. Where such assignments have two complete shifts, promotionsthe Operators assigned to such assignments shall alternate shifts a week about. Regular assignments, transfers from camp to camp and layoffsas designated by the Employer, shall be runs which require approximately a standard work week of not less than forty (40) hours. When layoffs are required due to the completion of seasonal operations, or An employee performing a regular assignment shall have their pay reduced by any part thereof, each of the employees so affected assignment not performed by the employee. Any route changes that affect run duration will be permitted deferred until the next formal pick. Operators shall make their choice of assignments according to exercise their seniority seniority. Such assignments are to take effect the first Sunday which starts a pay period in the months of March, June, September and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, December. Operators will select such assignments during the employee advises the Company, third week prior to the effective date of the advance notice and in writing on forms pick. Operators will make their picks by seniority as follows: Tuesday - Operators 1 - 12 Wednesday - Operators 13 - 24 Thursday - Operators 25 - 36 Friday - Operators 37 - 48 Saturday - Operators 49 - 60 Sunday - Operators 61 - end Pick periods will be scheduled at 40 minute time intervals until 4:00 P.M. of the pick day. If an Operator fails to pick an assignment as scheduled, such Operator will be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior assigned to the intended layoffspareboard. If an Operator is off sick or on compensation at the time of the pick, with the Operator shall present proof at the designated pick time, by a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed medical practitioner that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority Operator will be applied only when operations continue able to return to work within 30 days of posting of the pick in other districts for more than one (1) weekorder to exercise the Operator’s pick privileges. If the Operator fails to return to work within 30 days of the Operator’s designated pick time, otherwise upon the district Operator’s return, the Operator will be assigned to the unit spareboard for the duration of application the pick. Regular assigned Operators will be allowed to forfeit without pay, a two and a half (2.5) hour work assignment when that assignment is their only assigned work for that day. Upon picking their run assignment, they will sign a form stating that they do not wish to work the assignment in question for the duration of seniority on seasonal layoffsthe pick. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Operators scheduled to work greater than five (5) working days. It is agreed however, that temporary appointments may consecutive hours will be made without posting for filling vacancies of less than provided a thirty (30) calendar days durationminute paid lunch period. 9:02 The seniority rank of Operators entering the service will be determined by the hour and date first service is performed for which pay is received under this Agreement, without instruction. Newly created jobs In establishing the first seniority roster it is understood that only the service performed for the Transit Department by the individual Operators will be considered. A current seniority roster will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsFebruary 1st each year. Employees shall not Any protest in seniority rosters must be considered for such jobs, unless they apply made in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall days from time of posting or no further action will be classified as a temporary vacancy taken. Current seniority rosters and shall other information relative to seniority or leave of absence will be filled according furnished to the provisions Union representative. 9:03 Seniority is an exclusive right and under the jurisdiction of Section 12.03(b) and Local 1767 of the job posting will note that it is ATU. All employees shall hold their seniority in accordance with their continuous employment with the Corporation of a temporary naturethe City of Sault Ste. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ Transit Services. Top 3 Spareboard Operators (not on Sick Leave or WSIB) may choose to roadside workforcestart their work week on Monday. The employee who had occupied Their choice will be in effect for the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any duration of the reasons set forth above provided howeverpick. If a Relief Inspector occupies one of these positions, that it will be passed down to the job is still next senior Spareboard Operator. Relief Inspector's days off will be assigned at the discretion of the Scheduler. When Spareboard Operators are required, the senior operator in effect point of service will be called for duty, and it is not filled by will be paid a senior employee who for reasons minimum of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working dayshours. The employee will be paid for all time worked, computed on the closest 5 minute basis. Where practical, and where no added costs to the Employer are incurred, rest days will be assigned in consecutive pairs. An Inspector will be allowed to cover emergency work until an Operator reports for duty. When an Operator who is on a regular picked run is called out from home to report for work within the hour, the Company employee will notify, be paid a 4 hour minimum call out. Such call out hours will not be used in writingthe calculation of overtime under Article 11:00. 9:04 When a spare Operator is called and not available for work, the employees intended next in point of service will be called and so on until the vacancy for a spare Operator is filled. Spare Operators who have been called and are not available shall lose their turn. 9:05 The City will select the Operators to be laid offsent on charter trips outside the City limits. 9:06 When forces are reduced, at least two Operators shall be taken off in the reverse order of seniority and will retain all rights and privileges. Operators furloughed on account of reduction in forces will be privileged to work elsewhere and retain their seniority. They must maintain on record with the City their correct address and renew same every thirty (230) working days days. Operators will be called back to service in advance, with a seniority order according to the following procedure. The City will advise each Operator to be recalled by registered mail or telegram. A copy of such said recall notice will be furnished to the Union Grievance Committeerepresentative. The Company An Operator receiving such notice will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report same by registered mail or telegram within seven (7) days, advising the City that the employee will be available for work on service, which date must not be later than fifteen (15) days from the date specifiedthe City forwarded recall notices. In extenuating circumstances the fifteen (15) day time limit may be extended at the discretion of the Manager of Transit & Parking. Furloughed Operators failing to comply with these regulations will forfeit their seniority rights and be considered as out of service. 9:07 An operator appointed to a position not governed by this Agreement provided the appointment is less than six (6) consecutive months, unless other arrangements shall have been madethe right to return to their position as Operator without loss of seniority. 9:08 An employee's employment shall be considered terminated and their seniority cancelled when: (a) the employee quits their employment, in writingor (b) the employee is discharged for cause, or (c) the employee overstays a leave of absence without reasonable cause. (a) An employee's seniority shall not be broken by sickness The parties agree to the following conditions regarding employees absent from work due to non- occupational illness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.accident: (bi) An employee's seniority shall be broken if During the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for first twelve (12) months or more, with of any such absence the exception that continuity City agrees to provide at its cost all benefits set out in articles 15:01 and 15:02. (ii) At the end of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of such twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical listmonth period, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company such employee will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate responsible for the job to which the employee is transferred. In case total cost of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherall benefits set out in Articles 15:01 and 15:02. (aiii) An The City agrees to maintain the seniority of such employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. (b) An employee who has accrued seniority is absent from work due to an occupational illness or accident for which WSIB is paid will be provided as follows: (i) During the first 24 months of such absence the City will provide at its cost all benefits set out in Articles 15:01 and is employed by Local 324 shall be granted Leave 15:02. (ii) At the end of Absence from the Company. The such month period such employee will go back to be responsible for the position they held prior to their leave upon returning from said leavetotal cost of all benefits set out in Articles 15:01 and 15:02. 12.11 An (iii) The City agrees to maintain the seniority of such employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3e) months or more. It is understood this does not apply to seasonal lay- offsthat the provisions of 9:08(d)(a)(iii) and 9:08(d)(b)(iii) must be interpreted and applied in a manner consistent with the provisions of the Human Rights Code.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. (i) The Employer shall maintain a seniority list for full-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be provided by the Employer to the Union on or before March 31st of the following year. (ii) The Employer shall maintain separate seniority lists for Regular Part-time employees showing accumulated hours worked in their regular position. An On-call employee who successfully bids into a regular part- time position will accrue seniority on an hourly basis, for all regular hours worked in their regular part-time position. For the purposes of bidding into a full-time position, an employee will use his/her original date of hire. Seniority accrued while working in a regular part-time position will be credited once the employee has successfully bid into a full-time position. A full-time employee who successfully bids into a regular part- time position will maintain their existing seniority and build upon it for all regular hours worked in their regular part-time position. (iii) It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreementupon an employee’s termination from employment, in whole or in part, the terms and conditions as set out in Appendix B their name will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective deleted from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticelist. It is also understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still criteria used in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or determining an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractoraltered. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave Leaves of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months months, or moreleaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Clause 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Clause 12.01(b) shall be considered as an interruption of employment. It is understood this does agreed that such leaves of absence shall not apply cause a loss of seniority, excepting for that period lost during the actual leave of absence. (d) Employees who leave the bargaining unit for any length of time to seasonal lay- offsfill any management position with the Employer, either permanently or temporarily, and then return to the Bargaining Unit shall retain their seniority excluding that period of service with management.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It 6.01 Departmental seniority and competency shall entitle employees to first consideration for promotion as opportunity shall offer and, in the manner, indicated by department promotion schedule. Inter-plant and inter-departmental seniority is understood not recognized, except as hereinafter provided. When a number of employees are considered as competent for promotion, seniority shall determine. In the reduction of forces and agreed reemployment, seniority shall determine. If disagreement exists in any case of promotion, discharge, layoff or reemployment, the case may be handled as a formal complaint in the manner herein before provided. 6.02 When an operation requires specially trained production employees, they shall be employed, retained, or rehired, when conditions demand, regardless of other factors involved. Whenever a situation arises that where article XII is in conflict with Appendix B makes necessary the use of the Collective Agreementabove, steps shall be taken promptly to correct the matter so that regular employees may be used. 6.03 The seniority of any employee is determined by the length of their service, computed in years, months, and days from the first date of their continuous employment. Time lost through disciplinary action, sickness or layoff shall not be deducted from employee's seniority records. Any regular employee hired after April 30, 1995, who is laid off prior to accumulating two (2) years of seniority, shall have recall rights by seniority for a period of two (2) years from the date of his last layoff. Any regular employee who has two (2) or more years of seniority as of the date of his last layoff shall maintain recall rights for a period equal to the length of his seniority, or five (5) years, whichever is less. Employees who go out on extended sick or accident leave will maintain their seniority for a period of two (2) years at which time their employment will be considered terminated. 6.04 Layoffs and leaves of absence shall not affect seniority standing, except as provided in Paragraph 6.02 above. When a leave of absence is granted in accordance with established leave of absence procedures negotiated with the Local Union, an employee shall not lose his seniority rights. Leaves of absence shall be recorded in the employment records. 6.05 Probationary employees shall not accumulate seniority, but if and when such probationary employees become regular employees, they shall be given seniority credit for all time worked as probationary employees. Probationary employees are new employees placed in a department for a period of four hundred and forty (440) work hours, after which they will be classified as regular employees or be dismissed as having failed to qualify for the duties required of them. 6.06 Any employee, upon being laid off due to shutdown, or reduction of forces, shall be responsible for keeping his address current with the Human Resources Department or appropriate HRIS system. The Company will furnish the Local Union with a list of all addresses and will furnish to the Local Union quarterly a list of addresses of new employees and of all changes in addresses of which it has been advised by the employees. In the event of recall, the Human Resources Manager shall notify each such employee, in whole his turn by the most convenient method. A copy of each such recall shall also be sent to the President of the Local Union. Upon direct or in partwritten contact, the terms employee will have 72 hours or until 5:00 p.m. of the third (3rd) workday from such contact, whichever is longer, to indicate acceptance or refusal of the recall. Saturdays, Sundays and conditions as set out holidays will be excluded, unless it is indicated to the employee that the Human Resources Department of the plant will be open on those days. If an employee accepts a recall, they must report for work within and not more than seven (7) calendar days from the date of their acceptance. Failure to comply with any of the requirements of recall will result in Appendix B the termination of the employee and the forfeiture of all of their seniority rights. If an employee on laid-off status to the street is recalled while on sick leave, they will supersede same 12.01 be recalled on paper and will remain on sick leave until released by their physician, pursuant to 6.03. The Company recognizes will keep a record of these transactions. Service records and employment lists shall be open to inspection to the principle Local President of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthe Union. 12.02 Employment of any new employee 6.07 Employees who voluntarily quit or are discharged for cause shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied if again employed by the Company. 6.08 Full seniority status shall be retained and accumulated by employees while acting as full- time officers or employees of the Local Union or as full-time officers or employees of the International Union, or as full-time national officers or employees of their desire to transfer or to be laid offthe American Federation of Labor - Congress of Industrial Organizations. The Company will provide the Union Grievance Committee, prior When requests are made in writing to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned Company by the completion President of seasonal activitiesthe International Union, Company-wide seniority will leaves of absence shall be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards granted to employees who are employed full time by the Company for a period of five (5) working days prior to any appointment to Union, and seniority shall accumulate during such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingleaves. The Company shall post notices not be obligated to have in camps showing the names effect at any time more than three (3) such leaves of successful applicants absence and may specify that application shall be made for all posted vacancies and newly created jobs. All postingsannual renewals of such leaves, internal and external, permanent or temporary which will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantgranted upon application. (c) A job that becomes vacant because 6.09 Any employee elected to public office in the incumbent has had Government of the United States or any State or to vacate it due to sickness full-time public office in the government of any county or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or of any city shall be granted a leave of absence not exceeding thirty (30) work days, for the period of his first term of active service in such elective office. Additional leaves of absence for service in any such elective office shall be classified as a temporary vacancy granted upon written application by the employee. Full seniority status shall be retained and accumulated by any such employee during the period of any such leave of absence. 6.10 A complete seniority list of all employees will be posted in each department on the bulletin board within fifteen (15) days after the signing of this Agreement and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturerevised quarterly. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp This list will be informed of such approximate date available to all employees at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingtimes. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

SENIORITY. It 11.01 Seniority shall be defined as length of continuous service with the Company within the bargaining unit from the most recent date of hire. Seniority for full-time employees shall apply amongst full-time employees and it is understood and agreed that where article XII is all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. Temporary employees will only have seniority rights over other temporary employees. Temporary employees who have completed their probationary period will be given first consideration for permanent positions that come available in conflict with Appendix B their current department, before new employees are hired. Seniority shall take effect after an employee has served his/her probationary period as referred to in Articles 10.01, 10.02 and 10.04. Upon completion of the Collective said probationary period an employee's seniority shall date back to his/her original date of employment. Seniority for employees hired the same day will be determined by date of application. 11.02 An employee shall cease to have seniority rights and his/her employment status with the company shall be terminated for all purposes if the employee: (a) is duly discharged by the Company and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of fifty-two (52) consecutive weeks; (d) has been laid off temporarily (for less than a period of fifty-two (52) consecutive weeks), in whole or in part, and is called back to work after a layoff and does not return to work within seven (7) calendar days of receiving a registered letter to his/her last known address unless alternative arrangements have been made with the terms Company; (e) is absent from work without an approved leave of absence for more than three (3) consecutive working days and conditions as set out in Appendix B will supersede samewho do not present satisfactory evidence showing they were unable to report for work; 12.01 (f) fails to return to work on the completion of an authorized leave of absence and who do not present satisfactory evidence showing they were unable to report for work. 11.03 The Company recognizes agrees to post on the principle of seniority. Seniority will govern subject to reasonable consideration of skillbulletin board outside the lunchroom, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked within thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to after the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, a list of employees covered by this Agreement as arranged in order of April 1sttheir length of service. Any employee who believes that his/her record of service has been incorrectly stated on such list may request that his/her standing be corrected. In the event the Company contemplates changing the posted list, showing Company seniority datesfor any reason, the Union shall be notified prior to any such change, and given reasons for same. The Company will endeavor agrees to have this make an up-to-date seniority list sent available to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of every three (3) months or morethereafter. 11.04 In cases of layoff and reductions of the work force, the probationary employees will be laid off first. It is understood this does not apply In all other cases of layoff, reduction of the work force and re-employment, seniority shall be the governing factor providing the employee has the immediate ability to seasonal lay- offsdo the normal requirements of the job. In all other cases of filling of new positions and filling of job vacancies, seniority shall be the governing factor providing the employee has the ability to do the normal requirements of the job. The Company will consider the individual qualifications of the employee, length of service in that position and the efficient operation of its plant and business.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency efficiency, and ability, ability in promotionspromotion, transfers, lay offs lay-off and recalls after lay- lay-off. Seniority for the purpose of this agreement shall mean all days worked, and working days which normally would have been worked but were lost as a result of sickness or injury certified by a licensed physician, dentist, or chiropractor, plus total number of days on vacation, holidays with pay, jury duty, bereavement leave and Company approved off-the- job training and to a maximum of thirty (30) days after lay-off, in any calendar year. Overtime work is not to be regarded as accumulative seniority time. It is agreed and understood that an employee’s seniority will be cancelled if there should be conclusive evidence that he would have been capable of performing his regular work while absent for medical reasons or that he worked elsewhere while on authorized leave of absence. An employee who is required by the Union to be absent from work for Union business will be granted leave of absence and will accrue seniority while on such leave of absence provided he returns to work on completion of the scheduled Union business. All employees will be credited with all service time accrued in the employ of the Company and in the employ of any predecessor Companies. Once the initial seniority list is established, employees will continue accruing seniority while in the employ of the Company. It is agreed and understood that the total accumulated days of seniority of each employee on the renewal date for the 1982 Agreement between the Company and the Union will establish the seniority order of each employee on the seniority list as per the provisions of the expired Agreement and that from that date, the order of seniority will remain fixed and can only be altered by the termination of employment of any of the employees on the seniority list. In which case, those listed on the seniority list below the employee who terminates, will climb upwards to fill the vacancy. All new employees to be added in the order of hire. 12.01 (b) Seniority will be set up and maintained on a Department Basis - The Departments shall be as follows: Department 1- Comprised of all employees in the ▇▇▇▇▇ Operation except those in Department II. Department II - Comprised of all employees in the garage and machine shop, and those responsible for maintenance in the camps. An employee may transfer in or out of the garage on a posting, with his accrued seniority, however once he leaves the trade, he cannot return. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.sixty

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It is understood (a) Seniority for full-time Nurses shall commence and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective accumulate from the date of employment. Seniority for regular part-time Nurses shall accumulate on the basis of the number of paid hours in each calendar year including stat, sick and vacation hours. (ai) In the event a full-time Employee transfers to part-time status, their seniority will be maintained and accumulated on the basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer. (ii) In the event a full-time or part-time Employee transfers to casual status, their seniority shall be maintained on the basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer for purposes as defined at Article 5.1(a)(iv) below. (iii) In the event a part-time or casual Employee obtains a full-time position, their seniority will be credited on the basis of eighteen hundred and twenty (1,820) paid hours in service with the Employer equalling one (1) year of full-time service. (iv) Seniority will be applied shall accumulate for casual Employees on a Company wide the basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticepaid hours. It is understood and agreed that when layoffs are occasioned by seniority for casual Employees shall only be recognized for purposes of job postings. The casual Employee seniority ranking shall appear on the completion seniority list with a notation indicating “for purposes of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsjob posting only”. (b) The CompanyA seniority list showing each Nurse's name and professional category shall be posted before the end of February and August on one bulletin board in each office. For part-time Nurses only, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies seniority on such lists will be posted on expressed in terms of total paid hours. Complaints concerning the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies accuracy of less than thirty (30) calendar days duration. Newly created jobs such list will be posted on the bulletin boards by the Company for a period considered within twenty (20) worked days of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for posting and if no complaint is received within that time such jobs, unless they apply in writing within the five (5) day period. All jobs list will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreementpresumed to be accurate. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or If a further time as may be mutually agreed, if further training time complaint is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor received it will be awarded responded to within twenty (20) worked days from the postingdate the complaint was received. The Company shall post notices in camps showing the names A copy of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary such list will be forwarded sent to the Union office. Once Bargaining Unit President at the successful applicant has been appointed, the Company will forward to the Union a list time of all applicants and identify the successful applicantposting. (c) A job that becomes vacant because Seniority dates on the incumbent has had above list will determine the effective date of salary increments. Regular part-time Nurses will be entitled to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty one (301) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from increment within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies salary schedule for each eighteen hundred and third shifts when created for twenty (1,820) paid hours in the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any service of the reasons set forth above provided howeverEmployer, that being the job is still in effect and it is not filled by a senior employee who for reasons equivalent of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearyear of service. (bd) An employee who has accrued seniority and is A newly employed by Local 324 full-time Nurse shall be granted Leave of Absence from the Companyconsidered a probationary Nurse until they have completed four hundred and twenty (420) hours. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees A newly hired part-time nurse shall be offered alternate employment in accordance with Section 12.01 to meet considered a probationary nurse until they have completed four hundred and twenty (420) hours. After which the Company's labour requirements, and if such employees require training to perform full-time and/or the alternate employment effectively, they part-time nurse shall be trained by placed on the Company, provided that the jobs they have applied seniority list with full seniority commencing from their date of hire subject to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsarticle 5.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. It A pilot who is understood sick or injured shall retain and agreed that where article XII continue to accrue his seniority until he is in conflict with Appendix B of the Collective Agreement, in whole able to return to duty. Return to duty shall be subject to a reasonable qualifying period. RETURN TO DUTY A pilot returning from sickness or in part, the terms injury shall be permitted to resume his status and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of exercise his seniority. Seniority If his previous assignment no longer exists he will govern subject be allowed to reasonable consideration exercise his seniority to whatever assignment his seniority will allow him to hold, provided he is otherwise approved to do so. FLIGHT CREW OBLIGATIONS All flight crew must report any illness or medication to a approved aviation doctor if it may affect flight duties. Refer to the Policy and Procedures Manual for further guidelines. A l l EXPENSES, LODGING AND TRANSPORTATION MEAL ALLOWANCE Crew (except as otherwise indicated in when on duty, will be made based on a Away From Base system as outlined below. other pilots will have their for their pairing calculated by the Time Away From Base figure for the pairing by one and seventy cents ($1.70) Canadian per hour For the purposes of skillthis Section, efficiency and abilityTime Away from Base be defined as the amount of time from when the is required to report for duty at the start of a pairing, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established released from duty at the end of this period and shall be effective from the date of employment. (a) Seniority a pairing as per Section diem rate will be applied adjusted to offset the difference for any pairing that one or more periods in the United States. each with a of applicable flown and their associated time away from base used in of the meal the exchange rate used in the be included, as as the paid. This be with the pay stub on which the meal allowance was paid. CREW REST FACILITIES facilities be provided for crew rest: to hours adequate for on duty flight crew only if one is to hours day room for each be provided (at the companies discretion) for duty time recovery purposes. the case a Company wide basis day room is provide the crew may be required to work a duty as provided for in recallsand single room for each an adequate be defined as a room separated from any passenger or waiting area, promotions, transfers from camp to camp and layoffs. When layoffs in which there are required due seating arrangements to the completion crew. HOTEL STANDARDS Accommodation Review Committee, comprised of seasonal operations, or a part thereof, representativefrom each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, and the Association shall monitor accommodations available to pilots, hotel selection, and future accommodation alternatives. to establishing hotel accommodations at new layover points, or changing existing accommodation, the Company shall consult with the Accommodation Review Committee within ninety (90) days after the start-up date of the new base. If the committee was not involved in the hotel selection prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, start up the Company will forward not sign any binding contract until the committee has been consulted. Any cost incurred directly relating to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp hotel standards committee will be informed paid by the association including meals lodging and transportation. any significant substantiated deterioration of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or accommodation is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested reported in writing by the employee before Association Committee representative, the elapse of twelve Company shall, within seven (127) full months or lay-off. 12.07 The Company agrees to submit to days, investigate the Union an alphabetical listsituation and take appropriate action. GROUND TRANSPORTATIONSTANDARDS required, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list crew transportation shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held responsibility of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-Toronto ▇▇▇▇▇▇ (Tree Length Skidding) shall applyAirport the Company will utilize a reputable licensed cab company, or Company transport in order to transport employees from the rate Terminal Buildings to parking at the Piedmont Hawthorne at the north end of the job classificationairport. will not normally be required to share ground transportation with passengers. transportation does not leavewithin a reasonableamount of time such that a crew‘s minimum rest period may be affected, whichever is higher. or there would be adverse consequences to the integrity of the Company’s operations, or any period longer than thirty (a30) An employee who has accrued seniority minutes past the end of the crew’s duty day, the crew may use any other reasonable means of transportation to the hotel, and/ or the Company parking facility, and is then employed may claim reimbursement for expenses for such transportation. ground transportation standards shall be monitored by the Union shall retain such accrued seniority for a period not exceeding one Accommodation Review Committee. When any reasonable concerns are brought forth in writing by the Association Committee representative, the Company shall, within seven (17) year. (b) An employee who has accrued seniority FLIGHT CREW DRESS CODE AND GROOMING STANDARDS Uniforms will be worn and is employed maintained according to standards prescribed by Local 324 shall be granted Leave of Absence from the Company. The Under no circumstances will a pilot be required to purchase both a cargo and an airline uniform unless a change in uniform is required due to an employee will go back bid from cargo to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted airline flying or transferred to a position with vice versa. If the Company outside makes changes in the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipmentsupplier, style, color, or due to curtailment of operations, affected employees shall materialof the uniformAssociationrecommendationsregarding any such changes will be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained considered by the Company. If the Company introduces any changes in color or style for any item changed prior to the replacement schedule, provided that the jobs they have applied Company shall pay one hundred percent (100%) of the cost involved. After twelve (12) months of employment the Company shall pay one hundred percent (100%) of the replacement cost for the following items: shirts pair of trousers (if required as determined by the uniform administrator) The Company will pay fifty percent (50%) of the cost of any additional items up to be trained for are expected to last for a period of the full replacement schedule. After three (3) months or more. It is understood this does not apply years of employment the Company shall pay one hundred percent (100%) of the replacement cost of the leather jacket (if required as determined by the uniform administrator) The Company will pay fifty percent (50%) of the cost of all uniforms, which will be deemed to seasonal lay- offs.have a useful life of twelve

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) The Board shall maintain a Seniority List showing the date upon which each regular employee's service commenced. Each employee's Seniority Date shall commence from the first day of work pursuant to Article 1 (b) and (c). An up-to-date Seniority List will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due sent to the completion Union in January of seasonal operations, or a part thereof, each year. Union Members will have 30 working days to report any errors and lack of the employees so affected such reporting will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms mean information accepted to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffstrue. (b) The CompanyFor the purpose of prevention and settlement of grievances in respect of the administration of Article 4 (a), when filling vacanciesin instances where the first day worked is equivalent, will do so from within the bargaining unit in accordance with Article XIIthen alphabetic application of names shall apply. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of For this Agreement. Employees accepting the posted jobs purpose surnames shall be allowed five (5) work days in which to qualifyfirst, (or a further time as may be mutually agreed, if further training time is required)followed by given names. Failure The senority date of an employee who is employed as of December 31, 2013, will not be adjusted as a result of changes to qualify shall entitle them to return to their former job without loss of seniority Article 4(a) or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant(b). (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to If an employee at their given address at least fourteen (14) days before they are required is transferred to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless a Supervisory position or any other arrangements have been made, in writing. (a) An employee's seniority shall position not be broken covered by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee he shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued his seniority for a period not exceeding of one (1) year, provided he keeps up his union dues. This period may be extended by agreement between the Board, and the Union, in consultation with the employee. (bd) An If an employee who has accrued is absent from work because of sickness, accident, lay-offs, or leave-of-absence approved by the Board, he shall retain and accumulate seniority and is employed by Local 324 rights. (e) In the event the Board shall merge, amalgamate, or combine any of its operations or functions with other School Districts, the Board agrees to the retention of seniority rights for all its employees with the new District. (f) After continuous service as a Casual Employee, personnel assigned to a bulletined position will be granted Leave a seniority date as of Absence from the Company. The first day of such continuous service, provided the employee will go back is appointed to the same position they held prior that casual service was provided in. Continuous service will not be interrupted by illness or authorized leave-of-absence. This Article applies only to their leave upon returning from said leaveappointments made after March 1, 1979. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood The Company respects and agreed that where article XII is in conflict with Appendix B recognizes seniority. Employees are entitled to a degree of security based upon the length of service. An employee will be considered on probation and will not be subject to the seniority provisions of this Agreement nor shall his name be placed on the seniority list until after he has completed forty five (45) days of work. Upon completion of the Collective Agreement, in whole or in partprobationary period, the terms employee's name and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee seniority number shall be considered as probationary until they have worked thirty (30) days within a six-month periodplaced on the appropriate seniority list with seniority dating from the date he was last hired by the Company. Seniority Where more than one employee is hired on the same date, the seniority of new such employees shall be established at the end of this period and as their assigned number indicates. The seniority list shall be effective from revised and posted at quarterly intervals within the first two (2) weeks of each calendar quarter. A Copy of such revised list shall be provided to each Committeeman. All employees' names shall appear on the seniority list as of their last date of employment. (a) Seniority hiring and will be applied on numbered accordingly. In the event of a Company wide basis work shortage for the purpose of lay-offs, seniority will govern providing the remaining employees in recallsquestion are willing, promotionsable and qualified to perform the jobs available without training, transfers from camp to camp and layoffsbut with basic reasonable instruction. When layoffs recalling employees who have been previously laid-off seniority will govern providing those former employees in question are required due willing, able and qualified to perform the completion of seasonal operationsjobs available without training, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance but with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticebasic reasonable instruction. It is understood however, that basic reasonable instruction applies only to an expansion of jobs they have had previous experience with on their personnel file. When lay-offs occur and agreed that when layoffs job changes are occasioned by required for those employees retained, senior employees will not be assigned to lower Classifications and pay grades where jobs are available within their then current pay classification, which such, senior employees have performed satisfactorily in the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working dayspast. It is agreed however, also understood that temporary appointments whenever possible seniority will prevail for employees to remain in their current position. Upon mutual agreement between the Company and the Union the parties may be made without posting for filling vacancies enter into an arrangement applying the concept of less than thirty (30) calendar days Inverse Seniority on layoffs. The application is intended to cover layoffs of a limited and known duration. Newly created jobs will be posted on a circumstance arises that appears to fit the bulletin boards by concept the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants promptly and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken jointly determine if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service Inverse Seniority provision will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offapply. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It 2.01 Regular employees shall not acquire seniority rights during a probationary period of fifty (50) worked days of accumulated service, unless a longer period is understood mutually agreed upon by the Union and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms Company and conditions as set out in Appendix B such agreement will supersede same 12.01 The Company recognizes the principle of senioritynot be unreasonably withheld. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee This shall be considered as called the probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective apply to newly hired employees. However, if an employee is continued in employment after such period, seniority shall commence from the date commencement of such continuous employment. The Company will endeavour to give probationary employees the necessary training to acquire the skill required and to review their performance after twenty-five (25) worked days in the presence of a Union Representative, and if necessary extend the probationary period long enough to allow the employee to acquire the necessary skills. (a) In lay-offs, recall after lay-offs, transfers and demotions, seniority shall be the governing factor, provided the senior employee has sufficient ability and qualifications to perform the work. It is agreed that in these circumstances senior affected employees may displace junior employees regardless of class provided they possess the sufficient abilities and qualifications to perform the work. Seniority will shall be applied exercised on an overall basis within the Company's plant for full time employees and on a Company wide departmental basis in recalls, promotions, transfers from camp for part- time employees. For the purpose of a part time lay off all part timers shall revert to camp and layoffstheir department of hire. When layoffs are required due Part timers leaving work prior to the completion of seasonal operations, or their shift on a part thereof, each of the employees so affected will day to day basis shall not be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms considered to be supplied by the Company, of their desire to transfer or to be laid a lay off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The CompanyAll students, when filling vacancies, will do so from within probationary employees and part-time employees shall be laid-off prior to the bargaining unit in accordance with Article XIIlayoff of a full-time employee. Notice A list of impending vacancies employees to be laid-off will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded provided to the Union office. Once local union Executive, concurrent with the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing.being issued (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority Seniority records shall be broken if the employee quits, or is discharged posted and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit made available to the Union an alphabetical list, in duplicate, Secretary-Treasurer of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafteron a quarter annual basis. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It Seniority is understood and agreed that where article XII is in conflict determined by the length of service of an employee with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from since the date of most recent employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due subject to the completion of seasonal operationsfollowing provisions. In vacancies, or a part thereof, each of the layoffs and rehirings preference shall be given to employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises their length of service with the Company, prior providing the employee has the capability of satisfactorily performing thejob at the time thejob vacancy, layoff or recall occurs. If a question arises as to whether an employee can satisfactorily perform thejob, a "refresher" period with proper instruction of up to five (5) working days will be allowed for the effective date of the advance notice and in writing on forms employee to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticedemonstrate that can do thejob. It is understood and agreed that when layoffs are occasioned by an employee will not be trained for thejob to which may "bump" or to which may be recalled from layoff. Where, during a reduction in the completion of seasonal activitiesworkforce, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit a displaced employee is unable to in accordance with Article XII. Notice above, such employee shall exercise seniority to displace a less senior employee working on a similar machine type and receive a training period of impending vacancies will be posted on the camp bulletin board for at least up to five (5) working days. It If there is agreed howevernot a less senior employee working on a similar machine type, that temporary appointments may be made without posting for filling vacancies of such employee shall displace a less than senior employee in Manufacturing and receive training according to the following schedule: Job Classes up to five days Job Classes up to fifteen (1 5) working days Job Classes up to thirty (30) calendar working days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five Job Classes up to ninety (590) working days prior An employee who is unable to any appointment perform the work upon completion of training period may exercise seniority to displace the least senior employee in the "labour pool" or, if no "labour pool" exists, shall be placed on the lay-off list and be subject to recall. It is understood that Manufacturing personnel shall not displace trades and craft personnel, unless fully qualified; nor shall trades and craft personnel displace manufacturing personnel unless such jobs, stating displacement is the normal job requirementsresult of a reduction in the work force in the respective skilled trades area or is due to bona fide medical reasons. Employees It is understood that trades and craft personnel shall not be considered for temporary or permanent in Manufacturing unless such jobsbid results from a reduction in the work force in the respective skilled trades area or is due to bona fide medical reasons. Trades and craft personnel shall include Plant Electricians, unless they apply in writing within the five (5) day periodPlant Electricians Industrial Mechanics, Machinist-Millwrights, Pipefitter-Millwrights, Welder-Millwrights, and Lift Truck Mechanic; excluded are Repairmen, Lubricator Inspector and Roll Grinders. All jobs will be filled from among the qualified applicants on the basis When there occurs a breakdown of Section 12.01 equipment, or lack of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualifymaterials or other manufacturing irregularities, (or a further time as an employee may be mutually agreed, if further training sent home without regard to seniority for a definite period of time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least or a total of two (2) days within any one (1) month, to a maximum of ten (1 0) days per calendar year. Such procedure would be termed a temporary adjustment in the working days in advance, with a copy of such said notice force. If it becomes necessary for an operator or helper to leave the plant prior to the Union Grievance Committeeend of the the Company will provide work for either the Operator or the Helper, as the case may be, for the remainder of the shift. The Company will provide give an employee with three (3) years or more seniority, two weeks' (2) weeks notice of layoff layoff. All employees who have completed eighteen (1 8) months service will be given notice in accordance with the case of shutdowns Employment Standards Act. Any employee who is laid off due to market conditions or plant shutdowns. It is understood however that this lack of work, after the date hereof, shall not apply in cases lose earned seniority of full or partial cessation of operations due to weather or an act of God. 12.05 When service with the approximate time of recall is known at the time of layoff, employees leaving camp Company and shall accrue seniority rights during such absence from employment providing such absence from employment has not continued more than eighteen (18) months. An employee recalled from layoff will be informed guaranteed a minimum of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 of work. date of hire, at which time shall be granted Leave of Absence from the Companyconsidered a regular employee and be credited with previous service. The dismissal of a probationary employee will go back to shall not be the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to subject of a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees grievance. Seniority shall be offered alternate employment in accordance with Section 12.01 to meet lost for the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.following reasons:

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency efficiency, and ability, in promotions, transfers, lay offs and recalls after lay- offlay offs. An employee who has established seniority and is then employed on a full-time basis by the Union shall retain his seniority for a period not exceeding twelve (12) months. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-six (6) month period. Seniority of new employees shall be established at At the end of this period and period, his seniority shall be effective from established, and he shall be placed on the date seniority list in order of employmenthire. During the probationary period the Company may terminate an employee without Union representation. (a) Seniority will be applied on a Company wide basis in recalls, promotions, In transfers from camp one job classification to camp and layoffsanother, senior employees shall receive first consideration. When layoffs are required due In such cases, an employee shall receive the rate for the job to the completion which he is transferred. In case of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer temporary change to a lower job for which they are qualified, provided that, having received advance notice in accordance with section 12.04classification, the employee advises shall retain the Company, prior to the effective date rate of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffshis previous job classification. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed agreed, however, that temporary appointments may be made without posting for filling vacancies of less than thirty two (302) calendar days weeks duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, jobs unless they apply in writing within the this five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this the Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, qualify (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them him to return to their his former job without loss of seniority or benefits. In An employee who has accepted a posted job and has qualified will not be entitled to apply for or permanently hold any other job at an equal or lower rate of pay for a period of six months, unless being displaced as a result of layoff or bumping, or unless the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingjob being posted is a steady day job. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postingsAn employee who has accepted a posted job and has qualified as mobile equipment operator, internal and externalmillwright, permanent electrician, filer, oiler, ▇▇▇▇▇▇▇▇▇ or temporary grader will not be forwarded entitled to apply for or permanently hold any other job at an equal or lower rate of pay for a period of one (1) year, unless being displaced as a result of layoff or bumping, or unless the Union office. Once the successful applicant has been appointedjob being posted is a steady day job or a trades position such as millwright, the Company will forward to the Union a list of all applicants and identify the successful applicantelectrician, ▇▇▇▇▇▇▇▇▇, or filer. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witnessvacation, and/or a leave of absence absence, or movement to another temporary vacancy resulting in a vacancy that exceeds four (4) weeks and is not exceeding thirty expected to exceed one (301) work days, year shall be classified as a temporary vacancy vacancy, and shall be filled according to the provisions of Section 12.03(b12.03 (b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their his return to work shall once again occupy the job that they he had filled prior to vacating for any of the reasons set forth above above, provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their his former job job, has exercised their his seniority on this particular job. 12.04 In case cases of layoff which is lay-off due to exceed two (2) working daysmarket conditions or due to the introduction of new methods and equipment, the Company will notifynotify in writing the employees intended to be laid off, at least five (5) working days in advance and in cases of lay off due to shortage of work, the Company will notify in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to and the Union Grievance CommitteeCommittee will receive a list of the employees affected, prior to the intended lay-off. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in In cases of full promotions, demotions, lay-offs, or partial cessation of operations due to weather or an act of Goddischarges, the Union Grievance Committee shall be notified in advance. 12.05 When a) If the approximate time of recall is known at the time of layofflay off, employees leaving camp the employee concerned will be informed of such approximate date at that time. But in . b) In all other cases notice in writing, will be sent by registered mail, to an employee at their his last given address at least fourteen seven (147) calendar days before they are he is required to report for work. It shall be the responsibility of the employee to keep the Company informed, in writing, of any changes in his postal address. c) Employees will be are required to acknowledge receipt of such notice and report for work on the date specifiedspecified in the recall notice, unless other arrangements have been made, made in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 12.06 The Company agrees to submit to the Union an alphabetical list, Office by January 31st of each year a list in duplicate, of employees covered by this Agreement Agreement. This list will show each employee's occupation, address, and Company service in days as specified in Section 6.03, as at December 31st of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafterprevious year. 12.08 12.07 A seniority list shall be prepared for the operation and its contents shall be available to all employees showing their seniority standing. The list shall be brought up to date at the end of each month and posted monthly in each camp the lunch room. 12.08 An employee shall lose his seniority rights and forwarded to the Union office showing his name will be removed from the seniority list if he: 1. Quits voluntarily. 2. Is discharged and not reinstated. 3. Fails to return from a leave of absence on the date and posting/position held specified, unless his return to work on time is prevented by circumstances beyond his control. 4. Fails to report for work on the date specified following lay off, unless his return to work is prevented by circumstances beyond his control. 5. Is laid off for more that twenty-four (24) consecutive calendar months. Employees with five (5) years or more continuous service will retain recall rights for a period of each employee with the Companythirty-six (36) months following date of layoff. 6. Retires (normal retirement age is 65). 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued his seniority for a period not exceeding one twelve (112) yearmonths from the date of promotion or transfer, and shall have the right to exercise his seniority in accordance with all the provisions of this Article upon proof of Union Membership in good standing. 12.12 12.10 When jobs are discontinued due to the introduction of new methods and equipment, equipment or due to curtailment of operations, affected employees shall be offered alternate employment on remaining jobs, in accordance with Section 12.01 Article XII, to meet the Company's labour requirements, requirements and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of . 12.11 An employee with three (3) months or moremore years of continuous service for whom no job is available can, upon termination, elect to receive a severance allowance of one week's pay for each year of employment during his last period of continuous service (up to the date of termination) computed on the basis of forty (40) straight time hours at the employee's regular rate. It is understood that an employee who chooses to receive his severance allowance will be terminated from his employment waiving his recall rights pursuant to this does not apply to seasonal lay- offsagreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood A. Traditional principles of seniority shall apply to employment covered by this agreement as to any requests for annual vacation for a calendar year from January 1 through December 31. The selection of vacation periods for the following calendar year shall be submitted by each employee between December 1 and agreed December 15 and notification shall be given to the employee by December 31, if his or her vacation request has been approved; but, if the employer does not notify an employee by December 31 of each year that where article XII is in conflict with Appendix B of his or her vacation requests have been approved or denied, then the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at notify the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and administrator in writing on forms to or before January 7, and if the administrator/employer does not notify the employee that his or her vacation request has been approved or denied by January 22 of that year, then the vacation request shall be supplied by the Company, of their desire to transfer or to be laid offapproved. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application Traditional principles of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases to additional requests for vacation made after December 31 of full or partial cessation of operations due to weather or an act of Godeach years. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen B. Compensatory days off require three (143) days before they are required to report for worknotice whether earned or awarded. Employees will be required to acknowledge receipt The Chief of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitsPolice, or is discharged and not re-instatedhis designee, if may waive the three (3) day notice requirement. If the employee fails to report for work following recall as provided in Section 12.05 give notice to the employer within the above-described time periods, principles of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service seniority will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offapply. 12.07 The Company agrees C. Upon all other things being equal, traditional principles of seniority shall apply to submit to the Union an alphabetical list, in duplicate, of employees employment covered by this Agreement as to shift transfers, reductions in force, and promotions, where the qualifications of April 1stthe eligible employees are equal, showing Company except where the promotions are governed by N.J. Dept. of Personnel statutes, rules or regulations. D. A master seniority dateslist based on the above definitions shall be maintained and a copy supplied annually to the Association in October of each calendar year. The Company will endeavor list shall indicate the official seniority standard of all members of the Police Department. E. Traditional principles of seniority shall apply when officers are needed to have this list sent work overtime, unless specialized services are needed. Overtime is to be offered first to the Union by the rank position that is being replaced, when on duty supervisors are not adequate to provide sufficient supervisors. Overtime will be offered first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing officer of the seniority date same rank as the position being replaced on the prior shift as a holdover, and posting/position held then to the officer of each employee with the Company. 12.09 In transfers from one job classification same rank on the succeeding shift to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate report early for the job minimum hours necessary to which the employee is transferredprovide supervision. In case of a temporary change If neither accepts it will be offered to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate other officers of the job classification, whichever is higher. (a) An employee who has accrued same rank by seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirementsfirst, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsminimum four-hour call-back will apply.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any 10.01 A new employee Employee shall be considered as a probationary until they Employee and shall have no seniority for the first 640 hours worked thirty (30) days within a six-month period. Seniority of new employees at which time he shall be established at the end of this period considered a regular Employee and shall be effective placed on the seniority list at that time with seniority from the original date of employmentemployment in the bargaining unit. The time limit in this section may be extended by mutual agreement of the Company and the Union for a period of no more than three (3) months. 10.02 In respect to promotions, demotions, up-grading, or transfers of Employees, seniority and ability shall be the guiding factors in selecting the Employee who is regarded the most suitable. Where the ability is relatively equal between two or more Employees, seniority in London shall be the deciding factor. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, Any position that becomes vacant or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied created by the Company, Company shall be posted for a period of their desire at least seven (7) days on Taleo or such other resources as the Company may use from time to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffstime. (b) The CompanyCompany also agrees to a promotion board consisting of three (3) members representing the Company and two (2) Employees representing the union. One (1) of the Company representatives shall act as Chairman and will have no voting power except in the case of a tie vote. The Company agrees that the Union may select their board members at random and that these members may change from time to time, when filling vacanciesas required. This board will meet as necessary to consider all matters relating to promotions, will do so from within demotions, and out of town transfers of Employees. The action of the bargaining unit in accordance with Article XII. Notice of impending vacancies will board shall be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the union bulletin boards provided by the Company for a period of five within three (53) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantmeeting. (c) A job that becomes vacant because The line of promotion will be from Serviceman II to Serviceman I to Senior Technician, unless otherwise agreed to by the incumbent has had to vacate it due to sickness or injurypromotion board. 10.03 In all cases of lay off and rehiring, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, Employees shall be classified as a temporary vacancy laid off and rehired in order of their bargaining unit seniority and shall be filled according to the provisions retain seniority for a period of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, years from the Company date of lay off. Sickness and accident benefits and group insurance will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or during lay off. If an act of God. 12.05 When Employee withdraws his pension contributions during this period, he shall reenter the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingpension plan immediately upon reemployment. (a) An employee's seniority shall not be broken In the case of an Employee transferred to a Supervisory position or an Employee who terminates their employment and is subsequently rehired by sickness or injury certified by a licensed physicianthe Company, licensed dentist or licensed chiropractor. (b) An employee's only bargaining unit seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time retained by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than providing this occurs within twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical listcalendar months, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ Employee becomes a probationary Employee (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearnew hire). (b) An employee who has accrued Company seniority with respect to vacations and benefits shall not be reduced. 10.05 The Company shall provide the Union with an up to date list of seniority standing of all Employees covered by the agreement, showing both bargaining unit seniority and is employed by Local 324 shall be granted Leave Company date of Absence from the Company. The employee will go back hire and agrees to the position they held prior bring such lists up to their leave upon returning from said leavedate each six (6) months. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood 10.01 Seniority' shall mean an Employee's length of service, calculated in regular hours worked and agreed that where article XII is in conflict with Appendix B of divided by one thousand eight hundred twenty (1820) from the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityappointment date (Article 31.03 - Definitions). Seniority will govern subject to reasonable consideration of skill, efficiency and ability, shall be affected as described below in promotions, transfers, lay offs and recalls after lay- offArticle 10.02. 12.02 Employment of any new employee shall 10.02 Seniority accrual will be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at affected in the end of this period and shall be effective from the date of employment.following circumstances: (a) Seniority will The seniority of Employees who were in YusApuY Unit 1 positions prior to the ratification of this Agreement, where hours of work were other than full-time, (one thousand eight hundred and twenty (1820) hours per year), shall be applied determined on a Company wide pro-rata basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04the proportion of full-time hours worked, the employee advises the Company, prior to the effective date of the advance notice and except as provided for elsewhere in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticethis Agreement. It is understood agreed, however, that such Employees shall accrue seniority for unpaid hours to a maximum of four hundred fifty-five (455) hours per year. If, for reasons other than layoff, an Employee, affected by this article, accepts another position in the bargaining unit, seniority from the date that the Employee starts the new position will henceforth be calculated as outlined in Article 10.01 above, and agreed that when layoffs are occasioned by the completion provisions of seasonal activities, Company-wide seniority this Article will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsno longer apply. (b) The Companyseniority of Employees who were in YusApuY Unit 3 prior to the ratification of this Agreement, when filling vacancies, will do so from within the bargaining unit shall be calculated in accordance with the provisions of Article XII10.01. Notice of impending vacancies Seniority will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevercalculated from December 2, that temporary appointments may be made without posting for filling vacancies 1996 or date of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee position in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantbargaining unit. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or An Employee who takes a leave of absence not exceeding thirty (30) work days, shall be classified as without pay to fill a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still full-time position in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due shall continue to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of accrue their applicable seniority during such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingleave. (ad) An employee's Temporary Employees may use their accrued seniority shall not be broken by sickness or injury certified by to apply for a licensed physicianposition as provided for in Article 12 - Job Posting, licensed dentist or licensed chiropractorfor a maximum of four (4) calendar months after completion of the temporary assignment. (be) An employee's Employees, while on sick leave, shall continue to accrue their applicable seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 a period of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse or until expiration of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classificationsick leave credits, whichever is highergreater. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 11:01 Seniority shall commence and accumulate from the date on which the employee last commenced work with the Employer. Supply Staff shall accrue seniority on the basis one (1) year equals one thousand, six hundred and seventy-three (1,673) hours of work at regular rates of pay. 11:02 A new employee shall be on probation until he or she has worked a period of six (6) months and paid according to the salary schedule for the job. Supply Staff shall be on probation until he or she has worked a total of eight hundred and forty (840) hours at regular rates of pay. During the probation period an employee shall be subject to rights under the grievance procedure except that an employee may be terminated based on a lesser standard of performance than required for an established employee. If retained after the probation period such employee's seniority shall be dated from the day he or she commenced work. 11:03 An up to date seniority list shall be posted on the appropriate bulletin boards in January of each year. Separate seniority lists shall be provided for: (a) full time and regular part time staff, and (b) supply staff. An employee on the supply list who becomes established in a full time or regular part time position shall have their seniority date established based on one (1) year equals one thousand, six hundred and seventy-three (1,673) hours of work at regular rates of pay. The seniority list(s) will be considered correct unless the employee disputes the accuracy of the list within thirty (30) days from the date the list(s) were posted. 11:04 The Employer agrees that in the event of a layoff, employees shall be laid off in the reverse order of their seniority and where it is necessary to rehire former employees, they shall be re-employed in the reverse order in which they were laid off. During such period of layoff an employee shall continue to accrue seniority for a period up to twelve (12) consecutive months but shall not be entitled to any other benefit except the right of recall to work. 11:05 It is understood and agreed that where article XII is in conflict with Appendix B all cases of the Collective Agreementpromotions to a higher job class, decrease in whole or in partforces and recall after layoffs, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee following factors shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment.considered: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise ability to perform the district will be the unit of application of seniority on seasonal layoffs.work, (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, seniority. Where ability to perform the Company will notify, in writing, the employees intended work is considered to be laid offequal, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or determining factor. 11:06 A temporary vacancy is discharged and not re-instated, if the employee fails defined as a vacancy scheduled to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for be less than twelve (12) months or more, with in duration. 11:07 In the exception that continuity of service event an employee engaged in a temporary position works continuously for a period beyond the time specified in Article 11:06 such employee shall become established and entitled to all the benefits under this collective agreement. 11:08 Seniority shall be forfeited and employment will extend up to, but not more than twenty-four (24be terminated if: 1) months if requested in writing by the employee before the elapse of twelve (12voluntarily quits their employment; 2) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay discharged for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.proper cause;

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is 11.1 Employees will be considered on probation until they have completed 60 days of actual work in conflict with Appendix B the service of the Collective AgreementCompany. If considered to be unsuitable during the probationary period, employees will be subject to an investigation under Article 24.2, after which such employees may not be retained in whole the service. 11.2 Seniority lists will be maintained for each seniority group showing seniority numbers, names, positions, location and date of last entry into the Company's service on or for a position covered by such seniority group, from which date seniority will accumulate. Seniority lists shall be updated and posted at the headquarters locations of all employees concerned, on or before June 30 and December 31 of each year. A copy of said list shall also be furnished to the Union representatives of the employees. The date the seniority list is posted at each location will be shown on the seniority list. The designated National Representative of the Union shall, at any time and upon request, be provided with an updated copy of the seniority list. 11.3 The name of an employee shall be placed on the seniority list immediately upon being employed on or for a position covered by this agreement. Employees transferred to an excepted position or on leave of absence will have appropriate notation placed opposite their names. Casual help shall not establish seniority under this agreement. Extra and unassigned employees will remain on the seniority list providing that they assume a regular position bulletined under paragraph 12.1 within eighteen months from the first day of compensated service as an extra and unassigned employee. Failure to do so will result in partextra and unassigned employees forfeiting their seniority and their names will be removed from the seniority list. 11.4 Protests respecting seniority status must be submitted in writing within 60 calendar days from the date seniority lists are posted. When proof of error is presented by employees or their representative, such 11.5 No change shall be made in the terms seniority date accredited an employee which has appeared on four consecutive seniority lists unless the seniority date appearing on such lists was protested in writing within the 60-calendar-day period allowed for correctional purposes. Names which have not appeared on four consecutive seniority lists shall not be restored to such seniority lists except in accordance with paragraph 11.13 or by agreement with the designated National Representative of the Union. 11.6 Employees with less than one year's seniority who, while filling a position under this agreement, accept a non-supervisory position under another wage agreement shall forfeit their seniority under this agreement and conditions as set out in Appendix B will supersede sametheir names shall be removed from the seniority list. This shall not apply when employees accept temporary and/or relief work under another wage agreement but should such temporary and/or relief work extend into a continuous period exceeding six months they shall forfeit their seniority under this agreement and their names shall be removed from the seniority list. 12.01 The Company recognizes the principle 11.7 Employees with one year's seniority or more who, while filling a position under this agreement, accept non-supervisory work under another wage agreement shall be permitted to perform such work for a continuous period up to six months without loss of seniority. Seniority will govern subject However, provided they can hold work in their own seniority group, they must return to reasonable consideration such group at or prior to the expiration of skill, efficiency such six months' period or forfeit their seniority rights under this agreement and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee their names shall be considered as probationary until removed from the seniority list. After return from work under another wage agreement, employees must remain on a position covered by this agreement for a continuous period of at least six months. If they have worked thirty (30) days within return to work under another wage agreement before the expiration of such six months, except when 11.8 The provisions of paragraphs 11.6 and 11.7 shall not apply to employees who, while holding seniority rights under another wage agreement, obtain employment and establish seniority rights under this agreement. If such employees, while filling a six-month period. Seniority position under this agreement, exercises their seniority under the provisions of new employees another wage agreement, their names shall be established at the end of this period and shall be effective removed from the date of employmentseniority list. Employees shall not be regarded as having exercised seniority rights when used for emergency service only. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion The name of seasonal operations, employees holding seniority under this Agreement who were (i) filling permanent official or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance excepted positions with section 12.04, the employee advises the Company, or its subsidiaries, prior to June 14, 1995, will be continued on the effective date of seniority list and shall continue to accumulate seniority until June 30, 1996. Following this period, such employee shall no longer accumulate seniority but shall retain the advance notice and in writing seniority rights already accumulated up to June 30, 1996. (ii) who, on forms to be supplied by or after June 14, 1995, will fill permanent official or excepted positions with the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committeeits subsidiaries, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continued on the seniority list and shall continue in other districts to accumulate seniority for more than a period of one year after the date of appointment. Following this period, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated. (1iii) week, otherwise the district who are temporarily promoted to an official or excepted position will be the unit of application of seniority on seasonal layoffs.continue to accumulate seniority (b) The CompanyWhen employees are released from such excepted employment, when filling vacanciesexcept at their own request or as provided in paragraph 12.19, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments such employees may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior exercise their seniority rights to any appointment position in their seniority group which they are qualified to such jobs, stating the normal job requirementsfill. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to They must make their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is choice of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notifyposition, in writing, within ten calendar days from the employees intended to be laid off, at least two (2) working days in advance, with a copy date of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice release from excepted employment and report for commence work on such position within 30 calendar days from the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return release from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesexcepted employment. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectivelyFailing this, they shall forfeit their seniority and their names shall be trained removed from the seniority list. Note: When an employee is temporarily promoted to an excepted position: (i) for less than one hundred and eighty (180) days by reason of the Companyregular incumbent having elected Maternity or Child Care Leave, provided that the jobs they have applied to be trained or (ii) for are expected to last for a period of three less than one hundred and twenty (3120) months or more. It is understood this does not apply to seasonal lay- offs.days in all other cases,

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee 3.01 Employees shall be considered as probationary until they have worked completed sixty (60) working days, within a six (6) month calendar period provided that management completes monthly progress evaluation reports and shares them with the Union and the employee. If management chooses not to complete monthly progress reports, then the probationary period is thirty (30) days within a sixworking days. During this period, employees shall acquire no seniority rights and may be laid off or terminated at the Employer's discretion, provided they are informed as to whether they are terminated or may be recalled. After said period of employment, the names of such employees, excluding Floater Employees, shall be placed on the seniority list in the order of the date of commencing employment. 3.02 Commencing with the fifth (5th) month from their date of employment, employees on the seniority list shall be considered as regular employees for purposes of this Collective Agreement. 3.03 Lay-month period. offs and recall shall be based on seniority as determined by the Seniority List, with the least senior employee being laid-off first, and the most senior laid- off employee recalled first, provided the employee affected has the ability to competently perform the work involved. 3.04 In cases of new promotions or demotions of employees, skill, ability and efficiency of the employees shall be established at the end of this period given primary consideration and where such factors are equal, seniority shall be effective from the date of employmentgoverning factor. (a) Seniority will be applied on a Company wide basis in recalls3.05 The Employer agrees to inform the Shop ▇▇▇▇▇▇▇ or Union Representative of intention to lay-off, promotions, transfers from camp recall or promote employees when requested to camp and layoffs. When layoffs are required due to the completion of seasonal operationsdo so. 3.06 New jobs, or a part thereofvacancies occurring in present jobs, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working daysPlant Bulletin Board. It is agreed however, that temporary appointments may Applications shall be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company accepted for a period of five (5) working days prior to any appointment to such jobsfrom the date the notice is posted. "Regular" employees, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent given first consideration in filling such jobs or vacancies, provided, however, the employee affected has the ability to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for competently perform the work on the date specified, unless other arrangements have been made, in writinginvolved. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority 3.07 It shall be broken the right of the Employer to engage, apart from seniority if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such casesnecessary, an employee in any classification who shall receive the rate qualify as a first-aid attendant in accordance with Workers' Compensation Board requirements, provided current employees are given reasonable opportunity to apply for the job to which the employee is transferred. In case position of a temporary change to a lower job classificationfirst-aid attendant. 3.08 When so requested, the employee Employer shall retain notify the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Shop ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) shall apply, or in writing as to the rate date of the job classification, whichever is higheremployment of each new employee. (a) 3.09 An employee who has accrued seniority and will not be permitted to work in refrigerated areas unless there is then employed by another person working in such area on the Union shall retain such accrued seniority for a period not exceeding one (1) yearsame shift. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected 3.10 Regular employees shall be offered alternate employment in accordance with Section 12.01 to meet listed on the Company's labour requirements, Seniority List and if such employees require training to perform the alternate employment effectively, they shall be trained by with full seniority rights from their date of hire as such. Such date shall also apply for purposes of those benefits based on continuous service. 3.11 When the CompanyEmployer intends to hire an employee for regular work, provided that the jobs they have applied subject to be trained for are expected Article 4.01(c) – Floater Employee, it shall first give consideration to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.those employees engaged in regular work, before hiring

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. (a) An employee, other than anyone hired and designated as temporary, shall acquire seniority status after he/she has been in the employ of the Company for a probationary period of one hundred and eighty (180) consecutive days. It is understood and agreed that where article XII in cases of absence beyond ten (10) consecutive days, the Company may extend the probationary period by the total number of consecutive days absent. (b) Seniority shall govern on all occasions when: (i) a layoff which the Company expects to remain in effect for more than one (1) week occurs provided employees are sufficiently qualified. Sufficiently qualified shall be deemed to mean that the employee is in conflict with Appendix B qualified to perform the normal duties of the Collective Agreementjob. In the event of a workforce reduction, in whole or in part, the terms and conditions employees designated as set out in Appendix B temporary will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbe terminated before any regular employee. 12.02 Employment of any new employee shall be considered as probationary until they have worked (ii) a transfer or a promotion to a classification included in Schedule "A" which the Company expects to remain in effect for more than thirty (30) days within a six-month periodoccurs, provided however, that the senior employee has qualifications equal to or better than those of other employees. Seniority of new employees shall be established at If any such temporary layoff, transfer or promotion should subsequently become permanent, or exceed the end stipulated time limits, the provisions of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. clause (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to shall apply immediately but such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs application shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantretroactive effect. (c) A job that becomes vacant because For the incumbent has had purpose of this Agreement, seniority shall be calculated from the date an employee first enters the bargaining unit under this Collective Agreement with the Company or its predecessor. Employees who leave the bargaining unit and transfer to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work daysnon-bargaining unit role, shall be classified maintain and continue to accumulate seniority for thirty-six (36) months of subsequent employment with the Company or its predecessor except that following thirty-six (36) cumulative months of subsequent employment, only seniority accumulated as a temporary vacancy member of the bargaining unit will be maintained. It is understood by the parties that this paragraph applies only to employees who leave the bargaining unit and transfer to a non-bargaining unit role, subsequent to January 28, 2007. It is understood that employees who left the bargaining unit, for any reason, prior to January 28, 2007 shall maintain and continue to accumulate seniority for the total period of their subsequent employment with the Company or its predecessor. An employee’s seniority shall be filled according lost if the employee is laid off for more than eighteen (18) months. This paragraph shall not apply to the provisions of Section 12.03(b) anyone hired and the job posting will note that it designated as temporary. An employee, other than anyone hired and designated as temporary, who is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created laid off for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, weeks or less as the result of a layoff which the Company will notify, expects to remain in writing, the employees intended to be laid off, at least effect for two (2) working days weeks or less, will be credited with seniority for such period upon return to work from such layoff. (d) When an employee who has been in advancea classification for twenty-six (26) or more consecutive weeks is regressed to a lower classification due to lack of work, with a copy of such said notice to the Union Grievance Committee. The Company he/she will provide two be given four (4) weeks' notice of layoff in the case of shutdowns due to market conditions such regression or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known paid at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherhigher classification in lieu of such notice. (ae) An Seniority shall terminate and an employee who has accrued seniority and is then shall cease to be employed by the Union shall retain such accrued seniority for a period not exceeding one (1Company if: i) year. (b) An the employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence absent from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate active employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.twenty-four

Appears in 1 contract

Sources: Memorandum of Agreement

SENIORITY. It 9:01 Seniority is understood and agreed that where article XII is in conflict with Appendix B defined for the purposes of this agreement as the length of service within the bargaining unit of an employee of the Collective AgreementPlant, in whole computed from the date of hiring or the date of transfer into the bargaining unit, (as covered by Clause 12:13 below) or in partthe case of a part time employee computed from a date to be determined and governed as follows. During the probationary period, the terms and conditions as set out in Appendix B part time employee will supersede same 12.01 The Company recognizes be credited with hours worked to include hours paid for under Article XVIII. To determine the number of credited days such employee has, calculations will be made on the principle that each eight (8) hours worked and/or paid will equal one (1) day of senioritycredit towards days worked for the purposes of clause 9:02 below. When a part time employee has sixty (60) credited days their seniority date will be calculated by back dating sixty (60) calendar days from the date of completion of the probationary period, then from the established date onwards such employee’s seniority will be calculated on the same basis as a full time employee. Seniority will govern subject shall apply only to reasonable consideration the extent provided in this agreement. Service is defined for the purposes of skill, efficiency and ability, this agreement as the length of service while in promotions, transfers, lay offs and recalls after lay- offthe employ of the Company from the date of the employee’s last hiring. 12.02 Employment 9:02 An employee having less than sixty (60) worked days of any new employee service shall be considered as a probationary employee and will have no seniority rights in regard to lay off or dismissal until they have worked thirty for the Company for an accumulated period of sixty (3060) worked days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months month period and shall then be placed on the appropriate seniority lists. The Union may request an explanation of the Company’s decision to dismiss or morelayoff a probationary employee; however, with such dismissal or layoff cannot be the exception that continuity subject of service will extend up to, but not more than twenty-four (24) months if requested a grievance. A “worked day” for the purpose of this clause shall be considered a day in writing by which the employee before the elapse of twelve (12) full months or lay-offreported for work including overtime days. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. 9:03 The Company will endeavor to have this list sent to the Union by the first of May of maintain separate seniority lists in each year thereafterDepartment and will indicate therein, those employees classed as part time. 12.08 A 9:04 The Company will maintain separate plant wide seniority list shall be prepared lists and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Companywill indicate therein, those employees who are classed as part time. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. 6.01 Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered defined as probationary until they plant length of service in years, months, and days. Employment shall be deemed to have worked thirty (30) days within a six-month periodcommenced on the day on which the employee was last hired to work with the Company. Seniority of new those employees hired on the same day shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise by their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted initial placement on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who shall be considered a probationary employee until they have completed one hundred and twenty (120) calendar days of cumulative employment with the Company. Upon completion of the probationary period, such an employee's seniority shall date from their last hiring date. An employee will be deemed not to have completed their probationary period if there has accrued seniority and is then employed by the Union shall retain such accrued seniority for been a period not exceeding one (1) yearyear interruption of service and must not have refused offered employment. (b) An A grievance may not be presented with respect to the discharge or lay-off of a probationary employee. Such an employee who has accrued is entitled to all other rights and privileges accruing under this Agreement except as they are expressly limited by the terms of the Agreement. (c) Notwithstanding the provisions of this Section 6, students will not acquire seniority and may be terminated by the Company at any time. It is employed agreed that the termination of a student will not be subject to the grievance and arbitration procedures. In addition, students will not be eligible to participate in the Group Insurance Programmes. (d) If an employee working in production who holds a valid trade ticket, becomes a successful applicant to a Trades position for the first time, the employee must complete a three hundred and sixty (360) cumulative hours trial period in order to demonstrate their capability for such position. (a) Lists of new and rehired employees and employees laid off for lack of work showing their length of continuous service will be sent to the President or any other officer designated by Local 324 the Union. The Company will establish a Seniority and Recall list showing each employees’ seniority, and will post such lists so that they are available to employees at all time. This list will be kept current to give effect to all changes. The Company will furnish the Union with a copy of the seniority list and list of current mailing address and telephone number of each bargaining unit employee. These lists will be furnished to the Union upon request. The Union agrees not to make such requests more frequently than once every three (3) months. (b) The Union will furnish the Company with a complete copy of the Officers of the Union whenever a revision is made. 6.04 The Company acknowledges that an employee's complaint with respect to their position on the seniority list which is not satisfactorily adjusted shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leavetreated as a grievance. 12.11 6.05 An employee who is promoted or transferred employee's continuity of service shall not be deemed to have been broken under the following conditions: (a) During a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding lay-off up to one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected year for employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.less than two

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It Section 8.1 Seniority Seniority is understood defined as the length of continuous service in the bargaining unit since the last date of hire. Section 8.2 The following rules shall apply for filling all vacancies, layoffs and agreed that where article XII is recalls: a) The employer will advise the Union by E-mail, fax or mail of all anticipated or actual vacancies. All vacancies shall be advertised over the two-way radio or other device twice in conflict with Appendix B the a.m. runs and twice in the p.m. runs for three (3) days after the posting of the Collective Agreementvacancy. b) New or vacant positions that the Company intends to fill shall be posted for three (3) working days at the Kingston Terminal. Qualified spare drivers, banked drivers, and drivers on lay off shall be contacted personally. Postings and communiqués shall include the route number, whether it is a single or double run, total route minutes, general route description, route centre point, time of the first pick up and the time of the last drop off. Employees wanting to bid on a posted run shall do so in whole or in partwriting to the Company within the time frame of the posting. c) In filling vacancies, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityroute selection process shall apply. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new An employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice appointed in accordance with section 12.04, the employee advises the Company, prior this Article shall not be able to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending fill further vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any months following that appointment or the commencement of a new school year unless the appointment to such jobs, stating the normal job requirements. Employees run occurred at the annual selection process; d) Successful applicants shall not be considered for such jobs, unless they apply in writing begin the route within the five (5) day periodworking days of the end of the posting period and shall have been assigned where the vacancy exists. e) In the event of an elimination of a run during the work year, the affected employee shall have the right to: i. accept the layoff with recall rights for eighteen (18) months and move to the spare driving list subject to their availability; ii. All jobs will bump the most junior employee within a ten (10) kilometer radius of the centre point of the employees former route by seniority on a temporary basis if necessary until a route becomes available subject to the route selection process; Section 8.3 In the event of a layoff or recall, the Company shall consider: a) the seniority of the employee; b) the qualifications and skills of the employees; where the qualifications are relatively equal, the employee's seniority shall be the determining factor. Section 8.4 The parties agree that from time to time temporary transfers to another Stock location may be necessary and such transfers shall be filled from among only on a voluntary basis by the qualified applicants on employees. If an employee temporarily transfers to another Stock location the basis employee shall maintain his seniority, wages, and benefits and membership within the Union with the same force and effect as this bargaining unit. Section 8.5 Seniority lists including the name and employee’s date of Section 12.01 of this Agreement. Employees accepting the posted jobs hire, and route number shall be allowed prepared and posted by the Company with one posted no later than September 30 of any given year and an updated one on March 31. The Company shall also provide a copy for the Union within five (5) work days in of posting. Section 8.6 During the first ninety (90) calendar days of their employment an employee shall be considered on probation during which to qualify, (or a further time as he may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority discharged or benefits. In disciplined for any reason at the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded Company’s discretion subject to the Union officegrievance and arbitration procedure. Once After completion of their ninety (90) calendar days probationary period an employee's name shall be placed on the successful applicant has been appointedseniority list, with seniority dating from the Company will forward date he first commenced to work for the Union a list of all applicants and identify the successful applicantEmployer. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) 8.7 An employee's seniority shall be broken terminated for the following reasons: a) if the an employee voluntarily quits, or ; b) if an employee is discharged and is not re-instated, if reinstated pursuant to the employee fails to report for work following recall Grievance Procedure as provided in Section 12.05 of this Agreement, ; c) if the an employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees and has refused to submit return to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.work within forty eight

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis Except as otherwise provided in recallsthis rule, promotions, transfers from camp to camp and layoffs. When layoffs are required due to seniority begins at the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffstime employee's pay starts. (b) The Company, when filling vacancies, Seniority of employees promoted to bulletined positions will do so date from within the bargaining unit in accordance with Article XII. Notice date of impending vacancies will be posted their assignment on the camp bulletin board for at least five bulletined positions, except that when an employee so promoted fails to qualify on such bulletined position within twenty (520) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty to sixty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (560) work days in which to qualifydays, (or he/she will not acquire a further time seniority date as may be mutually agreeda result of filling such position, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In except that the event there are no successful biddersRailway will have the right, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded upon notification to the Union office. Once General Chairman or his/her designate, to extend the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicanttrial period beyond 60 days. (c) An employee accepting and qualifying for a position in any rank will thereby establish the same seniority date for himself in all lower ranks. (d) A job promoted employee will retain his/her seniority rights in the bank from which promoted. (e) To the extent consistent with other agreements, Maintenance of Way Employees furloughed (that becomes vacant because are qualified) will be given preference over new hires when a vacancy opens at the incumbent has had bottom of seniority rosters in the starting grade of other Company crafts or departments. An employee moving to vacate it due another department pursuant to sickness or injurythis sub-paragraph shall lose his/her Maintenance of Way seniority upon qualifying in the other craft, vacationfailing to qualify, bereavement leave, jury duty, subpoenaed witness, and/or a leave will return to the Maintenance of absence not exceeding thirty (30) work days, Way Department with all rights and privileges restored. The sub-paragraph shall be classified as a temporary vacancy and shall be filled according to conditioned on application of the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingRule 7. (af) An employee's seniority shall not be broken by sickness or injury certified by a licensed physicianSeniority rights of all employees to promotion, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitsnew positions, or is discharged vacancies and not re-instateddisplacements, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by over the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the entire Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with 2.01 Upon completion of ninety (90) days worked, employees covered by this Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as deemed to have served their probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees period and then shall be established at placed on the end seniority list of this period part-time employees and their seniority shall be effective from date back to the date of employmentfirst day they commenced work for the Employer. (a) Seniority will shall only be applied acquired and exercised on a Company wide basis in recalls, promotions, transfers from camp to camp an overall bargaining unit region basis. Lay offs and layoffsre-employment shall be based on region seniority. When layoffs are required The seniority rights of an employee shall be terminated after twelve (12) months following lay off due to lack of work. In the completion event of seasonal operations, or a part thereof, each of an opening occurring in the full-time staff employees so affected will be permitted to exercise their seniority and transfer to a job covered under this Appendix shall receive preference for which they are qualified, provided that, having received advance notice such full-time position in accordance with section 12.04, the employee advises the Company, prior to the effective date article 10.09 of the advance notice main body of the agreement provided they have the necessary seniority, ability and in writing on forms qualifications to be supplied by perform the Company, normal requirements of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsposition. (b) The Company, when filling vacancies, will do so from within the bargaining unit Part-time employees are expected to attend work in accordance with Article XII. Notice their schedule of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basishours. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ unable to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writingattend, the employees intended must notify the Pharmacist on duty at the location that they were scheduled to be laid offwork as soon as possible but in any event, at least two (2) working days in advancehours prior to commencement of the scheduled shift of the employee, with a copy of such said notice wherever possible, giving the reasons why they are unable to the Union Grievance Committeeattend. The Company will Employer shall provide two weeks' notice the employees with telephone numbers and the names of layoff management representatives of whom to contact in the case event of shutdowns due to market conditions absenteeism or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godillness. 12.05 When (c) Part-time students who quit their employment to attend a Post-Secondary Institution shall be given first priority for re-hire upon completion of their school term. If re-hired, the approximate time Employer shall provide their former rate of recall is known pay that they earned at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent they had quit to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingattend school. (a) An employee's Hours of work, up to and including twenty-eight (28) hours, shall be allotted according to bargaining unit seniority shall not be broken by sickness or injury certified by a licensed physicianstore, licensed dentist or licensed chiropractorproviding the senior employee(s) has the necessary skill and ability and knowledge to perform the work and is available. (b) An employee's seniority Hours worked in excess of twenty-eight (28) hours per week, including call-ins, shall be broken if offered by seniority in the employee quitsstore once all part-time employees have reached twenty-eight (28) hours per week. In the event no one in the store is available, or other employees from within the region may be called. (c) Employees may decline any call-in shifts that may be offered. (d) In addition to that which is discharged and not re-instated, if the employee fails to report for work following recall as provided set out above in Section 12.05 2.03, any employee who believes the above intent or call in's for additional hours are not being fairly administered by the Employer, before the filing of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time a grievance by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, and a representative of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) Pharmacy shall apply, or meet as soon as possible to examine the rate of the job classification, whichever is highersituation and use their best efforts to resolve such matter. (a) An employee who has accrued seniority 2.04 It is agreed and is then employed recognized by both the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued Employer that due to the introduction nature of the Employer's business, it may be necessary to employ both full-time and part-time employees. The Employer agrees that part-time employees will not be scheduled to work in excess of twenty-eight (28) hours per week, except in the following circumstances: (i) when full-time employees are absent; (ii) to cover off for vacations; (iii) from December 1st to January 1st; (iv) during promotional periods where a major increase in business is anticipated; (v) during the period from May 15th to September 15th; (vi) for the two (2) weeks previous to and eight (8) weeks directly following the opening of a new methods store and equipmentthe commencement date of promotional activities in a store which has been completely refurbished; (vii) during the six (6) working days immediately preceding a statutory holiday; (viii) two (2) weeks for training purposes; (ix) if there is an industry shortage of pharmacy employees and the Employer is actively recruiting subject to Appendix ‘‘A’’, or due to curtailment Article 2.03 (a). 2.05 In the event a part-time employee temporarily works forty (40) hours per week in excess of operationssixteen (16) consecutive weeks, affected employees shall be offered alternate employment excluding those hours worked in accordance with Section 12.01 Article 2.04 and further, excluding any replacing of a full-time employee who may be off on WSIB or disability, a part-time employee shall reclassified to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsfull-time service.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It 7.1 Seniority as used herein is understood and agreed that where article XII is designated as the right accrued through length of service which entitles employees to certain preferences provided for in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs in all cases of layoff, rehire, promotions or demotions due to increasing or decreasing forces, accumulated length of service within the department assigned and the employees ability to perform the available work shall govern. The right to release or rehire employees who have not completed the probationary period shall be vested solely and exclusively in the Company. (A) For the purpose of clarification concerning departmental seniority and work assignments there is one department: 1. Generator Field Service (B) In the event of a reduction of forces in any department employees from the affected department shall be offered employment in another department providing that an opening exists and the affected employee has the ability to perform the available work. It is further understood that employees will be paid the rate of pay that pertains to the classification of work they are occasioned performing if it is outside their permanent classification. Employees from one department cannot displace employees in another department because of a reduction of work forces. It is also agreed that no employee is obligated in any way to accept employment in another department because of a reduction of work forces. (C) The Company may add, combine or remove departments by amendment to this agreement as business plans or economic conditions change. 7.2 Newly hired employees shall be added to the seniority list after completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than their probationary period of one (1) weekcalendar year and/or eighteen hundred (1,800) compensable hours, otherwise the district will be the unit with full service credit from their date of application of seniority on seasonal layoffsemployment. 7.3 Seniority shall not be forfeited during absences from work as a result of: (bA) The CompanyAn industrial accident; (B) A bona fide illness or off the job injury; (C) An authorized leave of absence, when filling vacancies, will do so from within vacations and layoffs not to exceed ninety (90) days; or (D) Entrance into the bargaining unit in accordance with Article XII. Notice Armed Forces under the provisions of impending vacancies will any applicable State or Federal law. 7.4 Seniority of an employee shall be posted on forfeited if the camp bulletin board employee: (A) Quits or is terminated for at least five cause; (5B) working days. It is agreed however, that temporary appointments may be made without posting Is laid off for filling vacancies lack of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company work for over a period of five ninety (590) days; (C) Overstays an authorized leave of absence; or (D) Has an absence for three (3) consecutive scheduled working days prior to any appointment to without notifying the Company, except where the employee can prove such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. notice was impossible. 7.5 The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward submit to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the its employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoffsigning the Agreement and every six (6) months thereafter, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An giving each employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractorclassification and date of hire. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Electric Shop Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 7.1 Upon completion of the Collective Agreement, in whole 45 consecutive working days or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) 45 cumulative working days within a six-twelve month period, the employee's surname will be placed upon a seniority list in order of first day of employment during the year in which the probationary period commenced. Seniority of new Where two or more employees attaining seniority were hired on the same day, their seniority shall be established at governed alphabetically according to the end original surname under which they were hired. 7.2 For the purpose of this period and Article "regular employee" shall be effective from refer solely to those employees in the date of Bargaining Unit whose employment.: (a) Seniority will is considered or expected to be applied on a 52 weeks-a-year basis; or (b) is such that an employee completes 39 weeks, which must amount to 195 full days' service with the Company in a 12 month period. 7.3 The seniority list shall be maintained by the Company on an office-wide basis and the list shall be posted on the Union bulletin board quarterly. A copy shall be furnished to the Office Committeeperson. 7.4 The Office Committeeperson shall receive two (2) days' notice in advance of all lay-offs and recalls. In discharge cases the Office Committeeperson shall be notified in advance. 7.5 In cases of lay-offs, recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to demotions (except where a demotion is the completion result of seasonal operations, or a part thereof, each of disciplinary action) the employees so affected will following factors shall be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied considered by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one : (1a) week, otherwise the district will be the unit of application of seniority on seasonal layoffs.seniority (b) The Companybasic qualifications and ability to perform the work When factors in (b) are relatively equal, when filling vacancies, will factor (a) shall govern. 7.6 Employees transferred to the Dresden Office from another location shall do so from within as non-seniority employees. All other Company benefits will continue without interruption. 7.7 Employees who presently hold or are hereafter promoted to positions in the bargaining unit in accordance with Article XII. Notice of impending vacancies Company outside the Bargaining Unit will be posted given recognition of the seniority that they had in the Unit at time of transfer to such a position. The exercise of such seniority shall not be used to permit the annual return of such employees to the Bargaining Unit, nor shall it be used to cause the demotion or lay-off of a seniority employee. 7.8 After completion of the final pack of the season, seniority employees on Schedule "A" will be entitled to a minimum of 14 days' notice of lay-off. All other seniority employees will be entitled to two days' notice. In case the camp bulletin board for at least five (5) stipulated notice is not feasible, the employee will receive pay in lieu of notice. 7.9 When it is necessary to reduce the working daysforce, employees will be laid off in the following sequence: 1. Schedule "A" - Probationary Employees 2. Schedule "A" - Seniority Employees It is agreed however, understood that temporary appointments seniority employees may be made without posting required to carry out any function of the office operation as directed. When a seniority employee is temporarily transferred to a higher paying job for filling vacancies the convenience of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of at least seven and one half (7 ½) hours of work within two (2) consecutive work days, he/she shall receive a higher rate for all such hours worked. When a seniority employee is temporarily transferred to a lower paying job he/she shall not thereby receive a change in his/her regular hourly rate. Recall shall work in reverse order for seniority employees. 7.10 The seniority rights of any employee shall be considered broken, all rights forfeited, and there shall be no obligation to rehire, when he/she: (a) voluntarily terminates his/her employment with the Company. (An employee who is absent for five (5) consecutive working days without legitimate reason or without first receiving permission from the Company, may be considered to have left the Company's service of his/hers own accord). (b) is discharged, and the discharge is not reversed through the Grievance Procedure. (c) fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method of contact by telephone, or if unable to contact by telephone, notice (a copy of which shall be given to the Office Chairperson), mailed to the last known address of the employee, shall constitute a reasonable effort on the part of the Company. If, within five (5) working days prior of notice having been mailed to any appointment him by certified post to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants his/her last known address shown on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful biddersPersonnel Office records, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postingsfails to report to duty, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, make arrangements with the Company will forward to the Union a list of all applicants and identify the successful applicant. report within seven (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (27) working days, the Company will notifyshall be entitled to assume that the said employee has voluntarily forfeited his/her right to return to the Company's employ. In urgent cases, in writinghowever, where it is necessary to secure workers, the employees intended Company, if unable to be laid offcontact the senior eligible employee by telephone, at least two after reasonable effort, may recall the next senior employee and so on down the list until the vacancy is filled. Employees recalled under such circumstances shall retain the positions to which they are appointed until the senior eligible employee is available. Provided the employee with whom the Company was unable to communicate in time and to whom a notice has been mailed to his/her last known address (2) working days in advance, with a copy of such said notice which shall be given to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14Office Chairperson) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and advises the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.within five

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis The principle of seniority shall apply as set forth in recallsthis Article 10 in cases of promotion, promotionsdemotion, transfers from camp to camp transfer, lay off and layoffs. When layoffs are required due recall, in connection with jobs covered by this Contract, subject to the completion of seasonal operations, or a part thereof, each of ability to perform the employees so affected will work. There shall be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice no discrimination in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsapplying this provision. (b) The Company, when filling vacancies, will do so from within the bargaining unit When it is necessary to fill vacancies in accordance with Article XII. Notice of impending any department such vacancies will be posted on filled by conducting a poll, in order of seniority, of all employees classified in the camp bulletin board department who applied for at least five (5) working daysthe vacancies. It is agreed however, that temporary appointments may be made without posting for filling Upon completion of this polling process the resultant vacancies of less than thirty (30) calendar days duration. Newly created jobs will shall be posted on the bulletin boards by at the Company two plant entrances for a period of four (4) full working days. Employees applying for such vacancies must do so on the forms provided. The employee with the greatest plant seniority who applied for such vacancy shall be placed on the job providing he is qualified to perform the necessary requirements of the job. Employees wishing to withdraw their application for a vacancy must do so, in person, to the Human Resources Department before the posting period expires. When a vacancy is filled or when an employee bumps into a classification in which there is more than one shift schedule in operation the senior employees in that classification will have the right to select the shift schedule of their choice. Employees will be limited to qualifying for five (5) working days prior to any appointment to such jobs, stating the normal job requirementsvacancies per contract year. Employees This limitation shall not be considered for such jobs, unless they apply to bumping during reductions in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days force or to increases in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantforce. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a Temporary vacancies are vacancies caused by authorized leave of absence not exceeding thirty (30) work daysabsence, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the sickness, vacations, job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies period and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of layassignments which last thirty-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.one

Appears in 1 contract

Sources: Collective Bargaining Contract

SENIORITY. It is understood and agreed that where article XII is (A) Rights accruing to employees under their seniority entitles them to consideration for positions in conflict accordance with Appendix B their length of service with the Collective AgreementCarrier, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offhereinafter provided. 12.02 Employment of any new employee (B) An applicant for employment will be required to fill out and execute the Carrier's application forms and pass required physical and visual examinations, and his employment shall be considered as temporary until application is approved. Applications for employment will be disapproved within one hundred twenty (120) calendar days after date first service is performed, or applicant shall be considered accepted. *For the position of Signal Maintainer, this probation period may be extended by up to sixty (60) days. (C) In the event applicant gives false information, the Carrier will have the right to disapprove such application after the hundred twenty (120) calendar day probationary until they period* has expired if the information involved was of such a nature that the employee would not have worked thirty been hired if the Carrier had timely knowledge of it. (30D) days within a six-month period. Seniority of When new employees enter the service, if their work is satisfactory and application for employment is not declined within hundred twenty (120) calendar days*, their names shall then be established at listed on the end seniority roster with a seniority date as of this period and shall be effective from the date of employment. (a) Seniority first paid service. Two or more employees entering the service in the same rank on the same date will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted shown on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants roster on the basis of Section 12.01 the higher of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure last four digits of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefitsSocial Security number. In the event there those numbers are no successful biddersidentical, the junior employee in higher of the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded next digit to the Union office. Once left within the successful applicant has been appointed, Social Security number will determine the Company will forward to the Union a list of all applicants and identify the successful applicantorder. (cE) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt keep the Carrier advised of such notice their current address and report for work on the date specified, unless other arrangements have been made, in writingwhere applicable their current telephone number. (aF) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall Except as otherwise provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, seniority rights of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall these rules may be prepared and posted monthly exercised only in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationvacancies, the employee shall retain the rate new positions, reduction of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherforces. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood (a) Seniority for full-time Nurses shall commence and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective accumulate from the date of employment. Seniority for regular part-time Nurses shall accumulate on the basis of the number of paid days in each calendar year. i) In the event a full-time Employee transfers to part-time status, her seniority will be maintained and accumulated on the basis of one (a1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer. ii) In the event a full-time or part-time Employee transfers to casual status, her seniority shall be maintained on the basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer for purposes as defined at Article 5.1(a)(iv) below. iii) In the event a part-time or casual Employee obtains a full-time position, her seniority will be maintained on the basis of eighteen hundred and twenty (1,820) paid hours in service with the Employer equalling one (1) year of full-time service. iv) Seniority will be applied shall accumulate for casual Employees on a Company wide the basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticehours worked. It is understood and agreed that when layoffs are occasioned by seniority for casual Employees shall only be recognized for purposes of job postings. The casual Employee seniority ranking shall appear on the completion seniority list with a notation indicating “ for purposes of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsjob posting only”. (b) The CompanyA seniority list showing each Nurse's name and professional category shall be posted in February on one bulletin board in each office and shall be revised yearly. For part-time Nurses only, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies seniority on such lists will be posted on expressed in terms of total hours worked. Complaints concerning the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies accuracy of less than thirty (30) calendar days duration. Newly created jobs such list will be posted on the bulletin boards by the Company for a period considered within twenty (20) worked days of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for posting and if no complaint is received within that time such jobs, unless they apply in writing within the five (5) day period. All jobs list will be filled from among the qualified applicants on the basis presumed to be accurate. A copy of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor such list will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded sent to the Union office. Once Bargaining Unit President at the successful applicant has been appointed, the Company will forward to the Union a list time of all applicants and identify the successful applicantposting. (c) A job that becomes vacant because Seniority dates on the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave above list will determine the effective date of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturesalary increments. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of layRegular part-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp Nurses will be informed of such approximate date at that time. But in all cases notice in writing, will be sent entitled to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. increment within the salary schedule for each eighteen hundred and twenty (b1,820) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave paid hours in the service of Absence from the Company. The employee will go back to Employer, being the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding equivalent of one (1) yearyear of service. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees (d) A newly employed full-time Nurse shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for considered a period of probationary Nurse until she has completed three (3) months or moreof continuous service. It is understood this does not apply to seasonal lay- offsA newly hired part-time nurse shall be considered a probationary nurse until she has completed four hundred and twenty (420) hours. After which the full-time and/or the part-time nurse shall be placed on the seniority list with full seniority.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 19.01 Seniority shall be calculated as follows: (a) For present employees hired prior to the date of certification, seniority will be calculated as of the Collective Agreement, in whole or in part, date of hire with the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offEmployer (non-bargaining unit time is included). 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30b) days within a six-month period. Seniority of new For all employees shall be established at the end of this period and shall be effective hired from the date of employmentcertification, seniority will be calculated as of the date of hire in the bargaining unit. (c) Seniority shall be established and commence from the employee’s date of hire in accordance with (a) or (b) above upon completion of six (6) calendar months employment with the employer which shall include time worked in or outside the bargaining unit. (d) For the purposes of calculating seniority in this Agreement, “date of hire” shall mean the employee’s taken on strength date which is the day the employee first worked a paid shift at a worksite, subsequent to successful completion of the required training and orientation sessions as prescribed by the Employer. An employee’s date of hire shall be the date used to calculate the employee’s probationary period in A. 19.01(c) and A. 25.08. 19.02 When two (2) or more employees commence work on the same day their respective seniority shall be determined in the following manner: (a) The employee who commenced work at the earliest hour of the day shall be senior; and (b) If (a) fails to resolve the order of seniority then seniority shall be established by placing the names of the concerned employees on paper in a container (hat) and then selected at random by concerned employees in the presence of a representative of the Local Union. 19.03 A seniority list as described above shall contain the name and date of seniority for each employee. The seniority list shall be maintained and revised each year in January by the Employer and placed in the Local Union Information Binder (see Article 6.01), with a copy forwarded to the President of the Local Union. 19.04 An employee who feels that he/she is improperly placed on a seniority list shall have sixty (60) days from the posting date to file a grievance in accordance with the grievance procedure in this agreement. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer Employees permanently appointed to a job position outside the bargaining unit shall retain their accrued seniority, but shall cease to accumulate, for which they are qualified, provided that, having received advance notice in accordance with section 12.04, a period not to exceed twelve (12) months from the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsappointment. (b) The CompanyEmployees temporarily appointed or on an acting assignment outside the bargaining unit shall retain and accumulate seniority for a period not to exceed ninety (90) days and shall retain their seniority for a period not to exceed twelve (12) months from the date of appointment/assignment. An employee appointed to a position outside the bargaining unit shall perform all of the duties of the position to which the employee is appointed, when filling vacanciesincluding reporting incidents of discipline and employee misconduct, will do so from except that the employee shall not be involved in the hiring process, nor shall the employee take an active role in the formal discipline process or be made privy to confidential information unless such information is necessary for the employee to perform the duties of the position appointed to. 19.06 An employee who resigns their position or is terminated by the Employer and within sixty (60) days is accepted for re-employment within the bargaining unit shall retain all previous rights or any benefits in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior relation to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply seniority contained in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs . 19.07 An employee whose employment is terminated while employed in this bargaining unit and who is subsequently re-employed, shall be allowed five (5) work days credited with previous seniority in which to qualify, (or the bargaining unit after accumulating a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss two (2) consecutive years of seniority or benefits. In in the event there are no successful bidders, the junior bargaining unit. 19.08 An employee shall lose their seniority and ceases to be an employee in the transition contractor will be awarded event that the posting. The Company shall post notices employee: (a) Is terminated for just and sufficient cause and is not reinstated by an Arbitrator under the grievance procedure. (b) Resigns their employment in camps showing writing or has their resignation confirmed in writing by the names Employer, and a copy of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded the Employer’s resignation confirmation letter is sent to the Union office. Once President of the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantLocal Union. (c) A Is laid off and not working at another job that becomes vacant because the incumbent has had and fails to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled within three (3) days after he/she has been notified by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice registered mail to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in last known address by the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitsEmployer, or is discharged and not re-instatednotified by any other means. However, if the employee fails to report for work following recall as provided in Section 12.05 is working at another job during the period of this Agreement, if the lay off such employee fails upon being notified to return to work by registered mail or any other means shall return to work with ten (10) days of being notified to return to work. (d) Works for a competitor in the security service industry while on leave from leave employment with the Employer without the written approval of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been Employer. (e) Is laid off in accordance with this Agreement for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherlonger. (af) An employee who has accrued seniority At any point in their employment is not bondable or fails to obtain appropriate employment clearances imposed by government agencies from time to time and is then employed by the Union shall retain are unable to secure such accrued seniority for bonding or appropriate employment clearances within a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a reasonable period of three (3) months or more. It is understood this does not apply to seasonal lay- offstime.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood Seniority shall be based on the length of service an employee has been on the payroll, subject to Section of this Article. An employee shall lose all seniority rights, and agreed that where article XII is in conflict with Appendix B his employment shall be terminated, for any one or more of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede samefollowing reasons: 12.01 The Company recognizes the principle of seniority. Seniority will govern subject a) voluntary resignation discharge for cause failure to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls return to work after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty layoff If eight (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective 8) months has lapsed from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operationshis layoff, or a part thereof, each in the case of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance an employee with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed howeveror more years of seniority, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or morehave lapsed from the date of his layoff. In the event of a reduction of the working force, with the exception that continuity Company shall apply the principle of service will extend up to"last on, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees first insofar as it is consistentwith management's obligation to submit maintain a capable and efficient working force. Following a layoff, rehiring shall be carried on conversely to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, outlined layoff procedures. A list showing Company the seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority employee shall be compiled and kept posted on the bulletin board. This list shall be prepared and posted monthly in revised every fourth (4th) month of each camp and forwarded year, with a copy to the Union office Union, showing names and starting dates. Any errors shall be reported to the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Shop ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) shall apply, or the rate with a request for correction of the job classificationlist within thirty (30) days of posting of the list, whichever otherwise the list as posted shall govern seniority. Part-time employees or hired truckers will not be used while full-time employees are available. Where part-time employees are used, regular employees will be called in first, and where possible, full-time drivers will not be sent home while a part-time employee is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for working, when a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall change-over in equipment can reasonably be granted Leave of Absence from made without extra cost to the Company. The Company will not send home a senior employee will go back with less than eight (8) hours work while a junior employee continues to work, providing that a change-over in equipment can reasonably be made without extra cost to the position they held prior to their leave upon returning from said leaveCompany. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood 12.01 An employee will be considered on probation and agreed will not have seniority standing with the Company until after he has completed seventy-five (75) days of work. His seniority will then date back the seventy-five (75) working days he has completed. Employees on probation will have all rights granted by this Agreement except where otherwise specifically dealt with and except that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthey can be terminated for reasons less serious than a seniority employee. 12.02 Employment Plant seniority lists for permanent employees will be prepared by the Company and will be posted on the plant bulletin boards. Such lists will be revised semi-annually. A copy of any new employee shall all seniority lists will be considered as probationary until they have worked thirty (30) days within a sixforwarded to the Union. Coincidentally, the Company will provide an up-month period. Seniority to-date list of new employees shall be established at the end of this period all bargaining unit employees, showing current addresses and shall be effective from the date of employmenttelephone numbers. (a) Seniority In the event it becomes necessary to reduce the working force of employees in the plant, seniority shall be the governing factor, provided the remaining employees have the required experience, skill and efficiency to perform the available work. Notice of layoff will be applied on given as far in advance as practical but, in any case, ten (10) working days’ notice or pay in lieu thereof will be given of any layoff unless the layoff is when a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required whole line (excluding maintenance) is shut down due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsan emergency. (b) The CompanySubject to the provisions of Article 12.03(a), when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will employees are to be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointedlaid off, the Company will forward provide the following not less than ten (10) working days before such layoff is to take effect: (i) To the Union a employee - Written notice containing the date such layoff is to take effect, or pay in lieu of the number of days notice not given; (ii) To the Unit Chairperson - A list of all applicants and identify the successful applicantemployees to be laid off. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within of layoff the camp unit it shall be filled on an area basis. When regular operators are not availableUnit Chairperson, spare operators will fill all temporary vacancies Grievance Committee Chairman, Health and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any Safety Committee Chairman and members of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons Negotiating Committee during their respective terms of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writingoffice, will be sent to an employee at their given address at least fourteen (14) days before retained in the employ of the Company as long as there is work available which they are required qualified and willing to report for work. Employees will be required to acknowledge receipt perform regardless of such notice and report for work their position on the date specified, unless other arrangements have been made, in writingseniority list. (ad) An employee's seniority shall not be broken by sickness or injury certified by Where a licensed physiciantemporary interruption of work occurs as a result of unplanned event, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and of the Company has been so notifiedCompany, and if they have been employees affected by the interruption of work in their department, may be laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested without regard to seniority rights set out in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate agreement for the job period of interruption, not to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding exceed one (1) yearshift for any individual. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood A. Seniority shall be defined as the length of continuous service with the Houghton Lake Community Schools from the teacher’s most recent “date of hire” (defined as the first day worked). 1. Leaves of absence granted pursuant to this contract or which are required to be granted by law (e.g., FMLA, Military Duty/Reserves) and agreed that where article XII is periods spent on layoff shall not constitute an interruption in conflict with Appendix B continuous service. 2. Credit given for outside teaching experience shall not be considered for the purpose of accumulating seniority. B. A seniority list shall be jointly prepared by the employer and the Association no later than October 31st each year. The seniority list shall be in rank order of the Collective Agreement, teachers first date of work as set forth in whole or in partthe preceding section. In the event more than one individual has the same first day of work, the terms relative place of such persons on the seniority list with respect to that date of work will be determined by a drawing of lots participated in by all affected teachers. The notice of the drawing, including date, place and conditions as set out time, will be determined jointly by the Employer and the Association and communicated to all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested teachers, and particularly those affected, to attend. The President of the Association or their designee shall draw for any person unable to be in Appendix B attendance. All affected teachers will supersede same 12.01 The Company recognizes be notified in writing of the principle results of senioritythe drawing within forty-eight (48) hours of the drawing. Seniority will govern subject This applies to reasonable consideration new hires following ratification of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthis Agreement. 12.02 Employment 1. The seniority list shall be published with notation of the certification, approvals, majors/minors, endorsements, and certificate expiration then on file with the employer of each teacher and posted conspicuously in the area of each building reserved for teachers' use as well as being placed in the general office of each such building for inspection by October 31 of each school year. Updates of the list shall be published and posted as they are made. 2. A copy of the posted seniority list and all subsequent updates shall be provided to the Association. Errors, omissions, and/or deletions in or to the list as posted will be noted and corrections made as required to conform to this Agreement at the request of any new employee shall teacher on written notice to the Association or at the request of the Association on notice to affected members. For purposes of this Agreement the seniority list will conclusively be deemed to be accurate and no objection to any alleged error, omission and/or deletion on the seniority list will be considered as probationary until they have worked unless it is called to the Superintendent's attention in writing within thirty (30) days within of the date the seniority list is provided to the Association. C. A bargaining unit member who is laid off and is paid unemployment compensation benefits (associated with their regular assignment) during the summer immediately following the layoff and who is subsequently recalled to a six-month period. Seniority of new employees shall be established position at the end beginning of this period and shall be effective from the date of employment. (a) Seniority next school year will be applied on a Company wide basis in recalls, promotions, transfers from camp paid according to camp and layoffs. When layoffs are required due an annual salary rate such that their unemployment compensation plus that annual salary rate will be equal to the completion rate of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which salary they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created would have earned for the ▇▇▇▇▇ to roadside workforce. The employee who school year had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity given notice of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offlayoff. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Master Agreement

SENIORITY. Employees shall be regarded as probationary until they have worked fifty (50) full days in a six (6) successivemonth period and they shall have no seniority rights during that period. After completion of the fifty (50) day period as provided above, the employees' seniority shall date back to their date of hire during such six (6) month period. In all cases ofpromotion, to a position outside the bargaining unit, and layoffs and recalls from layoff, the following factors shall be considered: (a) seniority skill and experience It is understood and agreed that where article XII is the qualifications referred to in conflict with Appendix B of the Collective Agreementparagraph are relatively equal, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. paragraph (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsshall govern. When layoffs are required due to the completion If an employee believes that proper consideration of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied his qualifications has not been given by the Company, he may file a under the provisions of their desire to transfer or to be laid offArticle VI. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such All new jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply and all vacancies in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted existing jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee posted in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants plant for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff and any employee in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply bargaining unit in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of a lower rated classification may make application for such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work vacancy by placing his name on the date specifiedsaid notice. In the filling ofthesejobs considertheemployeeswho have made application. If there are no candidates who have the qualifications for the promotion, unless other arrangements have been made, in writing. (a) An employee's seniority then the Company shall not be broken by sickness or injury certified by a licensed physicianlimited to selection employees who have made application. In the event that an employee be precluded from applying fora newvacancy for of six (6) calendar months, licensed dentist or licensed chiropractor. (b) An employee's seniority only the original vacancy shall be broken if posted and all vacancies which may occur as a result of having filled the employee quits, or original vacancy in accordance with the provisions of this clause shall be filled by the Company in accordance with Section of this Agreement. Seniority shall when an employee: quits for any reason; is discharged and is not re-instated, if reinstated through the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company grievance procedure or arbitration; has been so notified, and if they have been laid off on layoff for twelve (12) months or more, with the exception that continuity a continuous period of: length of service will extend up to, but not more for employees with less than twenty-two (2) years service or four (24) months if requested in writing by the employee before the elapse of twelve for employees with two (122) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skiddingmore years service but less than ten 0) shall applyyear, or the rate of the job classification, whichever is higher. thirty six (a36) An employee months for employees with ten 0) more years service; who has accrued seniority and is then employed by the Union shall retain such accrued seniority been on layoff for a continuous period not exceeding one (1) year. (b) An employee as set out above and who has accrued seniority and is employed when notified by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted registered mail or transferred to a position by telegram address recorded with the Company outside fails to notify the bargaining unit shall retain such accrued seniority company within five (5) days that he is intending to return to work and unless he returns to work seven (7) days ofthemailing or other communication notice he shows that he is prevented from notifying the Company or from reporting for work by a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipmentlegitimate sickness, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It other cause which is understood this does not apply to seasonal lay- offs.reasonable:

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective AgreementA. Unless otherwise provided, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee seniority shall be considered defined as probationary until they have worked thirty (30) days the length of continuous service within a six-month period. Seniority of new employees shall be established classification at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied store covered by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting Classification seniority shall apply for the posted jobs shall be allowed five (5) work days purposes of layoffs and rehiring in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefitsthe store. In the event there are no successful biddersan employee is transferred within the store from one classification to another, his seniority date in the new classification shall be considered by length of continuous service within the store bargaining unit. Employees may request transfers to other stores in accordance with the policy of the Employer. In the matter of promotions within the store, the junior Employer shall have the right to exercise his final judgment, after giving due regard to seniority. References in this section to "the store" will be interpreted to include all stores within the city for "full-time" employees. Part-time employees within a classification will be given first consideration for promotion to full-time when a vacancy exists in the store, however, this shall not preclude an employee in another classification from requesting a transfer for such vacancy or a vacancy that might become available in his/her store. Such requests must be made in writing to the transition contractor Store Management as appropriate. All employees will be awarded the postingscheduled in accordance with seniority. The Company Full-time employees shall post notices in camps showing the names of successful applicants for have seniority over all posted vacancies part-time employees and newly created jobspart-time employees shall not accumulate seniority over full-time employees. All postings, internal and external, permanent or temporary No senior employee will be forwarded scheduled less hours than a part-time employee within their classification, in their department, in their store, provided he has the ability and is available to perform the work. Agreed upon seniority lists shall be established and available to the Union officeat all times. Once For the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 purpose of this Agreement, if the employee fails to return from leave of absence on following departments within the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control Food and the Company has been so notifiedNon-Food sections are established: FOOD SECTION: Grocery, Produce and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offMeat Departments. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B The length of continuous service of the Collective Agreementemployee in the bargaining unit shall determine the seniority of the employee. The principle of seniority shall govern and control in all cases of transfer, decrease, or increase of the working force, as well as preference in whole or in partassignment to shift work and choice of vacation period. In all cases of promotion within the bargaining unit, the terms Employer shall give preference to employees who have greater qualifications and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes ability to perform the principle required work, but when such qualifications and ability are equal, the Employer shall give preference on the basis of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee Announcements shall be considered as probationary until they have worked thirty (30) days within a six-month periodposted in conspicuous places where employees enter or leave the premises. Seniority Parties to this Agreement, both of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments whom may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on use the bulletin boards for notices of routine nature, agree that it would be improper to post denunciatory or inflammatory written material on such bulletin boards. When a position covered by this Agreement becomes vacant, such vacancy shall be posted in a conspicuous place listing the Company pay, duties, and qualifications. This notice of vacancy shall remain posted for a period of five seven (57) working days prior to any appointment to such jobs, stating the normal job requirementsdays. Employees interested shall not be considered for such jobs, unless they apply in writing within the five seven (57) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of If an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify is the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or he/she shall be given a leave of absence not exceeding thirty (30) day trial and training period in the new position at the applicable rate of pay. If at the end of the trial and training period it is determined by the Employer that the employee is not qualified to perform the work days, he/she shall be classified as a temporary vacancy returned to his/her old position and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturerate. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not availableEffective July 1, spare operators will fill 2008, all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees new hires will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by serve a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a probationary period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.six

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee 11.01 New employee's shall be considered as probationary employee until they have worked thirty been employed for ninety (3090) days within a six-month calendar days. During this period. Seniority of new employees , there shall be established at no responsibility for re-employment, if they are discharged or laid off for any reason whatsoever. 11.02 At the end completion of this period and the probationary period, each employee shall be effective from have his name added to the date seniority list of the terminal within the division in which he is employed. Such employee shall receive credit to the first day of employment. (a) 11.03 Seniority will shall be applied on a defined as an employee's period of continuous service with the Company wide basis in recalls, promotions, transfers from camp to camp and layoffssince his last date of hire. When layoffs Such seniority rights are required due restricted to the completion of seasonal operations, or a part thereof, each terminal of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, Company that the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsemployed. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. 11.04 The Company shall post notices in camps showing terminal seniority lists by the names various divisions of successful applicants for all posted vacancies and newly created jobs. All postingsthe Company, internal and externalbased on the company's records, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. every three (c3) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturemonths. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work employee’s position on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly establish their terminal seniority in relation to each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationother. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for A ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) and local Company official will be responsible for keeping each list current. A copy of the seniority lists will be supplied to the Union upon request. 11.05 Seniority is the total length of continuous service by an employee in the employ of the Company covered by this Collective Agreement. The purpose of seniority is to provide the order of work preference, layoffs, recalls and vacation selection, subject to Article 11.06; however, there shall applybe no job bumping except as follows: If a designated run is eliminated, or the rate an employee is bumped, such employee so affected may bump a junior employee holding a designated run. Such option must be exercised within seven (7) days of the job classificationelimination or bump. Other than in instances where multiple dispatches occur in the absence of pre-plan, whichever is higheremployees shall, not while exercising work preference, have the right to turn down an assignment . (11.06 In recognition of the responsibility of Management for the efficient operation of its terminals, trucks, etc., it is understood that in cases of promotion, transfer, layoff for lack of work and recall to work for employees so laid off, the following factors will apply: a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training Demonstrated ability to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offswork.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict A. An officer's seniority with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee Lawton Police Department shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied determined by the Companyfollowing: 1. Police Officers -The officer's most recent "Date of Entry" with the Lawton Police Department. If two or more officers, of their desire to transfer or to be laid off. The Company will provide hired after June 30, 1988, are hired on the Union Grievance Committeesame date, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for determined between them by the Chief of Police at time of hire. If two or more than one (1) weekofficers were hired on the same day before July 1,1988, otherwise their seniority was determined by a one-time drawing by the district will be Chief of Police pursuant to the unit terms of application of seniority on seasonal layoffsthe 1988-1989 agreement. (b) The Company, when filling vacancies, will do so from 2. Police Supervisors -The supervisor's most recent "Date of Rank" within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed howeverLawton Police Department, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards as determined by the Company for a period Chief of five (5) working days prior to any appointment to such jobsPolice at time of promotion. B. An officer's seniority with the Lawton Police Department shall be used, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (division the officer is assigned, to assign the following: 1. Vacation Leave 2. Compensatory Days Off 3. Regular Days Off 4. Lay Off and Recall 5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-, provided, however, that the City may assign an officer with less than eighteen (18) months from date of hire to any shift without regard to his/her shift preference so as to insure that said officer's assignments during their first eighteen (18) months of service provide full training on all shifts to the extent deemed appropriate by the City. No new officer shall be assigned to any one shift for more than one year. Vacancies occurring by virtue of shift assignments of new officers under this provision shall be filled by: (a) volunteers; or, if none, (b) by seniority with reference to the "needs of the service." To the extent possible, and consistent with training requirements and needs of the service, dislocations arising from rotation of new officers will be from among the new officer ranks as has been done historically during officers' first year of service. Master Officers will be assigned according to the needs of service by seniority. C. A supervisor may depart from the use of seniority due to "needs of the service". The "needs of service" determination shall be applied as determined by the Supervisor. Upon request of the affected officer, a supervisor making assignment different from an officer's established seniority position shall state in writing his/her reasons for departure there from. A copy of the supervisor's reasons shall be forwarded to the officer, and the Chief of Police within seven (7) calendar days of the questioned assignment. D. The City shall maintain the seniority list for Police Officers, Police Supervisors and Master Officers, which shall be posted, and kept updated, on the ▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherPolice Department Bulletin Board. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will shall govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs lay-offs, and recalls after lay- lay-off. 12.02 Employment , provided the employee has the necessary qualifications of any new employee knowledge, skill and ability to perform the work required. An employee’s seniority shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority his length of new employees shall be established at service with the end of this period and shall be effective from the Company dating back to his original date of employmenthire, or in case his service was broken as defined in Section 12.08, his hiring date after such break in service. An employee who is required by the Union to be absent from work for Union business will be granted leave of absence and will accrue seniority while on such leave of absence provided he returns to work on completion of the scheduled Union Business. (a) Seniority will A new employee of the Company shall be applied on considered a Company wide basis probationary employee until he has completed ninety (90) days of work in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion one period of seasonal operationsemployment, or any other time limit mutually agreed to by the Company and the Union within a part thereofone hundred and eighty (180) day period, each of the employees so affected will be permitted to exercise their after which his seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, shall date from his original hiring date. In all cases where the employee advises ceases to work for the Company, prior to for reasons beyond his control after he has completed fifteen (15) days of employment, the effective date of Company shall advise the advance notice and Union in writing on forms to be supplied by within two (2) days of such separation and give reasons for the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsseparation. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments Grievances may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply presented in writing within connection with the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (discharge or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which probationary employees unless the discharge or lay- off is to exceed two (2) working days, the Company will notify, in writing, the employees intended claimed to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingdiscriminatory. (a) An employee's For lay-offs of less than three (3) months, employees affected will be transferred to vacant positions as per seniority and qualifications and in accordance with Article 12.03 (b) of the Collective Agreement. It is understood that senior employees shall not be broken by sickness or injury certified by a licensed physiciansubject to any loss of employment. Once normal operations resume, licensed dentist or licensed chiropractoremployees will revert back to their original job. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another another, senior employees shall receive first consideration. In such cases, cases an employee shall receive the rate for the job to which the employee he is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their his previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (ac) An employee who has accrued seniority and is then employed by When a permanent vacancy occurs immediate notice thereof will be posted on the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last bulletin boards for a period of three five (35) months or moreworking days. It During the said five (5) working day period, the Company may make a temporary appointment to such permanent vacant position. However, in case replacement is understood this does not apply to seasonal lay- offs.required for a vacancy of less than fifteen (15) consecutive working days, such vacancy may be filled by temporary appointment without posting. If such vacancy will be for more than five

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood 6.1.1 Seniority shall be determined by length of service. Seniority rules shall apply separately to each group of employees covered by this Agreement, except as specifically covered in the Special Working Rules under Article VIII. 6.1.2 Seniority listings will be made up for each group and agreed that where article XII is in conflict with Appendix B for total length of service and posted annually. 6.1.3 The first months six (6) months of employment shall constitute a probationary period, during which time seniority need not apply; however, personal time off will be credited after the first three (3) months of employment. After the first six (6) months of employment, all names must appear on seniority list as of first date of employment. This probationary period may be extended by mutual agreement of the Collective Agreementparties. 6.1.4 Errors in past applications of seniority shall be corrected by permanent vacancies developing in the future only. 6.1.5 In case of a classification adjustment involving loss of pay or curtailment of working hours in any of the above-mentioned groups, the employees will have the choice, where practical, of taking the job they left or the job of the employee junior in their group in accordance with the provisions of 6.1.12. 6.1.6 Qualifications being satisfactory, the employees selected for personal time off relief or other temporary vacancy, shall be chosen according to seniority provided that such assignment does not create additional assignment problems such as an additional vacancy that must be filled because the employee has been dispatched, in whole or in part, which case the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new next senior employee shall be considered as probationary until they have worked thirty (30) days within a six-month periodselected. Seniority In cases where the creation of new employees additional vacancies cannot be avoided or relief can be reasonably planned in advance, the most senior employee shall be selected. At the termination of the relief period, the employee shall have the right to return to his/her original job. 6.1.7 Employees with two or more years of continuous service in one group requesting to be transferred to duties in the other group and if returned to original group within two years will not lose their seniority rating in said group. If assigned to other group longer than two years, they may be returned to original group with seniority based on that established at the end of this the two-year period. 6.1.8 In laying off employees with more than six (6) months in the department because of lack of work, lack of funds or departmental reorganization, the conditions as set forth under Article 6.1.11 shall govern. Employees who have been laid off shall receive preference as openings occur for employment for a period and shall be effective of two (2) years from the date of employmentlayoff. (a) Seniority will be applied 6.1.9 In cases where two or more employees start work on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04same day, the employee advises the Company, prior to the effective date of application for employment shall establish priority of position on the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. list. 6.1.10 It is understood and agreed that when layoffs are occasioned by the completion PUD acquires or otherwise puts into operation any additional properties, the employees of seasonal activities, Company-wide the new property shall be entitled to full seniority will rights attained from the former employer. They shall then be applied only when operations continue subject to all seniority provisions contained in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsthis agreement. 6.1.11 It is understood and agreed that in all cases of promotion, increase or decrease of personnel, or recall after layoff, the following factors shall be considered and where factors (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injuryare sufficient, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, seniority shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobprevail. 12.04 In case a. Length of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godcontinual service. 12.05 When the approximate time of recall is known at the time of layoffb. Knowledge, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writingtraining, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice ability, skill, adaptability and report for work on the date specified, unless other arrangements have been made, in writingefficiency. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractorc. Physical fitness. (b) An employee's seniority shall be broken if the employee quits, or is discharged 6.1.11.1 Testing and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 interviewing of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) shall apply, or the rate bids will be conducted by a joint committee composed of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed an equal number of union members appointed by the Union and management members appointed by the District Manager or designee. The testing and interview process shall retain such accrued seniority for a period not exceeding one (1) year. be mutually agreed to by the Union and the District and shall establish sufficient qualifications as stated in (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leaveArticle VI, Section 6.1. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood Full-time and agreed that where article XII is part-time employees, other than operators, will have their seniority measured from the hour and date of first work performed in conflict with Appendix B the department to which they are assigned. Should two or more employees commence service on the same date and hour, the date and hour of the Collective Agreement, in whole or in part, application for employment will determine the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle order of their seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls operators hired on or after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority this Agreement will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to determined by the scheduled completion of seasonal operations, or a part thereof, each date of the employees so affected school the operators participate in, regardless of the date the operators actually complete their training or commence work. Operators graduating on the same date will be permitted to exercise have their seniority determined by a lottery mechanism mutually agreed to by the Union and transfer to a job for which they are qualified, provided that, having received advance notice Company. Seniority and service of employees who were in accordance with section 12.04, the employee advises the Company, employ of Greyhound prior to the effective date of this Agreement will remain unchanged from previous collective bargaining agreements. Any merger of either operator or mechanic seniority rosters must be approved by referendum vote and approved by a majority vote of those voting from the advance notice respective operator and in writing on forms to mechanic ranks. Referendum votes will be supplied conducted by the CompanyUnion. Only full-time employees accrue seniority. Separate seniority rosters will be maintained for part-time and seasonal employees only for the purpose of establishing seniority among those employees. Part-time operators who become seasonal operators, and seasonal operators who become part-time operators will carry their seniority with them. Part-time and seasonal operators may not exercise their seniority to bid on runs, other than those designated for part-time and seasonal operators or as hold-downs for the extra board. All employees will be permitted to submit letters of their desire intent to transfer to any department when new employees are required. Employees who have submitted a letter of intent will be given preference over outside applicants provided they are qualified either to perform the work or enter the training program offered to outside applicants. Employees electing to transfer will be laid offgiven seniority in their new department ahead of outside applicants who start on the same date, and they will use their original service date for all benefits tied to years of service. Maintenance employees voluntarily transferring from one location to another will have their bidding seniority start on the first day of work at the new location. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide bidding seniority will be applied only when operations continue in other districts used for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies bidding shifts and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date vacation slots at that timelocation. But in all cases notice in writing, They will be sent to an employee retain but not accumulate seniority at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingdeparting location. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Memorandum of Agreement (Vermont Transit Co Inc)

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority rights of Operators will be applied on exercised only as provided in this Agreement. The right to pick a Company wide basis in recallsregular posted assignment shall be governed by seniority. Where such assignments have two complete shifts, promotionsthe Operators assigned to such assignments shall alternate shifts a week about. Regular assignments, transfers from camp to camp and layoffsas designated by the Employer, shall be runs which require approximately a standard work week of not less than forty (40) hours. When layoffs are required due to the completion of seasonal operations, or An employee performing a regular assignment shall have their pay reduced by any part thereof, each of the employees so affected assignment not performed by the employee. Any route changes that affect run duration will be permitted deferred until the next formal pick. Operators shall make their choice of assignments according to exercise their seniority seniority. Such assignments are to take effect the first Sunday which starts a pay period in the months of January, May and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, September. Operators will select such assignments during the employee advises the Company, third week prior to the effective date of the advance notice and in writing on forms pick. Operators will make their picks by seniority as follows: Tuesday - Operators 1 - 12 Wednesday - Operators 13 - 24 Thursday - Operators 25 - 36 Friday - Operators 37 - 48 Saturday - Operators 49 - 60 Sunday - Operators 61 - end Pick periods will be scheduled at 40 minute time intervals until 4:00 P.M. of the pick day. If an Operator fails to pick an assignment as scheduled, such Operator will be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior assigned to the intended layoffspareboard. If an Operator is off sick or on compensation at the time of the pick, with the Operator shall present proof at the designated pick time, by a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed medical practitioner that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority Operator will be applied only when operations continue able to return to work within 30 days of posting of the pick in other districts for more than one (1) weekorder to exercise the Operator’s pick privileges. If the Operator fails to return to work within 30 days of the Operator’s designated pick time, otherwise upon the district Operator’s return, the Operator will be assigned to the unit spareboard for the duration of application the pick. Regular assigned Operators will be allowed to forfeit without pay, a two (2) hour lunch relief assignment (or such longer period that is a lunch relief assignment) when that assignment is their only assigned work for that day. Upon picking their run assignment, they will sign a form stating that they do not wish to work the assignment in question for the duration of seniority on seasonal layoffsthe pick. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Operators scheduled to work greater than five (5) working days. It is agreed however, that temporary appointments may consecutive hours will be made without posting for filling vacancies of less than provided a thirty (30) calendar days durationminute paid lunch period. 9:02 The seniority rank of Operators entering the service will be determined by the hour and date first service is performed for which pay is received under this Agreement, without instruction. Newly created jobs In establishing the first seniority roster it is understood that only the service performed for the Transit Department by the individual Operators will be considered. A current seniority roster will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsFebruary 1st each year. Employees shall not Any protest in seniority rosters must be considered for such jobs, unless they apply made in writing within thirty (30) days from time of posting or no further action will be taken. Current seniority rosters and other information relative to seniority or leave of absence will be furnished to the five Union representative. 9:03 The top 3 Operators on the Spareboard may choose to start their work week on Monday. Their choice will be in effect for the duration of the pick. If a Relief Inspector occupies one of these positions, it will be passed down to the next senior Spareboard Operator. Relief Inspector's days off will be assigned at the discretion of the Scheduler. When Spareboard Operators are required, the senior operator in point of service will be called for duty, and will be paid a minimum of two (52) hours. The employee will be paid for all time worked, computed on the closest 5 minute basis. Where practical, and where no added costs to the Employer are incurred, rest days will be assigned in consecutive pairs. An Inspector will be allowed to cover emergency work until an Operator reports for duty. When an Operator who is on a regular picked run is called out from home to report for work within the hour, the employee will be paid a 4 hour minimum call out. Such call out hours will not be used in the calculation of overtime under Article 11:00. 9:04 When a spare Operator is called and not available for work, the next in point of service will be called and so on until the vacancy for a spare Operator is filled. Spare Operators who have been called and are not available shall lose their turn. 9:05 The City will select the Operators to be sent on charter trips outside the City limits. 9:06 When forces are reduced, Operators shall be taken off in the reverse order of seniority and will retain all rights and privileges. Operators furloughed on account of reduction in forces will be privileged to work elsewhere and retain their seniority. They must maintain on record with the City their correct address and renew same every thirty (30) days. Operators will be called back to service in seniority order according to the following procedure. The City will advise each Operator to be recalled by registered mail or telegram. A copy of such recall notice will be furnished to the Union representative. An Operator receiving such notice will acknowledge receipt of same by registered mail or telegram within seven (7) days, advising the City that the employee will be available for service, which date must not be later than fifteen (15) days from the date the City forwarded recall notices. In extenuating circumstances the fifteen (15) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as limit may be mutually agreed, if further training time is required)extended at the discretion of the Transit Manager. Failure Furloughed Operators failing to comply with these regulations will forfeit their seniority rights and be considered as out of an employee service. 9:07 An Operator appointed to qualify a position not governed by this Agreement shall entitle them have the right to return to their former job position as Operator without loss of seniority. 9:08 An employee's employment shall be considered terminated and their seniority or benefits. In cancelled when: (a) the event there are no successful biddersemployee quits their employment, or (b) the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants is discharged for all posted vacancies and newly created jobs. All postingscause, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.or (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or employee overstays a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingwithout reasonable cause. (a) An employee's seniority shall not be broken by sickness The parties agree to the following conditions regarding employees absent from work due to non-occupational illness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.accident: (bi) An employee's seniority shall be broken if During the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for first twelve (12) months or more, with of any such absence the exception that continuity City agrees to provide at its cost all benefits set out in articles 15:01 and 15:02. (ii) At the end of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of such twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical listmonth period, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company such employee will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate responsible for the job to which the employee is transferred. In case total cost of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherall benefits set out in Articles 15:01 and 15:02. (aiii) An The City agrees to maintain the seniority of such employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence absent from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued work due to an occupational illness or accident for which WSIB is paid will be provided as follows: (i) During the introduction first 24 months of new methods such absence the City will provide at its cost all benefits set out in Articles 15:01 and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs15:02.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood The most senior employee making application who meets the first two factors will be selected. The selected employee will be given a period of time to train and agreed become acquainted with the new position. If during the first five days of this period of time the employee wishes not to remain on the new posi- tion, the employee will be returned to the former position. However, such employee will be prevented from bidding on another posting to that where article XII is same job for a period of six months. If found suitable for any given job, an employee’s application for such job will be marked “accepted”. Should the employee prove unable to perform the duties in conflict with Appendix B of an acceptable manner, the Collective Agreementapplication will be marked “rejected” and withdrawn from file. Rea- sons for such rejection to be supplied, in whole writing, to the Union and the employee. Employees going on vacation or other approved ab- sences may file a request with the Company to ensure their eligibility and consideration for any permanent vacancy occurring during their absence. The employer agrees to post office Union job postings simultaneously on office and plant job posting boards. Plant employees wishing to be considered for such open- ings may do so within the posting period provided in partthis Article. The employer is under no obligation to fill such posted job with a plant applicant. If there are no successful bids on the posted vacancies, employees on the terms and conditions as set out recall list will be recalled in Appendix B will supersede same 12.01 The Company recognizes the principle order of seniority. Seniority Employees who refuse recall to train under this section shall not lose their seniority nor shall their recall rights to other jobs or training opportunities be affected. Where a job posting for a permanent position has not been filled under the above procedures, consideration will govern subject be given to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new probationary employees who have bid on the job. The employee shall with the earliest start date will be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established assigned to the job at the end of this period and shall be effective minimum rate for that classifi- cation. Any vacancy resulting from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer probationary employee being assigned to a job for which they are qualifiedas a result of this provision will be filled by a new hire or another proba- tionary employee. If, provided thatafter the above procedure, having received advance notice vacancies still remain, the Company will be free to use its discretion in filling the vacancy. When a new job is created in the bargaining unit, the occupation will be posted in the plant and filled in accordance with section 12.04the factors as outlined in Section If there are no bids received or if there are no qualified bidders, the Company is free to fill the vacancy at its discretion. An employee advises the Company, prior who bids on a job may withdraw such application at any time by applying in writing to the effective date of Personnel Department. The successful bidder will be entitled to the advance notice and vacancy unless such bidder is notified in writing on forms that the vacancy has been cancelled. When the Company determines a vacant job will not be filled, the Company will post a notice advising the employees such vacancy will not immediately be filled. Section Any employee who bidder will not be considered for any further vacancy for a period of six months except where such vacancy is in an equal or higher rated category. Similarly, any employee who rejects a transfer to any job will sign a waiver to that effect and will not be considered for the same job for a period of six months. a) When it is necessary to reduce the number of employees in the # 3 Making Department, the most senior employ- ees will be given the first opportunity to decide which jobs they wish to be supplied by assigned to in the Company# 3 Making Department provided they have the qualifications to perform such work. Those employees who are declared excess will displace junior employees in other classifica- tions as provided for in Section If displacement is not possible, of their desire to transfer or to they will be laid off. When it is necessary to increase the number of people in be used: The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by most senior employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise given the district will first opportunity to decide which jobs they wish to be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior assigned to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above # 3 Making Department provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training qualifications to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offssuch work.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) A. An employeeofficer's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) Police Department shall applybe determined by the following: 1. Police Officers -The officer's most recent "Date of Entry" with the Lawton Police Department. If two or more officers, hired after June 30, 1988, are hired on the same date, seniority will be determined between them by the Chief of Police at time of hire. If two or more officers were hired on the rate same day before July 1,1988, their seniority was determined by a one-time drawing by the Chief of Police pursuant to the terms of the job classification, whichever is higher1988-1989 agreement. 2. Police Supervisors -The supervisor's most recent "Date of Rank" within the Lawton Police Department, as determined by the Chief of Police at time of promotion. B. An officer's seniority with the ▇▇▇▇▇▇ Police Department shall be used, within the division the officer is assigned, to assign the following: 1. Vacation Leave 2. Compensatory Days Off 3. Regular Days Off 4. Lay Off and Recall 5. ▇▇▇▇▇, provided, however, that the City may assign an officer with less than eighteen (18) months from date of hire to any shift without regard to his/her shift preference so as to insure that said officer's assignments during their first eighteen (18) months of service provide full training on all shifts to the extent deemed appropriate by the City. No new officer shall be assigned to any one shift for more than one year. Vacancies occurring by virtue of shift assignments of new officers under this provision shall be filled by: (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. volunteers; or, if none, (b) An employee who by seniority with reference to the "needs of the service." To the extent possible, and consistent with training requirements and needs of the service, dislocations arising from rotation of new officers will be from among the new officer ranks as has accrued been done historically during officers' first year of service. C. A supervisor may depart from the use of seniority and is employed by Local 324 due to "needs of the service". The "needs of service" determination shall be granted Leave applied as determined by the Supervisor. Upon request of Absence the affected officer, a supervisor making assignment different from an officer's established seniority position shall state in writing his/her reasons for departure there from. A copy of the Company. The employee will go back supervisor's reasons shall be forwarded to the position they held prior to their leave upon returning from said leaveofficer, and the Chief of Police within seven (7) calendar days of the questioned assignment. 12.11 An employee who is promoted or transferred to a position with D. The City shall maintain the Company outside the bargaining unit shall retain such accrued seniority list for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods Police Officers/Sergeants and equipmentPolice Supervisors, or due to curtailment of operations, affected employees which shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirementsposted, and if such employees require training to perform kept updated, on the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs▇▇▇▇▇▇ Police Department Bulletin Board.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It 32.01 Seniority is understood defined as the length of continuous service in the Bargaining Unit. 32.02 In the application of seniority, it shall be determined first by Department and second by Plant Seniority List. 32.03 Upon completion of 400 straight time hours, the Employee shall be considered regular and he shall be listed on the next published Plant Seniority List. 32.04 The lists recognized for seniority purposes are: Shed, ▇▇▇ Processing, Fillet Plant, Cannery, Cold Storage, Clean-up, Net Loft, Maintenance, Reduction Plant, Office, the Will-Work-In List and the Plant Seniority List. The new Seniority Plan in Letter of Understanding No. 3 will be 32.05 All Departmental Seniority Lists will be established on the basis of agreed figures as contained in the attached Letter of Understanding No. 3 and may be amended on a yearly basis by agreement on subsequent assessments. 32.06 Once an Employee has achieved regular status under Article 32.03, that where article XII is Employee's seniority shall be dated from the time and date of original hire. From then on, that Employee, as all other Employees, will accumulate seniority as long as they are available for work and in conflict accordance with Appendix B Article 28.00. 32.07 During a reduction of the Collective Agreementforces, an Employee who has been laid-off or placed on-call shall retain seniority and continue to accumulate seniority if available for work and in whole or accordance 32.08 When more than one Employee is serving a probationary period, they shall be called to work when required in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle order of seniority. In the event two or more Employees start working on the same date and time, the order of their seniority shall be determined by the assigned sequence number as displayed on the Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offList. 12.02 Employment of any new employee 32.09 In each Department, during slack periods Employees with the greatest seniority shall be considered last to be laid-off and at the end of such slack periods shall be the first to be hired on, providing they are willing and capable to accept such work as probationary until is available. 32.10 New Employees shall not be hired when there are regular Employees laid off or on-call able to perform the work. 32.11 During a reduction of the forces, where an Employee's seniority is such that the Employee will be laid off in the regular department, or placed on-call, the Employee will be automatically available for work from the Plant Seniority List in any other department, provided however: a) the application of this provision shall not result in an Employee exercising rights to bump a regular Employee with less seniority in any department. The application of this provision shall not result in an Employee bumping in the Clean-up Department. In a home department, work which cannot be completed within 10 minutes, not including wash-up time, shall be assigned by seniority. b) an Employee whose name is on the Will- Work-In List and Plant Seniority List must expect to be available for work when called to any department the Employee has indicated a willingness to work. Casual Labourers will be included on the Will-Work-In Lists of their choice in line with seniority and the Plant Seniority List. 32.12 Office Employees shall be listed on the Plant Seniority List in line with their accumulated seniority, and if laid off or placed on-call from the office, will be called out for work, when work 32.13 All New Hires will be placed on the Casual Labour List and not be listed on Departmental Seniority Lists unless as a result of being the successful applicant for a Job Posting. 32.14 Employees shall forfeit their seniority rights in the event they have worked quit the employ of the Employer and are not rehired within thirty (30) days days, or are discharged for proper cause. The decision to rehire is at the sole discretion of the Employer. 32.15 a) Employees may transfer permanently from one department to another once within a six-month two calendar year period. Seniority of The Employee's seniority shall also immediately be transferred. 32.15 b) Notwithstanding Article 32.06, Plant transfers to the Office (Office new employees shall hires) shall, in addition to being subject to two (2) months probation, be established placed at the end bottom of the Office Seniority List. Such Employee can be returned at any time during this probationary period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance plant with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without no loss of seniority or benefitshis position within the plant. In This clause does not affect the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies regarding benefits and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobvacations. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood The Employer shall maintain a seniority list. An up-to-date list shall be sent to the Union and agreed that where article XII is posted on the main bulletin board in conflict with Appendix B January of each year. The recognition of seniority in Article does not in any way indicate the recognition of the Union’s claim to any positions other than those listed in the wage scale attached to and as part of this Collective Agreement, . Employeesoutside the bargaining unit as of August will be credited with whatever seniority they held under the collective agreement expiring September should they be returned to the bargaining unit subsequent to August The provisions of Article shall apply to employees who transfer April There shall be no scheduling of split tours. Employees shall be allowed to trade their days off with another employee of own classification in whole the same unit or section so long as this exchangingof days off does not cost the Employera higher rate of pay. Such mutual exchanging of days off must be authorized by the Employer and no premium rates will be paid for this exchange of time. Such mutual exchange must be in part, the terms writing and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration the approval of skillthe supervisor, efficiency which approval shall not be unreasonably denied. Days off shall be planned in such a way as to provide an equitable distribution of full weekends providedthat such does not effect the efficient operation of the Employer. However, no more than five consecutive days shall be worked without premium pay. The hours and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment days of any new work of each employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis posted in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, appropriate place at least two (2) working days weeks in advance. No change will be made to these schedules without consulting the employee concerned. There shall be no less than two (2) consecutive tours off between shifts on a Nursing Unit. However, if an employee has less than two consecutive tours off between shifts, shall be paid time and one half for all hours worked in the period that is less than two (2) tours when such hours worked are at the Employer's request, This provision does not apply in emergency situations. If a change is made to the schedule with a copy of such said less than seven (7) days notice to the Union Grievance Committee. The Company will provide two weeks' notice employee concerned then shall be paid a premium of layoff in time and one half for the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed first day of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit change subject to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafterforegoing. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employmentSec. (a) Seniority will be applied on a Company wide basis Seniority, as used herein, is defined as the status secured through length of service under this Agreement which entitles an employee to certain preferences provided for in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsthis Agreement. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice Employees laid off on account of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs slack business conditions shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants given preference for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months years from date of lay off. If re- employed within this three (3) year period, their seniority shall be bridged with that which they had at the time of lay off. If re-employed after three (3) years from lay off, they shall be subject to the same employment conditions as new employees. (c) When making reductions in the forces within a department as outlined in Appendix "A", employees with the least amount of seniority shall be laid off first and shall be notified of such lay off in accordance with the provisions set forth in Section 10.17 of Article 10 of this Agreement. Employees who then have been notified of lay off may exercise their seniority by replacing employees in other departments who have less seniority, provided, however, they must have the ability and qualifications to fill such job. 2.02 An employee injured while on duty shall be entitled upon recovery to former position with full seniority rights providing they are physically qualified to return to work. a) Promotions shall be by departments based on seniority in the department. Ability and qualifications being reasonably equal, seniority in the department shall prevail. Line ▇▇▇▇▇▇▇ will be mutually selected by the Company and the Union. b) When vacancies occur or morewhen new positions are created within the departments outlined in Appendix A of this Agreement, the employees within the department will be given the first opportunity to accept these positions. It The Company will canvas all employees in the department where the vacancy exists. If there are no qualified employees in the department who accept the promotion, the vacancy will be posted, either on bulletin boards or electronically, in all locations within Southeast District covered by this Agreement for five (5) working days. Ability and qualifications being reasonably equal, seniority shall prevail among these employees. A copy of these notices will be emailed to the Local Union Business Representative. When necessary, temporary assignments will be made for the period the position is understood considered open. c) Any employee bidding on a position at a lower rate of pay which they held previously and vacated via the bid procedure, shall not be permitted to bid on a similar position unless it is mutually agreed to by the Company and the Union. d) For the purpose of defining a temporary new position, such a position shall be considered temporary providing it does not continue for more than a period of 180 days. If the position is eliminated within the 180-day period and is re-established before a period equal to or less than the last period of upgrade, then the job shall be considered as permanent and shall be bid in accordance with the provisions of this does section. The foregoing shall not apply to seasonal lay- offstemporary Troubleman and Lead Serviceman jobs which are created for short periods of time. Such temporary Troubleman and Lead Serviceman jobs shall be offered on the basis of seniority to the applicable journeyman lineman or gas mechanic in the area. e) Should an employee decline a promotion, it shall have no effect on future promotions. f) All unsuccessful bidders and the Local Union will be notified when the position is posted has been filled. g) An employee promoted to a new position will be given a reasonable opportunity to demonstrate their qualifications and ability. If they do not qualify within a reasonable time, he/she and the Local Union will be notified of the nature of the disqualification and he/she shall be returned to their previous position. h) All employees who are successful bidders on new positions may, at the option of the Company, be retained in their old jobs, subject to all of its conditions, for a period up to 30 calendar days for the purpose of training a replacement. If such employees have not been released to their new jobs at the end of thirty (30) calendar days after their selection, they shall at that time be awarded their new classification with all of its attendant benefits, including all components of pay normally received by employees working in that classification, plus transfer to their new headquarters, if any. 2.04 Employees of the Company who are now or may be subsequently called under the National Selective Service Act, or who have enlisted in the armed services of the Nation, shall be entitled to all provisions of said Act with respect to their re-employment by the Company on the termination of their service in the armed forces. 2.05 Until successful completion of the two-year Lineman apprenticeship program and one year experience as a journeyman, the employee shall not be eligible for upgrade to Crew ▇▇▇▇▇▇▇ or Troubleman whether on a permanent or temporary basis nor shall the employee be considered for standby duty.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new (A) An employee shall be considered as probationary until they have worked thirty seniority status after he has been continuously employed by the company for ninety (3090) days within a six-month periodworked. Seniority Such employee shall have departmental seniority on completion of new employees shall be established at the end of this his probationary period and shall be effective from the date based on accumulated service. Accumulated seniority shall be lost on termination of employment. (a) Seniority will be applied on a Company wide basis in recalls. However, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's accumulated seniority shall not be broken by sickness or injury certified by lost if such termination is due to a licensed physicianlay off, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if provided that the employee quits, or is discharged lapse of time between termination date and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but reemployment does not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding exceed one (1) year. (bB) An Where the ability, efficiency and accomplishments are fairly equal, then length of service in the department shall govern lay-offs. The Company agrees to discuss with the Union any case or instance of hardship where alleged injustice to an employee who has accrued seniority and is employed by Local 324 arises out of any action of the company in this connection. (C) When there are lay offs for an indefinite period of time, the following procedure shall be granted Leave of Absence from followed: 1. In the Company. The employee will go back to department so affected, the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected probationary employees shall be laid off first, and thereafter, employees shall be laid off in the inverse order of their seniority, provided there are employees with seniority who are qualified and willing to do the work of the employees to be laid off. 2. Where there is an increase in the working force after a layoff, the reverse of the above layoff procedure shall be followed. Before any new employees are hired, the employees still laid off shall be the first to be offered alternate employment in accordance with Section 12.01 the order of their seniority, at work which they are qualified to meet do and at the Company's labour requirements, agreed upon rates for such work. (D) If an employee is laid off and if such employees require training fails to perform the alternate employment effectively, they shall be trained report for work within five (5) working days after he has been notified to do so by the Company, provided which notification has been sent out to his last address on record with the Company, the Company will advise the shop ▇▇▇▇▇▇▇ at the plant when such notification is sent out, he shall be considered to have voluntarily quit. (E) The Company agrees to post the seniority list every 12 months showing the seniority and classification status of each employee and to furnish a copy of such list to the Union. However, the Company agrees to amend and copy if any changes to the seniority list are made or any new employees added. (F) The Company agrees to alter the seniority list for time to time and correct any errors thereafter, whenever proof of error is submitted by an employee of the Union. No change shall be made in the seniority list of any employee without consultation with the Union. (G) The Company agrees that job vacancies shall be posted on the Bulletin Board and that the jobs they applicants will be given preference in accordance with ability and seniority unless none of the applicants are suitable for the job. (H) The Chief ▇▇▇▇▇▇▇ shall be considered to have applied super seniority. Therefore the Chief ▇▇▇▇▇▇▇ shall be the last employee to be trained for are expected laid off so as he/she possesses the skill and ability to last for a period of three (3) months perform the work needed or more. It is understood this does not apply to seasonal lay- offsavailable.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees 3.01 Basic seniority districts shall be established at as follows: District #1 - Quebec District #2 - Ontario District #3 - Manitoba (including Thunder Bay) District #4 - Saskatchewan and Alberta District #5 - British Columbia Solely for the end purpose of this period and bidding on bulletined vacancies, national seniority shall apply. Employees hired prior to January 1st 2010, shall continue to have bidding priority on their seniority district. Qualifications being equal, positions shall be effective awarded in the following order: • Senior District employee hired prior to January 1, 2010. • Senior Off District employee, hired prior to January 1, 2010. • Senior employee hired on or after January 1, 2010. In the application of Article 3.01, it is understood that off district employees who are awarded a bulletined position, shall establish seniority at their new work location in accordance with their national seniority date 3.02 Seniority shall mean the length of continuous service of an employee from the date of employmenthis last entry into the service of the Canadian Pacific Police Service in a position covered by this collective agreement. (a) Seniority will 3.03 A new employee shall not be applied on a Company wide basis regarded as permanently employed until he has completed nine months' cumulative compensated service, which must include 1,560 worked hours. In the meantime, unless removed for cause, which, in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each opinion of the employees so affected will be permitted to exercise their seniority and transfer to a job Company, renders him/her/her undesirable for which they are qualified, provided that, having received advance notice in accordance with section 12.04its service, the employee shall be regarded as coming within the terms of the agreement. If retained, he shall then rank on the seniority list from the date first employed in a position covered by this agreement. A probationary employee who is removed for cause under the provisions of this Article, will be entitled to progress a grievance under the provisions of Article 11 if he so desires. 3.04 An employee will be granted leave of absence without pay upon the written approval of his/her Manager, provided the granting of such leave does not result in additional expense and operational requirements are met. 3.05 An employee shall continue to accumulate seniority while on approved leave of absence. 3.06 An employee's seniority rights shall extend over the district, as defined in Article 3.01, on which he is employed. A complete list of all employees within each seniority district showing name, classification, length of continuous employment relationship with the Company, date of last entry into the service of the Canadian Pacific Police Service in a position covered by this agreement and seniority standing shall be posted at all locations where employees governed by this agreement are stationed, in a place accessible to them. The said list shall be posted not later than thirty days after the signing of this agreement and thereafter on January 1st of each year. 3.07 Unless an employee advises the Companydesignated Company Officer in writing, prior to the effective date end of the advance notice and in writing on forms to be supplied by the Companyeach year, of their desire to transfer or to remain on the recall list, he/she will be laid off. The Company will provide dropped from the Union Grievance Committeeseniority list: i) if, prior to the intended as a result of layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts having performed no service for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5one year; or ii) working if on SUB benefits, at the expiration of such benefits, whichever is the longer period. 3.08 For the purpose of employees making application on positions in their seniority district or in other seniority districts in conformity with Article 5.07 of this agreement, seniority shall mean system seniority which shall be the length of service of an employee in a position governed by this agreement in all seniority districts. 3.09 The seniority list shall be open for correction on proper representation by an employee or his representative for a period of ninety days prior from the date of posting. If no exceptions are taken during such ninety days, the seniority dates shall be established as correct and not changed thereafter except by mutual agreement between the Superintendent and the representative of the Association or for correction of typographical errors. A copy of the seniority list shall be furnished to any appointment the Association representative not later than fifteen days after posting. 3.10 When two or more employees are employed on the same day, subject to such jobsthe provisions of Article 3.08, stating their seniority standing will be determined in the normal job requirements. following order: a) the local time at which they started work; b) previous service in the Canadian Pacific Police Service; c) previous Company service; d) date on which application for employment was made; e) by drawing of names as arranged by the Inspector and District Representative. 3.11 Employees shall not be considered for such jobs, unless they apply in writing moved within the five (5) day periodDepartment to positions excepted or excluded from the terms of this agreement shall retain seniority rights to the date of departure from the Bargaining Unit. 3.11.01 Employees that are released to a position covered by this Collective Agreement may forward, in writing, a request to the CPPA to recover their seniority from the date that he/she stopped accumulating seniority. All jobs will This request may be filled from among granted in accordance with the qualified applicants terms of the CPPA Constitution. 3.12 Except as otherwise provided in Article 3.11 and 3.11.01, an employee who accepts a promotion or transfer to a position outside of the Department not covered by another agreement shall retain his rights and continue to accumulate seniority for six months on the basis of Section 12.01 of this Agreementseniority list from which promoted or transferred, which time may be extended by mutual agreement. Employees accepting the posted jobs The position thus vacated, if required to be filled, shall be allowed five (5) work days in bulletined as a temporary vacancy and such employee shall return to his former position if he is removed from the position to which to qualify, (promoted or a further transferred within six months or such longer period of time as may be mutually agreed, if further training time . TEMPORARY PROMOTIONS 3.13 An employee who is required). Failure of temporarily promoted to an employee to qualify shall entitle them to return to their former job without loss of official or excepted position with the railway will have his/her name continued on the seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants the group from which promoted and identify the successful applicantwill retain seniority rights and continue to accumulate seniority. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness 3.13.01 When released from such official or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationexcepted position, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go revert back to the position they held prior to their leave upon returning from said leavethe promotion. 12.11 An 3.13.02 The Company shall deduct on the payroll from the wages due and payable for each employee who is promoted or transferred temporarily promoted, an amount equivalent to the full monthly dues of the Union subject to the conditions and exceptions set forth in the Collective Agreement. 3.14 Except as otherwise mutually agreed, an employee accepting a transfer to a position with on another seniority list shall lose his seniority rights unless service is not required in the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearposition vacated. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee 11:01 New employees shall be considered serve as probationary employees until they have worked thirty completed six (306) days within a six-month periodmonths of service. Seniority of new employees When an employee has completed the probationary period their seniority shall be established at the end of this period and shall be effective date from the their original date of employmenthiring. 11:02 Fundamentally, the rules respecting seniority are designed to give employees an equitable measure of security based on length of continuous service with the Employer consistent with consideration of qualifications and ability to perform the work. (a) Seniority Effective January 1, 1999, a separate list shall be established for both full-time and part-time employees. The full-time seniority list will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each consist of the employees so affected will be permitted to exercise their seniority employees’ names and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04dates of hire. For part-time employees, the employee advises the Company, prior to the effective date seniority list shall consist of the advance notice employees’ names and in writing on forms dates of hire. (b) In the event of a proposed layoff, the Employer shall: (i) endeavour to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior with four (4) months notice; (ii) the Employer agrees to notify the intended layoff, with a list Union in advance of jobs filled by any technological changes or reductions in staff the Employer has decided to introduce which will affect employees within the bargaining unit. (iii) provide employees with less notice of layoff as per the Employment Standards Act. The Employer also agrees to discuss these changes with the Union and consider practical ways and means of minimizing the effect, if any, upon employees concerned. (c) If the Employer is required to reduce staff: (i) temporary employees will receive notice first; (ii) probationary employees will be laid-off next; (iii) lay-off notices will then be given to least senior employees in locations identified by the Employer. (iv) Notwithstanding their seniority status, Union Committee persons shall in the event of a layoff be retained or returned to work when work is available provided that they are able and willing to satisfactorily perform the work and have the qualifications for the position. (d) An employee who has been notified of a layoff may: (i) accept the layoff or; (ii) bump the least senior employee within the bargaining unit provided that the bumping employee has the qualifications and is able to perform the work. If the reduction includes more than those employees given noticeone employee, the most senior laid off employee will have the first opportunity to choose a position from the corresponding number of openings. The next senior employee will then choose and so on. It is understood that full-time employees will choose from the least senior full-time positions and agreed that when layoffs are occasioned by part-time employees will choose from the completion least senior part-time positions. The employer will provide a maximum of seasonal activities, Company-wide four (4) weeks of training and orientation to those employees who bump into a new position. 11:04 An employee will lose all seniority will be applied only when operations continue rights and deemed to have terminated employment with the Board in other districts the event that: (a) The employee is discharged for more than one (1) week, otherwise just cause and is not reinstated through the district will be the unit of application of seniority on seasonal layoffsgrievance or arbitration procedure. (b) The Company, when filling vacancies, will do so from employee resigns or quits. (c) If an employee fails to report within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working daysdays after receiving a written notice of recall by Registered Mail at their last address according to the records of the Employer, that they intend to return to their position with the Board stating the date of their return, which date shall not be more than fourteen (14) days thereafter or any greater number of days mutually agreed upon by the Board and the employee fails to actually return by the date they so stated. It is agreed however, that temporary appointments may be made without posting for filling vacancies the Chairperson of less than thirty (30) calendar days duration. Newly created jobs the Union Committee will be posted sent a copy of the written notice. It is the duty of the employee to notify the Board promptly of any change of address. If an employee fails to do this, the Board will not be responsible for failure of a notice sent by Registered Mail to reach such employee. (d) If an employee engages in gainful employment while on a leave of absence. (e) If the bulletin boards by employee is absent from work in excess of three (3) consecutive working days without giving a satisfactory reason to the Company Board. (f) Effective September 1, 1985, an employee is absent from work due to accident or illness for a period of more than two (2) years after the employee's sick leave has been exhausted but, in any event not more than a total of three (3) years. (g) An employee is absent from work due to lay-off for a period of more than two (2) years. (h) Employees who have been terminated under Article 11:04 (f) above who are able to return to normal duties will be given consideration for any job openings, following the exhaustion of the posting procedure for full time employees and the consideration of part time employees for a period of up to two (2) years after their termination. It is the employees responsibility to keep the Board informed of their current address and their desire to be considered for any vacancies. (i) This Article shall be interpreted in a manner consistent with the Ontario Human Rights Code. (j) In respect to workplace accidents or illness, this Article shall be interpreted in a manner consistent with the Workplace Safety and Insurance Act. (a) When a vacancy occurs in any position in this Bargaining Unit that the Board requires to be filled, the procedure below will take place. Full-time jobs will be those that are 24 hours per week or greater and part-time job are those that are less then 24 hours per week. The Board will establish lists for each job classification which will be broken down by the following areas where necessary; KITCHENER FULL-TIME DAYS/AFTERNOON PART-TIME DAYS/AFTERNOON FULL-TIME DAYS WATERLOO FULL-TIME DAYS/AFTERNOON PART-TIME DAYS /AFTERNOON FULL-TIME DAYS CAMBRIDGE FULL-TIME DAYS/AFTERNOON PART-TIME DAYS/AFTERNOON FULL-TIME DAYS Employees will be asked to indicate which list or lists they wish to be included on to be considered for future openings. It is understood that to be included on a list, the employee must have the necessary qualifications and is able to perform the work. An interview will be required to determine qualifications and ability when individuals request to transfer outside of their current classification. At any time, an employee may request by completing a form to be made available by Human Resource Services, to be removed from any list. At any time an employee may request by completing a form to be made available by Human Resource Services, to be added to any list for which they have the necessary qualifications and ability to perform the work. These forms must be received by Human Resource Services five (5) working days prior to any appointment the 15th of each month to such jobsbe included in the next revised list. Once the lists have been compiled, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days produced in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss order of seniority or benefitsin each classification and in each area. In A copy of the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary lists will be forwarded to the Union. The list will be updated with changes by the 15th of each month. That list will be used until the next updated list is produced. When a vacancy occurs in any position the Board will immediately notify the union of the vacancy in writing. The successful candidate will be identified within forty eight (48) hours following notification to the Union. The Union officeChair or designate will offer the position to the most senior qualified employee on the identified list that corresponds to the opening. Once If the employee elects not to accept the job offer, the next most senior employee on the list will be offered the position and so on until the position is filled. If an employee declines the job offer, their order on the seniority list will not change for subsequent vacancies. Upon acceptance by an employee of a job offer, the Union Chair or designate will immediately inform the Board in writing of the successful applicant has been appointedcandidate. The start date of the position will be determined by the Board. If no employee on the list accepts the position, the Company Board may fill externally. All permanent job vacancies will forward be filled by this process unless other arrangements are mutually agreed upon by the parties. (b) Employees shall be eligible to the Union a list of all applicants and identify the successful applicantaccept up to two (2) progressive job vacancies per twelve (12) month period. (c) A job that becomes vacant because The employer may hire externally after the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary 10th vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job person has exercised their seniority on this particular jobthe necessary qualifications to perform the work. 12.04 In case of layoff which is to exceed two (2d) working days, the Company Appropriate paid time will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice provided to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in to administer the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingoffer procedure. (ae) An employee's seniority shall not All secondary job vacancies will be broken filled by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractorarea. (bf) An employee's seniority shall be broken if the employee quits, or is discharged and not reWith respect to calculating a part-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control seniority when competing for a vacancy, the calculation will be as follows. The original date of hire of the part-time employee will be used to calculate their equivalent full-time seniority. For employees whose normal working hours are between 16 and 24 hours per week, the calculation will be based on 60% of the time between their original hire date and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with closing date of the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesvacancy. The Company original date of hire of the part-time employee will endeavor be used to have this list sent to calculate their equivalent full-time seniority. For employees whose normal working hours are less than 16 hours per week, the Union by calculation will be based on 40% of the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority time between their original hire date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate closing date of the job classification, whichever is highervacancy. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It (a) Seniority shall become effective only after an employee has been employed for a three (3) month probationary period in any job or position on a full-time basis for which the Union is understood the bargaining agent and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee then shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective measured from the date of employmentthe original employment with the Corporation in such full time job or position. Seniority shall not apply to any of the original employment in such job or position prior to employment with the Corporation. If the employee is absent due to illness or injury during this probationary period, the number of working days absent will be added to the probationary period. Notwithstanding, Article 8.01 for the purpose only of determining seniority for the filling of posted jobs the following terms shall apply. (ai) Seniority When an employee from the maintenance shop bids on an operator position their seniority will not allow them to out bid a regular full-time operator with less seniority; and if such employee does fill the vacancy he/she shall be placed last on the seniority list for the purpose of filling future vacancies, posting to runs and overtime. Bargaining Unit seniority is an exclusive right and shall be under the sole jurisdiction of the Union. ii) Similarly, operators who post to the maintenance shop will be applied on governed by the same process. iii) The eligibility of extra board employees for obtaining a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected full time position will be permitted to exercise based on their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffshire. (biv) The CompanyExtra board operators cannot use their service to out bid any regular full- time employee; and, when if such extra board operator does fill the vacancy he shall be placed last on the seniority list for regular operators for the purpose of filling future vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin posting to runs and overtime. v) Any extra board for at least operator who refuses work five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for times in a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work daysrow, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary natureterminated. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created Such extra board operator can re-apply for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff reinstatement in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will future when he/she would be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report available for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority is suspended from duty, shall have the hours of the suspension counted as hours worked for the purpose of overtime and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leaveextra work entitlement. 12.11 An (c) When a regular operator has been reassigned as an extra board operator, seniority will continue to accumulate to a maximum of twenty-four (24) months. (a) If an employee who is covered by the terms of this Collective Agreement, on or after the effective date of this agreement, is promoted or transferred to a position with the Company job outside the bargaining unit unit, the employee shall retain such accrued his seniority in his former job classification for a period not exceeding one (1) yearyear provided the employee pays dues, fines and assessments to the Union during this one (1) year period. If the employee requests to return to his former classification before he has completed one (1) year in this new job, the employee will be credited with his seniority accrued prior to his transfer from the Union provided the employee paid his dues, fines and assessments to the Union. This opportunity will not be given more than once to any employee unless the reason for the transfer is to fill in for a medical leave. 12.12 When jobs are discontinued due to (b) After completing the introduction of new methods and equipmentprobationary period, or due to curtailment of operations, affected employees shall be credited with seniority for the time served and they shall become junior to the last person on the seniority list. All employees shall serve only one probationary period. (c) An employee who resigns from employment with the Corporation shall be entitled to withdraw his/her resignation within two (2) working days of having submitted the resignation in writing. For the purpose of this clause, working days does not include Saturdays, Sundays or holidays. This privilege shall only be allowed once per employee. 9.03 Opportunities for overtime or extra work shall be distributed by the Corporation among employees who normally perform work of a similar nature according to seniority. Full-time employees requesting extra or overtime work must sign the weekly posted sheet. The Supervisor will assign available work using the weekly crew assignments and the employee listing for available work. The seniority rights set out in this paragraph shall not apply to any employee who has worked forty- four (44) hours in a single regular work week or whose total hours in a regular week would exceed forty-four (44) hours if the available overtime or extra work was offered alternate employment to and worked by such employee. Employees not working the extra work offered will be placed at the bottom of the seniority list for the balance of that work week. Employees will not lose this seniority if one (l) day is written on the posted sheet that they will be unavailable to work. (a) Extra work shall be given to split crews and Well-trans operators according to seniority, where practicable and where possible. (b) The relief operator shall have the choice of a day off according to seniority from Monday to Friday only as long as the selection does not place another employee in accordance with Section 12.01 to meet a position of having less than 8 hours between shifts. 9.04 In filling vacancies, new jobs and in making promotions and in making transfers, the Company's labour requirementsCorporation will consider the following factors: (a) seniority; and (b) knowledge, efficiency and if such employees require training ability to perform the alternate employment effectively, they shall be trained by work. (c) physical ability to perform the Company, provided that functions of the jobs they have applied position (d) the Corporation agrees to be trained for are expected to last for fill any full time vacancies or new positions within a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.two

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood ‌ Section 1 Seniority and agreed that where article XII is its application shall be governed by the provisions of Act 78, Public Acts of 1935, as amended. Section 2 Any reassignment in conflict with Appendix B of the Collective Agreementdays, in whole platoons, shifts or in partstations shall be subject to seniority and qualifications. Section 3 Annually, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at allowed to bid their stations for duty assignments on their shifts. If no one from that shift bids any position, the end assignment defaults to the lowest seniority employee on that shift. If there is an opening because of this period and changes in assignment or attrition, those members of that shift shall have first bid on that open assignment. Section 4 When there is an opening on a shift caused by reassignment, retirement, early out, medical retirement, or layoff, etc., the position shall be effective from the date posted within ten (10) days of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offsaid opening occurring. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will opening shall be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five ten (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (510) day period. All jobs After this ten (10) day posting period, if the opening is not filled by job posting, the opening shall be awarded on a first-come, first-served basis until the position is filled. This process shall not apply to openings caused by long-term illness or injury. If an employee is reassigned by the Township to another shift because of temporary long-term staffing shortages, that employee shall have the first bid back to their shift regardless of seniority. Additional fire personnel assigned at the Central Fire Station will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreementused to fill absences at sub- stations created by employee leave time. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor Overtime will be awarded the posting. The Company shall post notices called for in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to accordance with the provisions of Article 28 of this agreement. If no Captain is on duty because of vacation, illness, or any other leave the Lieutenant shall be assigned to the Main Fire Station as Shift Officer for the period in which the Captain is off duty. Section 12.03(b1 The work schedule of employees for the Fire Department shall be as prescribed by Act 125, Public Acts of 1925, as amended by Act 604, Public Acts of 1978, as amended. Section 2 Maintain the minimum deployment of six (6) fire suppression personnel on duty per shift. At the request of either party, the parties shall meet to discuss this staffing allocation. If the parties agree to a change in the allocation, they shall incorporate the change into a supplemental letter of agreement. Section 3 Employees shall be permitted to voluntarily trade work or leave days subject to the approval of the Fire Chief or the Fire Chief’s designated representative. Employees who fail to follow the procedures set out for receiving approval and documenting the job posting will note trading of leave or workdays shall be docked pay for the period that they have a substitute working for them. Trade requests for shift officers shall not be approved if it creates a situation where there is no shift officer on duty. When the Township creates a forty- (40) hour a week position the terms of a temporary naturethe Collective Bargaining Agreement shall apply with the following exceptions or as specifically agreed otherwise. Section 1 Forty (40) hour personnel shall be paid overtime at the rate of 1-1/2 times their hourly rate for all hours worked in excess of eight (8) hours per day or forty (40) hours per week. Overtime shall not be converted to compensatory time. Forty-hour personnel shall not be eligible for firefighter overtime. Section 2 The unit shift officer, Captain/Lieutenant, shall assume command of application of seniority on temporary vacancies is all incidents. Forty-hour personnel, when called to an incident, shall report to the campIncident Commander for assignment. Section 3 Forty (40) hour personnel shall receive the following holidays off with pay: New Year’s Eve, New Year’s Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇▇▇, President’s Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day. In the event that a vacancy is not filled from within holiday falls on the camp unit it employees regularly scheduled day off, they shall receive the day prior to the holiday off with pay. When two holidays fall in succession on the employees regularly scheduled days off, they shall receive the last scheduled workday prior to the holidays and the first scheduled workday following the holidays off with pay. Section 4 Such employee will accrue twelve (12) hours sick leave per month to a maximum of 1720 hours. All of the hours accrued over 1720 will be paid in the same manner as provided in Article 35 Section 6. Section 5 Forty (40) hour personnel shall be filled eligible for annual vacation with pay on an area the following basis: After 1 year - 80 hours annually After 5 years - 120 hours annually After 10 years - 160 hours annually After 15 years - 200 hours annually After 20 years - 240 hours annually Vacation time may be taken in a minimum of four (4) hour segments. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any No more than eighty (80) consecutive hours may be taken in a thirty- (30) day period without permission of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for workFire Chief. Employees will be required permitted to acknowledge receipt of such notice and report for work on bank 100 hours each year pursuant to the date specifiedlanguage in Article 34, unless other arrangements have been made, in writingSection 5. Section 6 Forty (a40) An employee's seniority hour personnel shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than receive twenty-four (24) months if requested hours of personal time annually. This time shall be non-cumulative from year to year. Personal time may be taken in writing a minimum of four (4) hour segments. Section 7 In lieu of a food allowance, forty (40) hour personnel shall receive a lump sum payment equivalent to 50% of the annual food allowance per Article 31 of this agreement Section 1 The position of Fire Marshal for promotional purposes shall be equal to the rank of Captain. The Fire Marshal shall work a forty- (40) hour workweek. The Fire Marshal shall receive a base hourly rate, plus longevity and training increments. Section 2 Wage increases for the Fire Marshal shall be tied to the bargaining unit contract using a multiplier of 1.5 of the wage increase for captains. The 1.5 multiplier shall also apply to longevity steps and training increments. Section 3 The Fire Marshal's work schedule is forty (40) hours per week, Monday through Friday between the hours of 0700 and 2000 not working more than 10 hours a day. Regular work hours will be established by the employee before Fire Chief. The Fire Marshal shall be paid for call-ins, investigations, and any meeting after regularly scheduled work hours where attendance is required and approved by the elapse of twelve (12) full months or layFire Chief, at 1-off1/2 times the employee’s straight-time rate, but shall not receive compensatory time. 12.07 Section 4 The Company agrees Fire Marshal will be provided a vehicle for duty use. The Fire Chief will determine the availability of the vehicle for driving to submit and from work. Section 5 The Fire Marshal shall be considered as a forty (40) hour employee under Article 16. Except as provided for in this Article and in Article 16, the Fire Marshal shall be covered by all the other terms and conditions of employment of the Collective Bargaining Agreement. Section 6 In addition to the Union an alphabetical listprovisions of Article 32, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafterFire Marshal shall receive annually a $200.00 clothing allowance. 12.08 A seniority list Section 1 It shall be prepared a condition of employment as a full-time firefighter, each new hire must have passed both Firefighter 1 and posted monthly in each camp and forwarded to 2 of the Union office showing state examination as required by Act 291 of the seniority date and posting/position held Public Acts of each employee with 1966 as amended; as well as possess an emergency medical technician license from the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationState of Michigan. In such casesaddition, an employee shall receive they must pass the rate for the job to which the employee is transferred. In case Conference of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇Western ▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate written test and a nationally recognized CPAT test. Section 2 An evaluation committee composed of the job classification, whichever is higher. officer(s) and two (a2) An firefighters from the assigned shift shall be established for each probationary employee. A recommendation as to whether the employee who has accrued seniority and is then employed by successfully completed the Union probationary period shall retain such accrued seniority for be given to the Fire Chief or his designated representative prior to the end of the employee's probationary period. Each firefighter shall have a period not exceeding one (1) yearyear probationary period to determine if that individual meets the standards of the Fire Department. A standardized evaluation form shall be used to ensure continuity, and allow for both the new employee understand their strengths and weaknesses. (b) An employee who has accrued seniority and is employed by Local 324 Section 3 As a condition of continued employment, all employees hired after March 31, 1984 shall be granted Leave required to obtain and to maintain an EMT license. Section 4 Employees shall notify the Township immediately upon revocation or suspension of Absence from their driver’s license or at any other time the Companyemployee does not possess a valid Michigan driver’s license. Section 5 Any new firefighter shall be given an eighty (80) hour orientation program (2 weeks, 40-hour shift). The employee new fire fighter will go back be assigned to each shift for ten (10) 24-hour shifts for the purpose of evaluation. The evaluation committee from each shift shall submit to the position they held Fire Chief a written report on this firefighter within five (5) calendar days of the conclusion of each thirty (30) day evaluation period. At the end of the ninety (90) day period, the Fire Chief and the evaluation committees shall determine if the firefighter is ready for permanent assignment. The firefighter may be assigned sooner if the evaluation committees and the Fire Chief agree prior to their leave upon returning from said leave. 12.11 An employee who the end of the ninety (90) days that the firefighter is promoted or transferred to a position with ready for permanent assignment. When it is determined that the Company outside the bargaining unit shall retain such accrued seniority firefighter is ready for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectivelypermanent assignment, they shall be trained by counted on the Companyfloor for staffing purposes and assigned wherever needed. In the absence of the Fire Chief, provided that the jobs Joint Labor Management Team shall designate a shift officer to make these evaluations and determinations. Section 6 If any employee is injured or becomes ill during their probationary period and is absent for longer than fourteen (14) calendar days they will have applied to be trained for are expected to last their probation extended for a period equal to the duration of three (3) months their illness or more. It is understood this does not apply to seasonal lay- offsinjury.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on An employee, other than a Company wide basis student hired for the vacation period, shall acquire s eniority status after being in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each employ of the employees so affected will be permitted to exercise their seniority Company for a probationary period of one hundred and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffseighty consecutive days. (b) Seniority shall govern in the case of a layoff so long as the remaining employees have the skill, ability and qualifications to perform the available work, and shall be implemented in accordance with the Job Posting and Layoff (Appendix 1 attached hereto and a part of this Agreement). Copies of the Job Posting and Lay-Off Procedure are available to the Union and will show the established lines of progression and retrogression. The CompanyCompany agrees not to revise the Procedure during the term of the agreement. However, when filling vacanciesany addition to the Procedure shall not be deemed to be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will do so be assigned by the Company according to the employee's seniority and subject to the first paragraph of this clause, to the lowest classification of any job progression (and such assignment may be to that classification occupied by the employee with the least seniority of all the employees in the bottom classifications of the lines of progression. For moving shifts the order of selection is based on a volunteer basis first, then based on seniority if skills and abilities (as determined by management) are sufficient to maintain a safe and efficient operation. (i) For the purposes of this agreement, seniority for employees employed by Evonik Canada Inc. acquired from within Kemira on December 1, 2011 shall be deemed to be the same as it was at the conclusion of their employment with Kemira. Persons employed after December 1, 2011, shall have their seniority date from the day they enter the bargaining unit regardless of prior employment history. (ii) Seniority shall be retained and continue to accumulate during a period that the employee is not actively employed for up to twelve (12) months. (iii) Seniority shall be lost and the employee’s employment terminated if: - the employee is not actively employed for a period in excess of twelve (12) months - the employee voluntarily resigns - the employee retires in accordance with Article XIIan established retirement policy - the employee fails to return from an authorized leave of absence or uses a leave for other than the purposes it was allowed or claimed - the employee fails to return from a layoff within five working days of being contacted either personally by phone or by registered mail, in delivery to the employee’s last known address. Notice of impending vacancies will be posted on the camp bulletin board for The Company may issue a recall notice with a fixed date at least five (5) working days. It is agreed howeverdays from delivery as set out above, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted in which case the employee must return on the bulletin boards by specified day and time. - the employee is absent without leave for three (3) days unless the employee was unable to notify the Company, or have it notified, of a reason acceptable to the Company for a period of five such absence. (5d) working days prior When employment offers are made, former employees whose employment with the Company was terminated during the preceding twelve months due to any appointment to such jobs, stating lay-off and who are qualified for the normal job requirements. Employees or jobs available shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants offered employment on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which seniority accumulated prior to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingtermination. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies be under no obligation to re-employ such a former employee unless said person has filed a current address and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, telephone number with the Company will forward to for this purpose, can be reached when the Union a list of all applicants opportunity for employment arises and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) is available for work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the campwhen required. In the event that a vacancy former employee fails to accept re-employment the Company may consider that said person no longer wishes to be re-employed. (e) The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union. (f) The Company agrees to alter the seniority lists at least every four months and to correct any errors therein whenever proof of error is not filled from within submitted by the camp unit it Union or any employee. No change shall be filled on made in the seniority status of an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for employee without consultation with the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobUnion. 12.04 In case of layoff which is to exceed two (2g) working days, the Company No employee will notify, in writing, the employees intended to be laid off, at least two (2) working days nor will a recall be prevented, nor will a job classification in advanceSchedule “A” be eliminated because of a contracting out of any bargaining unit work by the Company. This does not prevent the Company from re-assigning an employee, with a copy of but in such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job retain his old classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the pay rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classificationnew classification rate, whichever is higher. (ah) An employee who has accrued seniority leaves the bargaining unit for another position with the Company and is then employed by who subsequently returns to the Union shall retain such accrued seniority for a period not exceeding bargaining unit within one (1) year. (b) An employee who has accrued year of leaving will be allowed to bridge prior seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside date of re-entry and accrue seniority in the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearthereafter. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It 14.01 Seniority date shall be based on the first day for which the employee is understood and agreed that where article XII is in conflict with Appendix B paid. 14.02 When two or more employees commence work on the same day (as per Article 14.01), the procedure for establishing their relative seniority shall be as follows: (a) the employee who commenced work at the earliest hour of the Collective Agreementday shall be senior; (b) all other things being equal they should be placed on the seniority list as 14.03 Seniority and all service benefits shall be maintained and continue to accrue unless an employee: (a) resigns from the service of the Employer; (b) is discharged for just cause and is not reinstated; (c) is not recalled within a nine (9) month period from date of lay-off; (d) fails to report for two (2) regularly scheduled shifts within a six (6) month period without notifying the Employer unless the employee has good and sufficient cause for failing to report for duty; (i) regular scheduled shifts are understood to include scheduled shifts, in whole or in part, the terms approved transfer shifts and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offmutually agreed upon call-ins. 12.02 Employment (e) a casual employee who has been contacted by the Employer and has declined or been unavailable to work for a period of any new employee shall thirty (30) days. (f) appointment date will be considered as probationary until they have worked adjusted forward for the lengths of all leaves greater than thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period granted under Article 8.03 (e) except those that are granted for education upgrading and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp training which provides instruction that is related to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, employment opportunities with the exception Employer or those that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified are granted for ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherparenting. (ag) An employee who has accrued seniority fails to maintain and is then employed / or obtain a gaming license as administered by the Union shall retain such accrued seniority for a period not exceeding one (1) yearSaskatchewan Liquor and Gaming Authority. (b) An employee who has accrued seniority and is employed by Local 324 14.04 Seniority shall be granted Leave of Absence from the Companyadministered on a bargaining unit wide basis unless otherwise specified in this Agreement. 14.05 The Employer shall prepare a seniority list showing each employee’s seniority date. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees list shall be offered alternate employment completely revised semi-annually in accordance with Section 12.01 January and June, subject to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they review. The list shall be trained by posted on the Company, provided that the jobs Union bulletin boards where they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offslocated.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay lay-offs and recalls after lay- offlay-offs. An employee who has established seniority and is then employed on a full-time basis by the Union shall retain his seniority for a period not exceeding twelve (12) months. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty forty-five (3045) days within a six-month period. Seniority of new employees shall be established at At the end of this period and period, his seniority shall be effective from established, and he shall be placed on the date seniority list in order of employmenthire. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffslay-offs. When layoffs lay-offs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their his seniority and transfer to a job for which they are he is qualified, provided that, having received advance notice in accordance with section Section 12.04, the employee he advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their his desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layofflay-off, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs lay-offs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffslay-offs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another another, senior employees shall receive first consideration. In such cases, cases an employee shall receive the rate for the job to which the employee he is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their for his previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (ac) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence The Company, when filling vacancies, will do so from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside within the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet Article 12. Notice of impending vacancies will be posted on the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained camp bulletin board for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.at least five

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood Section A. Seniority shall be defined as total years of service to the Livonia Public Schools, computed from the first day teachers reported for work. Part-time contractual employment preceded and agreed that where article XII is in conflict with Appendix B followed by full-time employment shall not interrupt years of the Collective Agreementservice. Professional leaves, in whole sabbatical leaves, health leaves, family medical leaves, or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee military leaves shall not be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority interruption of new employees shall be established at the end years of this period service, and shall be effective from the date of employmentcounted toward seniority. Maternity and personal leaves shall count toward seniority. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to Section B. In the completion circumstances of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) weekteacher beginning employment on the same date, otherwise the district determination will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period date of five (5) working days prior to any appointment to such jobsofficial BOARD action employing the teachers, stating the normal job requirements. Employees shall not be considered for such jobsthen date of offer letter, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis and finally, date of Section 12.01 return of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingoffer letter. The Company shall post notices in camps showing teacher with the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary earliest employment date will be forwarded to have the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the campmost seniority. In the event that more than one teacher has the same four (4) sets of determining dates for seniority then the relative place of such persons on the seniority list will be determined by a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not availabledrawing of lots, spare operators will fill participated in by all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforceaffected teachers. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any notice of the reasons set forth above provided howeverdrawing, that the job is still in effect including date, place and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent provided in writing to an employee at their given address at least fourteen the ASSOCIATION and all affected members one (141) days week before they are required to report for workthe drawing. Employees The drawing will be required conducted openly and at a time and place that reasonably allows all interested teachers, and particularly those affected, to acknowledge receipt attend. The President of such notice and report the ASSOCIATION or his/her designee shall draw for work on any person unable to be in attendance. All affected teachers will be notified in writing of the date specified, unless other arrangements have been made, in writingresults of the drawing within one week of the drawing. (a) An employee's Section C. All seniority shall not be broken by sickness or injury certified by is lost when there is both a licensed physicianseverance of employment and an interruption in service; however, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken is retained if the employee quits, or a severance of employment and an interruption in service is discharged and not re-instated, if the employee fails due to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationlayoff. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee teachers so affected shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate all seniority that has been accrued as of the job classificationeffective date of layoff, whichever and shall continue to accrue seniority for a continuous period equal to the seniority acquired at the time of such layoff, not to exceed five (5) years. Right to recall is higherterminated at the end of that period. Right to recall is terminated when a position is offered and refused. (a) An employee Section D. The seniority list shall be published by December 15 of each year, with notation of certifications then on file with the BOARD for each teacher. They will be posted in the area of each building reserved for teachers' use. A copy of the posted seniority list and all subsequent updates shall be provided to the ASSOCIATION. Section E. The current practice of granting bargaining unit seniority to administrators shall continue for administrators currently employed by the BOARD. As of September 19, 1994, teachers who has have accrued seniority and is then employed by the Union who become administrators in this district shall retain such accrued have their bargaining unit seniority for a period frozen and shall not exceeding one (1) year. (b) An employee accumulate additional bargaining unit seniority. Administrators who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence are hired from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the district shall have no seniority in the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearunit. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Professional Agreement

SENIORITY. It is understood 10.01 Seniority' shall mean an Employee's length of service, calculated in regular hours worked and agreed that where article XII is in conflict with Appendix B of divided by one thousand eight hundred twenty (1820) from the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityappointment date (Article 31.03 - Definitions). Seniority will govern subject to reasonable consideration of skill, efficiency and ability, shall be affected as described below in promotions, transfers, lay offs and recalls after lay- offArticle 10.02. 12.02 Employment of any new employee shall 10.02 Seniority accrual will be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at affected in the end of this period and shall be effective from the date of employment.following circumstances: (a) Seniority will The seniority of Employees who were in YusApuY Unit 1 positions prior to the ratification of this Agreement, where hours of work were other than full-time, (one thousand eight hundred and twenty (1820) hours per year), shall be applied determined on a Company wide pro-rata basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04the proportion of full-time hours worked, the employee advises the Company, prior to the effective date of the advance notice and except as provided for elsewhere in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticethis Agreement. It is understood agreed, however, that such Employees shall accrue seniority for unpaid hours to a maximum of four hundred fifty-five (455) hours per year. If, for reasons other than layoff, an Employee, affected by this article, accepts another position in the bargaining unit, seniority from the date that the Employee starts the new position will henceforth be calculated as outlined in Article 10.01 above, and agreed that when layoffs are occasioned by the completion provisions of seasonal activities, Company-wide seniority this Article will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsno longer apply. (b) The Companyseniority of Employees who were in YusApuY Unit 3 prior to the ratification of this Agreement, when filling vacancies, will do so from within the bargaining unit shall be calculated in accordance with Article XIIthe provisions of Article 10.01. Notice of impending vacancies Seniority will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevercalculated from December 2, that temporary appointments may be made without posting for filling vacancies 1996 or date of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee position in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantbargaining unit. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or An Employee who takes a leave of absence not exceeding thirty (30) work days, without pay to fill a full-time position in YusApuY shall be classified as a temporary vacancy and shall be filled according continue to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of accrue their applicable seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of during such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingleave. (ad) An employee's Temporary Employees may use their accrued seniority shall not be broken by sickness or injury certified by to apply for a licensed physicianposition as provided for in Article 12 - Job Posting, licensed dentist or licensed chiropractorfor a maximum of four (4) calendar months after completion of the temporary assignment. (be) An employee's Employees, while on sick leave, shall continue to accrue their applicable seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 a period of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse or until expiration of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classificationsick leave credits, whichever is highergreater. (af) An employee who has accrued seniority Employees on a combined leave (pregnancy and is then employed by the Union parental) shall retain such accrued accrue their applicable seniority for a period not exceeding one (1) yearthe duration of such leaves. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offSec. 12.02 Employment of any new 3.01 Seniority for each regularly paid employee shall be considered who has been employed as probationary until they have worked thirty such for six (306) days months within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full consecutive months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by under this Agreement shall begin as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first day of May of each year thereafter. 12.08 A such employment. If the employee’s seniority list shall be prepared has been broken and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferredre-employed, then and in that event the employee’s seniority after having been re-employed for a period of six (6) months within twelve (12) consecutive months, shall begin on the first day of re-employment after the employee’s most recent loss of seniority hereunder. In case The foregoing shall not alter or affect seniority rights such as paid time off (PTO), annuities, or other benefits and privileges to which such regular employees may be entitled for service with the COOPERATIVE prior to being employed or re-employed. 3.02 When it becomes necessary for the COOPERATIVE to reduce its force because of lack of work, employees shall be demoted or released in accordance with straight seniority within the occupational group that has a temporary change lack of work. When restoring the forces, those most recently demoted or released on account of curtailment of work in each occupational group shall be first to a lower job classification, the employee shall retain the rate of their previous job classificationbe restored or re-employed in that group. For determining the rate purpose of pay for pieceworkers transferred to day workthis section, the rate specified for occupational groups shall be as follows: Group 1 - Line and Service ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) and Serviceman Lineman - Journeyman and Apprentice Group 2 - Warehouse Clerk 3.03 Promotions of employees shall apply, or be vested exclusively in the rate COOPERATIVE. In the event qualifications of the job classificationemployees subject to promotion are equal, whichever is higherseniority shall prevail. (a) An Should an employee who has accrued seniority and is then employed by refuse a promotion, it shall have no effect on the Union shall retain such accrued seniority for a period not exceeding one (1) yearemployee’s future promotions. (b) An employee who has accrued seniority promoted to a new position will be given a reasonable opportunity to demonstrate his/her qualifications and is employed by Local 324 ability. If the employee does not qualify within ninety (90) calendar days, he/she shall be granted Leave of Absence from the Company. The employee will go back returned to the position they held prior he/she formerly held. In addition, the employee may voluntarily choose to their leave upon returning from said leavereturn to his/her former position if exercised within the same ninety (90) calendar days. 12.11 An employee who is promoted (c) When vacancies occur or transferred to a position with the Company outside when new positions are created within the bargaining unit unit, the COOPERATIVE will email notice to the employees, announcing the position as open, and that it will remain open for bids for forty (40) normal business hours. Employees desiring to be considered shall retain such accrued seniority make written application to the Department Supervisor of the COOPERATIVE. When necessary, temporary assignments will be made for a the period not exceeding one (1) yearthe position is considered open. 12.12 When jobs are discontinued due (d) Seniority in occupational Group 2 shall not be transferable to the introduction of new methods and equipment, or due Group 1 for promotion purposes. Total COOPERATIVE time will be considered in other benefits except promotion from Group 2 to curtailment of operations, affected employees Group 1. (e) Employees bumped from Group 1 to Group 2 shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained on probation for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.ninety

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood a. Seniority rights of all full-time and agreed that where article XII is in conflict with Appendix B regular part-time employees covered by this Agreement are recognized by the employer for purpose of the Collective Agreementlayoffs, in whole or in part, the terms scheduling of vacations and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityrehiring. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered defined as probationary until they have worked thirty (30) days within a six-month period. Seniority the employee's length of new employees shall be established at the end of this period and shall be effective continuous service with District from the most recent date of employment. (a) Seniority will be applied on a Company wide basis in recallsb. In the case of filling vacancies or job assignments, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each District agrees that members of the employees so affected will Bargaining Unit shall be permitted to exercise their seniority and transfer to given first priority when filling all vacancies hereafter, including vacancies in supervisory positions. Whenever a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04vacancy arises or is anticipated, the employee advises the Company, prior to the effective date Superintendent or his designee shall post notice of the advance notice same within fifteen (15) days of the occurrence of the vacancy or job assignment and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five not less than ten (510) working days prior to any appointment to such jobs, stating before the normal job requirementsposition is filled. Employees The position shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreementexperience, competency, and seniority. Employees accepting the posted jobs Any vacant position or new job assignment shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and together with the job posting will note that it is of description, job qualifications and a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit proposed salary, and it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any within forty-five (45) days of the reasons original posting date. Nothing set forth above provided however, that in this paragraph shall be construed to prohibit District from choosing not to fill a vacancy upon the job is still in effect and it is not filled by occurrence of a senior employee who vacancy for reasons of notice economy or in the exercise of lay-District's inherent managerial prerogative. c. Employees who are laid off from their former job has exercised because of a reduction in force or who are absent because of disability other than disability covered by Workmen's Compensation, shall retain their seniority on this particular job. 12.04 In case rights for a period of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy years. Employees who are disabled because of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice disability covered by Workmen's Compensation shall retain their seniority until termination of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Goddisability. 12.05 When d. The district shall post a seniority list of members of the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by Bargaining Unit during the first of May week of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) school year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. (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 in filling job vacancy, permanent transfer, layoff and recall after layoff, senior employees shall be entitled to preference. (b) In recognition, however, of the responsibility of the Management for the operation of the plant, it is understood and agreed that where in all cases referred to in 15.01 (a), Management shall have the right to pass over any employee if it considers that the employee does not have the ability and qualifications to perform the work within a basic training period of not less than three (3) working days worked but not more than seven (7) working days. A person who is the successful candidate for a job opportunity under this article XII is not eligible for another job opportunity until the employee has completed three (3) months of work in conflict with Appendix B their current position. Further, should any employee be the successful candidate to a job opportunity on three occasions in any calendar year, such employee will not be eligible for any further job opportunity in such calendar year. If an employee is not successful during the basic training period the attempt will not count as a successful posting. If the Company determines that it will pass over the employee during the first two months of work in the position, this period of work will not count as a successful posting for the purposes of this provision. The following classifications are exempted from basic training periods: painter, maintenance department classifications; lead hands; truck drivers; set up persons; press operators; and die correctors. If there is proven experience, it must have been obtained within the last five years. The Company agrees not to use this consideration in an unreasonable manner. Basic training periods shall be limited to two (2) per job on any occasion. On recall the trial period is to be two (2) working days. (c) In the event new employees are hired on the same date, seniority will be established based on alphabetical order of the Collective Agreementsurname. 15.02 The probationary period for all employees shall be six hundred (600) hours worked except for Maintenance employees and Die Correctors which shall be nine hundred (900) hours. All references to waiting periods in article 17 will now refer to successful completion of the probationary period. An employee's probationary employment and its termination shall not be subject to the grievance procedure. After the completion of the probationary period, seniority, in whole the case of all employees except maintenance employees and Die Correctors, shall date back to a date six hundred (600) hours worked and, for Maintenance employees and Die Correctors, to a date nine hundred (900) hours worked, prior to the date on which he/she completed his probationary period. Maintenance positions are not to include Labourer. 15.03 Seniority shall terminate when an employee: (a) quits for any reason; (b) is discharged and is not reinstated through the grievance procedure or in partarbitration; (c) has been on layoff for a continuous period of eighteen (18) months; (d) who has been on lay off for a continuous period of less than eighteen (18) months and who fails to notify the Company of his intention to return to work within three (3) working days after being notified by registered mail or by courier to the last address he/she has recorded with the Company, and unless he/she actually returns to work within five (5) working days after he/she has been so notified; (e) fails to return to work immediately after the terms and conditions expiration of a leave of absence. (f) fails to report for work when scheduled to do so on three (3) consecutive working days or more without notice to the Company unless such failure to notify is for a reasonable bona fide excuse acceptable to the Company. (g) retires 15.04 An employee shall accumulate seniority under any of the following conditions: (a) while he/she is at work for the Company, after he/she has completed his probationary period as set out in Appendix B Section 15.02; (b) absent due to layoff, sickness or accident; (c) during any absence due to written leave of absence. 15.05 An employee who does not qualify to accumulate seniority under Section 15.04 shall maintain his existing seniority unless and until he/she loses same pursuant to Section 15.03. 15.06 Committee members and Union Stewards will supersede same 12.01 The Company recognizes be issued an up-to-date seniority list on a monthly basis. A copy shall be posted on the principle plant bulletin board for inspection. An additional list given to the Union every three months shall contain the employee’s classification and rate of senioritypay, the most current address and phone number on file with the Company, probationary employees and also students shall be shown on the list. Seniority will govern subject as referred to reasonable consideration in this Agreement shall mean service in the employ of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period Company and shall be effective from on a plant wide basis. 15.07 Any employee who is transferred to a position outside the bargaining unit after the date of employmentthis Agreement, who is later transferred back, within a three (3) month period, shall only be able to return as a 15.08 In case of an emergency such as breakdown of machinery, power failure, failure of raw material supply, Acts of God, or temporary lack of orders, the Company may lay off any employee for a temporary period of up to one (1) week in duration without regard to the seniority provisions of this Agreement. Any violation of this section by the Company or the Union shall be subject to the Grievance Procedure. (a) Seniority will be applied on All vacancies in a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job department for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts positions for more than one (1) weekmonth's duration shall be offered initially by seniority to employees in the same classification and department as where the vacancy occurs. Any such remaining vacancies, otherwise which cannot be filled in this manner and newly created positions, shall be posted for three (3) working days on the district will bulletin board supplied for the Union's purpose. Any employee desiring the position posted shall make application to management within three (3) working days after the first posting of the said notice. Such vacancies shall be the unit of application of seniority on seasonal layoffs.filled in accordance with Section (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior Employees who desire to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply the classification of labourer or production helper will notify the Human Resource Manager of their desire in writing within the five (5) day periodwriting. All jobs A copy of this notification will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded provided to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantPlant Chairperson. (c) A In the event of a temporary job that becomes vacant because the incumbent has had vacancy which is expected to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave be in excess of absence not exceeding thirty (30) work days, shall due to illness, injury or other medical reasons, educational leave or leave under Article 22, such vacancy will be classified posted as a temporary job in the same manner as a permanent vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobaccordance with Article 15. 12.04 In case of layoff which is to exceed two (2) working days, 01. During the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than first twenty-four (24) months if requested in writing by of his absence the employee before will be reinstated to his job on his return to work and the elapse employee who has filled the temporary vacancy will return to his former job. In the event the absent employee becomes capable of twelve returning to his job subsequent to twenty-four (1224) full months or lay-off. 12.07 The Company agrees from the date of his absence, he/she will be reinstated to submit his job provided he/she has sufficient seniority to do so. Otherwise he/she will be reinstated to a position in accordance with Article 15.01. Should the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each absent employee with leave the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In , such casesas resigns, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationretires or passes away, the employee shall retain the rate of their previous temporary job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇will no longer be considered temporary and will be re-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherposted as a permanent position in accordance with Article 15.01. (a) An employee who has accrued seniority and is then employed by In the Union shall retain event of a layoff due to lack of work, the Company agrees to give four (4) working days' notice of such accrued seniority for layoff. In the event of a period not exceeding one layoff due to reasons other than lack of work, the Company agrees to give twenty-four (124) yearhours' notice of such layoff. (b) An employee who has accrued seniority and is employed by The Local 324 Plant Chairperson shall be granted Leave notified in advance of Absence from the Company. The employee will go back names of any employees slated for layoff and shall review the seniority list and the expected duration of same. 15.11 A list of the names of employees who are on layoff shall be posted on the bulletin boards and a copy given to the position they held prior to their leave upon returning from said leaveLocal Plant Chairperson. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 8.1 Seniority shall be terminal wide and include all persons including Brokers working at the terminal and on the terminal payroll except as outlined in Article 9. It is understood and further agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee Maintenance Department’s seniority shall be considered as probationary until they have worked thirty (30) days separate and not interchangeable with any other department within a six-month periodthe terminal. Seniority of new employees Company Drivers who become brokers shall be established at retain their same seniority on the end of this period seniority list. Brokers who become Company Drivers shall retain their same seniority on the seniority list and shall be effective from the date treated as new employees for vacation purposes only. 8.2 The purpose of employment.seniority is to provide a policy governing work preference, layoff and recall: (a) Seniority will be applied on a In the event of layoff, the Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to shall consider: (i) the completion of seasonal operations, or a part thereof, each seniority of the employees so affected will be permitted to exercise their seniority employees; (ii) the qualifications of employees; and transfer to a job for which they where the qualifications are qualified, provided that, having received advance notice in accordance with section 12.04relatively equal, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less employee’s seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will shall be the unit of application of seniority on seasonal layoffsdetermining factor. (b) The In all layoffs, where the qualifications of an employee are questioned by the Company, when filling vacanciessuch employee will immediately be given the opportunity to perform the work in question to determine if he is qualified. (c) A layoff for an employee shall be considered commencing upon notification of no work within his Department/bid, will do so from within at which time the bargaining unit in accordance with Article XII. Notice of impending vacancies employee will be notified if there are junior men working in any other Department/Bid. He may then exercise his seniority to bump the most junior man in the Department/bid of his choice and work on that shift to the end of that workweek. He may then exercise his seniority as to shift and starting time in that Department/bid at the commencement of the following week. After seven (7) days, an employee must exercise his seniority. Such moves shall be considered temporary’ and lasting only until such times as the work force requirements for the foreseeable future are returned to normal. (d) If a continued loss of workdays exists for an employee through shortage of work within any department or in case of a pending layoff, the Company or the Union may request a meeting to discuss alternative work for such employee. (e) An employee who is forced to move under the preceding conditions shall retain his seniority for all purposes except, that as long as there is available work, he shall not interfere with bid runs or special operations within his new department. 8.3 Seniority lists containing the name and the starting dates of all Company drivers and Brokers will be prepared and posted in the terminals every three (3) months on the camp bulletin board boards, with sufficient copies for at least five Stewards and Business Representatives. Company drivers who become Brokers will retain their same seniority on the seniority list. A seniority list containing the names, addresses and telephone numbers of employees as contained in the records of the Company will be prepared and forwarded to the Local Union office annually during the month of September. This article could be discussed between the Union and the Company if an unforeseen or unusual circumstance appears. 8.4 Hiring of Employees will necessitate a ninety (590) working daysday probationary period or six (6) calendar months of employment whichever is less. It is agreed howeverDuring the probationary period, that temporary appointments a probationary employee may be made disciplined or discharged without posting recourse to the grievance and arbitration procedures in this Agreement. Upon completion of the probationary period, if the person is retained in the employ of the Company, his name shall be placed on the seniority list and he shall be assigned a seniority date which will be his original date of hire, 8.5 Employees promoted to supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for filling vacancies a twelve (12) months period only. If demoted for any reasons or if they voluntarily request reinstatement to their former position, the time served in the supervisory position shall be included in their seniority rating. Such employee shall forfeit any and all recourse to the grievance procedure as outlined in this Agreement should he be subsequently discharged in such position beyond the jurisdiction of less this Agreement. This article to be applied only once for an employee during the term of this Agreement. 8.6 An employee’s seniority shall be lost and an employee’s employment shall be terminated for any of the following reasons: (a) if an employee voluntarily quits; (b) if an employee is discharged and is not reinstated pursuant to the grievance procedure as provided in this contract; (c) if an employee has been laid off and not employed elsewhere and has refused to return to work within twenty-four (24) hours after being contacted, personally. When the employee cannot be contacted or is employed elsewhere, then the Company will notify the employee by registered mail to his last known address to return to work and he will be allowed no more than seven (7) consecutive days from the date of notification to report for duty. (d) if he takes employment other than that declared and agreed upon when applying for leave of absence; (e) if an employee is absent from work without securing a leave of absence for more than three (3) consecutive working days; (f) if the employee is laid off and not recalled for a period extending beyond thirty-six (36) consecutive months. (g) if the employee is unable to maintain a valid AZ license. 8.7 Leave of absence in excess of thirty (30) calendar days duration. Newly created jobs or an extension to an existing leave that will exceed in total thirty (30) calendar days will not be posted on granted until a request for same is submitted in writing to both the bulletin boards by Local Union and the Company for a period of five (5) working days prior and is mutually agreed upon. 8.8 Absence due to any appointment to such jobs, stating the normal job requirements. Employees bona fide illness or injury shall not be considered cause for discharge or loss of seniority, provided the Company is notified of such jobs, unless they apply in writing within illness or injury. The employee shall notify the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time Company when he is required). Failure of an employee to qualify shall entitle them able to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantwork. (c) A job that becomes vacant because the incumbent has had 8.9 Any employee who is elected to vacate it due to sickness a full-time Municipal, Provincial or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or Federal Government office shall be granted a leave of absence in order to fulfill his elected duties for the initial term of office only, he must advise the Company before the next dispatch or as soon as possible. 8.10 The provisions of Article 6 of this Agreement shall not exceeding thirty (30) work days, apply to probationary employees nor shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is Article 6 of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall this Agreement be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice available to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due with respect to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godany probationary employee. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It Seniority rights shall prevail on an Operating Center basis except Operating Centers in the Broadway Building shall operate from one seniority list, and operating centers in the Eagan and Maple Grove buildings shall operate form one seniority list. The senior employ- ees in point of service with the Employer shall be provided full- time employment when work is understood available in their respective job classifications. If an employee is laid off in excess of two (2) weeks, they may exercise their seniority rights in the event an employee junior to them is working in the classification in another Center in the same Local Union area; in which case they will then replace the most junior employee in the classification in that Center and agreed must remain in that where article XII Center for at least two (2) years. In reducing the personnel because of lack of work or for other legitimate reasons the last employee hired shall be the first laid off and re-employment shall be in the reverse order. Whenever a Center is in conflict with Appendix B of closed and the Collective Agreement, in whole work is transferred to or in partabsorbed by another Center, the terms affected employees will be entitled to follow their work and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee their seniority shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established dovetailed at the end of this period new Center. Whenever a Center is partially closed and shall the work is transferred to or absorbed by another Center, the affected employees may either follow their work and have their seniority dovetailed in the new Cen- ter or be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted allowed to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice remain in accordance with section 12.04, the employee advises the Company, prior to the effective date their pres- ent Center. If any of the advance notice employees whose work is transferred elects not to follow their work, then the remaining employees on the senior- ity list from which the work was transferred may elect in seniority order to follow the transferred work and have their seniority dove- tailed in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offnew Center. The Company employees who elected not to follow their transferred work will provide then in seniority order select the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled va- cated by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by who chose to follow the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camptransferred work. In the event that a vacancy is not filled permanent job opportunity develops in the clas- sification of work at the original center from within which an employee moved as a result of the camp unit it change of operation, the employee shall be filled allowed to return at their expense on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two one (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice 1)-time basis to the Union Grievance Committeeoriginal center. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for This opportunity must take place within twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higheroriginal move. This Section shall supersede the six- for-one provision elsewhere provided in this Agreement. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: National Master United Parcel Service Agreement

SENIORITY. It A. Seniority is understood and agreed that where article XII is in conflict with Appendix B defined as length of the Collective Agreement, in whole or in part, the terms and conditions service as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied determined by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) accumulated work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-Mt. ▇▇▇▇▇▇ Schools. Approved unpaid leaves of absence will not terminate nor add to seniority in the school district unless otherwise specified in this Master Agreement. However, resignation shall terminate accumulation of work days. All positions covered under this Master Agreement shall be applicable to this provision. The following leaves of absence will not terminate nor add to seniority: ARTICLE XI-G ARTICLE XIV-C, 1, 2 & 3 (Tree Length Skiddingunless paid by the Board) F, G, H, I & J. Approved leaves of absence will not terminate nor add to seniority in the school district unless otherwise specified in this Master Agreement. All positions covered under this Master Agreement shall be applicable to this provision. Short term leaves, without pay, of one day or more, will not accrue seniority. B. All school years prior to 1985-86 are considered to have 185 work days. All months within a school year prior to 1985-86 are considered to have twenty (20) work days per month. Beginning with the school year 1985-86, seniority days per month shall be actual work days in that month. C. When two or more individuals have the same number of contributed work days, the hire-in date will determine seniority. In the event of ties in length of seniority, the last digit of the social security number shall be used to break the tie. The person with the lowest last digit (zero is low, nine is highest) shall applybe ranked higher on the seniority list. If both last digits are the same, the digit on its immediate left shall be used to break the tie. D. Work done in excess of the regularly scheduled work year, as determined by the negotiated school calendar, shall not accrue extra seniority. E. For bargaining unit members hired prior to 1978-79, the seniority date will be the official date of hire by the Board of Education as determined by official records or the rate first day of employment with the job classification, whichever is higherschool district. The earliest date will be used for all employees hired prior to the 1978-79 school year. (a) An employee who has accrued F. The seniority list, including hire-in date, length of in-district service, time deducted, tenure status, certification, endorsements, Highly Qualified subject matter and is then employed earned major(s), shall be distributed to each teacher, the Union and the building representatives by August 31 of each school year. Individuals and the Union shall retain such accrued within thirty (30) school days confirm or challenge the previous school year seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority data. Teachers shall confirm by initialing the building master copy. Copies of all the building masters bearing signatures of the President of the Association and is employed by Local 324 the Superintendent shall be granted Leave of Absence from distributed to each building, the Company. The employee will go back to Association and the position they held prior to their leave upon returning from said leaveAdministration. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Master Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B Section 1. Seniority shall date from the first day of work as a regular employee. In case more than one employee covered by this Agreement was hired at the Collective Agreementsame Board meeting, in whole seniority for the purpose of bidding the open jobs will be established by the "drawing of straws" or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityother chance method. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall then be established at by the end "first day of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job work" for which they are qualifiedthe open job description, provided thatthat was bid, having received advance notice in accordance with section 12.04, indicates. In the employee advises event the Company, prior to "first day of work" is the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts same for more than one (1) weekopen job that was bid, otherwise seniority will have been established by the district "drawing of straws" or other chance method indicated above. Section 2. In any case of any reduction in force in any classification covered by this Agreement, the following procedure will be the unit of application followed. The youngest employee in point of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on laid off first. Any employee whose job has been eliminated by a "cut back" in any classification covered by this Agreement will have the camp bulletin board for at least five (5) working daysright to take up employment in any other classification which his seniority and qualifications permit. It is agreed howeverWhen "laid off'" employees are called back to work, that temporary appointments may be made without posting for filling vacancies the oldest employee in point of less than thirty (30) calendar days duration. Newly created jobs seniority will be posted on called back first, the bulletin boards by second oldest next, etc. Seniority will cease to accumulate at the Company for time of a period layoff and will resume at the time of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsre-employment. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss Loss of seniority or benefits. In in its entirety will occur for any employee who, by their own desire, leave the event there are no successful biddersservice of the District, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or except those employees granted a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to by the provisions Board of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobEducation. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance CommitteeSection 3. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp No new employee will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an hired while any employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1stis on layoff, showing Company seniority dates. The Company will endeavor to unless all laid-off, qualified employees have this list sent to the Union been offered, in writing at their last known address by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationcertified mail, the employee shall retain opportunity to work the rate of their previous job classification. For determining hours and at the rate of pay for pieceworkers transferred which the new employee would be hired. Refusal to day work, the rate specified return to work for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the an equal rate of pay and hours of work in effect in the job classification, whichever is higherclassification at the time the former employee was laid off will relieve the employer of any responsibility of further contacting that employee. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Side Agreement

SENIORITY. It 6.01 Seniority is understood defined as length of service from the employee’s date of hire and agreed that shall be applied on a bargaining unit wide basis. 6.02 In cases where article XII is in conflict employees were hired on the same day, their seniority shall be determined by utilizing the last three (3) digits of their social insurance number with Appendix B the lowest number(s) being placed on the seniority list ahead of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offhigher number(s). 12.02 Employment 6.03 Date of any new hire means the first day that the employee commences continuous employment in the bargaining unit. That day is the first day for which an employee is credited with time worked for pay purposes and time spent in training shall be considered as probationary until they have worked thirty (30) days within time worked. 6.04 An employee who was hired to fill a six-month period. Seniority of new employees shall be established temporary vacancy and subsequently accepts permanent employment during, or at the end of, the term of this period and their temporary vacancy shall be effective from the have their seniority date determined by their date of employmenthire into the temporary vacancy. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. 6.05 The Company will provide the Union Grievance Committee, prior shall maintain an up to the intended layoff, with a date seniority list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies which will be posted on the camp Union bulletin board and a copy sent to the Union semi- annually. 6.06 The seniority list shall be posted and kept open for requests for corrections up to and including June 21st of each year. 6.07 It shall be the sole responsibility of each individual employee to examine the list and make written request to the Director, Human Resources and the Union for any correction during the posting period. 6.08 Notwithstanding the foregoing, the Union may request corrections to the seniority list at least five (5) working daystimes other than the stipulated period. It is Such corrections, if mutually agreed howeverupon between the Union and the Company, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will become effective immediately and will be posted on incorporated in the bulletin boards by new list of the Company subsequent year and the employee(s) will be so advised in writing. 6.9 Seniority shall be retained and accrued during: (a) sickness or accident to a maximum of eighteen (18) months; (b) authorized leave of absence to a maximum of six (6) months; (c) absence due to layoff for a period equivalent to employee’s seniority at time of layoff to a maximum of eighteen (18) months; (d) suspension without pay; and (e) strike or lockout. 6.10 An employee shall lose seniority, and their employment shall cease, and their name shall be removed from the seniority list for any of the following reasons: (a) when resigning from the Company; (b) when discharged and the employee is not reinstated pursuant to the provisions of the grievance and arbitration procedures; (c) absent from work for three (3) days without justification; (d) when laid off for a period of five eighteen (518) working days prior to any appointment to such jobs, stating consecutive months; and (e) when employee is absent for reasons other than those declared and agreed upon for the normal job requirements. Employees shall not be considered for such jobs, unless they apply leave in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of question. 6.11 If an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change appointed to a lower job classificationposition outside the Bargaining Unit, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back accumulated up to the position they held prior date of leaving the unit, but will not accumulate further seniority. Such employee shall have the right to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred return to a position vacancy in the Bargaining Unit consistent with their seniority accumulated up to the Company date of appointment outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Companyunit, provided that the jobs they have applied to be trained for are expected to last for a period of appointment does not exceed three (3) months or more. It is understood this does not apply to seasonal lay- offsmonths.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It 8.01 Seniority is understood defined as length of service and agreed that where article XII is in conflict with Appendix B shall govern the selection of individuals for promotion, layoff, and recall provided the Collective Agreementskill ability and qualifications are relatively equal. In the case of transfer into vacancies, in whole or in partseniority being the determining factor, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new such affected employee shall be considered as probationary transferred within a sixty (60) day period. Except in circumstances acceptable to the Company, the successful transferee will not be awarded any job transfers until they have worked he has attained twelve (12) months on the job. A transfer request will not be valid for thirty (30) days within if a sixrequest for transfer is already on file for that Department. 8.02 New employees will serve a probationary period of one hundred and twenty (120) days before acquiring seniority rights. Their seniority will then date back to their starting date with the Company. During the probationary period, such employees may be disciplined or discharged by the Company without recourse to the Grievance Procedure. Probationary employees are not eligible for the benefits specified in this Agreement except wages. Any former Fleetwood Employee hired by Great Lakes Recreational Products Inc, shall not be considered probationary but shall have full rights and obligations under the Collective Agreement. 8.03 It is agreed that when a reduction (lay-month periodoff) in the workforce is necessary, no probationary employee will be retained over seniority employees. Seniority of new employees shall then be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied exercised on a Company plant wide basis in recalls, promotions, transfers from camp for further reduction provided that those employees retained can fill the normal requirements of the job without affecting the efficiency of the Company's operations. If an employee is to camp and layoffs. When layoffs are required be laid off due to lack of skill, ability or experience in the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04area, the employee advises shall be given two (2) days training on the job to determine if he is capable of filling the normal production requirements of the job. 8.04 It is also agreed that return from lay-off will be based upon plant wide seniority provided that those employees recalled can fill the normal requirements of the job without affecting the efficiency of the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs's operations. 8.05 The seniority list shall be revised every three (b3) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies months and a copy will be posted on the camp Union bulletin board board. The President of the Union Committee will also receive a copy of the list. 8.06 An employee shall terminate and lose all seniority if the employee: (a) Voluntarily quits the employ of the Company; (b) Is discharged by the Company for at least just cause; (c) Fails to report to work within five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards after being notified by the Company for a period of five (5) working days prior Company, by registered post, or fails to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, advise the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended days of receipt of notice of his intention to be return; (d) Has been laid off, at least off for more than twelve (12) consecutive months (e) Is absent for two (2) consecutive working days in advance, with a copy and fails to notify the Company of the expected duration and reason for such said notice absence; (f) Fails to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specifiedfirst day following the expiration of an approved leave of absence; Exceptions shall be made to subparagraphs c, unless other arrangements have been made, e and f above in writingcase the employee's absence or failure to report or notify the Company was prevented by causes acceptable to management. (a) An employee's seniority shall 8.07 It is the obligation of the employees to keep the company informed of their current address and telephone number. Any employee whose recall notice cannot be broken delivered by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority registered post at his last known address shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence removed from the Company. The employee will go back to the position they held prior to their leave upon returning from said leaverecall list. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 6.01 The Company recognizes shall draw up one list of tendermen employed for a period longer than three months during the principle previous season. This list shall show the original date of seniorityhiring of each tendermen and his job classification. Seniority will govern subject Employees with the longest service with the Company shall head the list with the others following in their proper order according to reasonable consideration length of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month periodservice. Seniority of new New employees shall be established at added to the end list on completion of this period and three consecutive months of employment. If a man is re-employed for a second consecutive season, he shall be effective from placed on the date Seniority List regardless of employment. (a) Seniority will be applied on his length of service the previous year. If for any reason a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to tendermen leaves the completion employ of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to his name shall be removed from the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsList. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees 6.02 All employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and contact the Company has been so notified, and if they have been laid off for twelve (12) months on or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May February 14th of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇(Tree Length Skidding) and on or before June 15th of each year for salmon, to advise the Company of their current phone number and whether they will be available for work for the upcoming season. 6.03 Lists shall apply, or the rate be revised not later than February 1st of each year and copies of the job classification, whichever is higherlist shall be available in the Company Head Office to tendermen employed by that Company. The Company shall forward a copy of such List to the Headquarters of the Union. (a) An employee who has accrued 6.04 The Seniority List shall clearly show the classifications under which each tendermen worked in the five years immediately preceding the compilation of the List. This shall not have the effect of excluding consideration of other classifications prior to the five years. 6.05 A tenderman shall not lose seniority and because of inability to accept employment on account of sickness or when forced for any good reason, acceptable to the Company, to obtain leave of absence. When leave of absence is then employed by granted for reasons other than sickness, the Union shall retain such accrued seniority be advised of the reasons upon request. Leave for a period compassionate reasons will not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted unreasonably denied. Leave of Absence from the Company. The employee will go back for educational purposes related to the position they held prior to their leave upon returning from said fishing or marine industry will be considered good and sufficient reason for granting of leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that it does not interfere with the jobs they have applied company’s ability to crew sufficient vessels. 6.06 If a tenderman chooses to accept other employment when he could be trained for are expected to last working as a tenderman, and a leave of absence is granted, said leave will be governed by the following conditions: a) The amount of leave will be for a period minimum of three (3) months or more. It is understood this does one year and will not apply to seasonal lay- offs.count towards years of service for any purpose in the contract,

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It Section 1 Each local union is understood and given the option of accepting the seniority as contained in this Supplemental Agreement or of continuing the present seniority provisions in each local union Rider. This option may be exercised at any time during the life of this Agreement. Where a local union has elected to retain its local seniority practices, such practices shall be reduced to writing with any mutually agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in partto changes. If an agreement cannot be reached within ninety (90) days, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes matter shall be referred to the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offJoint Area Committee (JAC) for resolution. 12.02 Employment of any new employee Section 2 Seniority shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority measured by length of new employees shall be established at continuous service with the end of this period Employer and shall be effective from the date of employment. (a) Seniority will on a center seniority basis for layoff purposes, and shall be applied on in a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsmanner as hereinafter outlined. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for Where more than one (1) weekcenter exists in a building, otherwise the district it will be considered one (1) center for layoff purposes. When more than one (1) center exists in a building and the unit practice of one (1) seniority list exists, that practice shall be continued. If there are difficulties in the application that cannot be worked out by local management and the local union involved, the problem may be submitted to the Joint Area Committee for disposition. Section 3 The seniority of seniority on seasonal layoffs.an employee shall be considered broken for the following reasons, and the employee shall be considered terminated: (a) if the employee resigns voluntarily; (b) The Company, when filling vacancies, will do so from within if the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on employee is discharged and such discharge is not set aside through the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.grievance procedure; (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months years or more. It his/her length of seniority, whichever is understood this less; or, (d) if the employee fails to report to work for three (3) consecutive working days and does not apply properly notify the Employer at the beginning of his/her starting time on the third (3rd) day. Section 4 Center seniority lists, by date of hire, shall be posted on the center bulletin board, by the Employer, and shall be revised and updated quarterly. If an employee protests the accuracy of his/her dates and the accuracy can be verified by proper documentation the date will be changed to seasonal lay- offs.the appropriate date. Copies of all posted lists shall be sent to the local union involved. The Employer shall show two

Appears in 1 contract

Sources: Supplemental Agreement

SENIORITY. It is understood and agreed Section 1: Seniority rights shall prevail. The list of Employees arranged in the order of their seniority shall be posted in a conspicuous place on the job. Any controversy over the seniority standing of any Employee on this list shall be referred to the Union for settlement. The senior Employees shall have first preference on the job provided, however, that where article XII is the present assignment of Employees in conflict with Appendix B the various classifications of work shall not be disturbed in any manner other than that set forth below. Section 2: The Employer agrees to notify the Union in writing of the Collective employment, completion of probation, laying off, or discharge of any Employees covered by this Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment Section 3: The Employer agrees to post in an accessible place an up-to-date seniority list showing the name and seniority standing of any new employee each qualified Employee covered by the Agreement. Section 4: Seniority dates as now established shall be recognized as the official seniority dates of all Employees covered by this Agreement. Section 5: Employees in the Maintenance Department and the Operating Department shall only hold seniority in their respective Departments. Employees used in other departments shall be used for emergency purpose only, and then only after all qualified available Employees in the particular department affected are working. Section 6: Qualified Employees enlisting or called for active military service with the United States, and qualified Employees drafted for defense work by a federal body having jurisdiction in the premises which would require their absence from the service of the Employer and qualified Employee veterans hospitalized following release from active service not to exceed one (1) year after such release, shall if they report for work within ninety (90) days from date of honorable discharge from such service or hospitalization and providing they are physically qualified to return to work, retain and accumulate seniority and service during such absence. Any Employee so called or drafted shall receive a vacation pro-rated based on the months he has worked. Section 7: Employees who are called for military service, including Employees drafted for defense work, or Employees who are hospitalized as above referred to, upon returning to work shall be entitled to a vacation during the year in which they return to work with the Employer. Such Employee for the purpose of vacation, shall be considered as probationary until they to have worked thirty (30) days within a six-month periodfor the Employer during the vacation year immediately preceding said vacation. Section 8: In reducing personnel because of lack of work or other legitimate reason, the last Employee hired shall be the first laid off, and in returning Employees to work, the last Employee laid off shall be the first rehired. Benefits to accrue during period of active service only. Seniority to revert to original date of new employees hire. The necessary reassignment of Employees to the various classifications of work, such as full-time to part-time as an example, shall be established at the end made accordingly. Benefits to accrue during period of this period and shall active service only. An Employee laid off may pass on being reclassified into a part-time position, but will not be effective from the date of employment. (a) Seniority allowed to later bump into that reclassification position. An Employee that passes on being reclassified into a part-time position will not be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs affected for rehire when laid off Employees are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offrecalled. The Company will provide continue to contribute pension benefits for full-time Employees reclassified into part-time positions; Health and Welfare benefits will be paid by the Union Grievance Committee, prior Employee and vacation benefits will be pro-rated proportionately to the intended layoff, with a list hours of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Companypart-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) time work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change compared to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherfull work schedule. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood (i) The Employer shall maintain a seniority list for Full-time, and agreed that where article XII is in conflict with Appendix B Regular Part-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be provided by the Employer to the Union on or before March 31st of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offfollowing year. 12.02 Employment (ii) The Employer will adjust Regular Part-time employees’ seniority dates four times annually based on their total straight-time hours worked. For clarity, this means that Regular Part-time employees working fewer than 487.5 straight-time hours per three- month period will have their seniority date moved forward proportionally to the number of any new employee shall be considered as probationary until they have straight-time hours worked thirty in that three-month period. (30iii) days within Regular Part-time employees can only accrue a sixmaximum of 1.0 FTE seniority annually. (iv) A Regular Part-time employees’ adjusted seniority date will remain in effect for the duration of the three-month period. Seniority of new For clarity, the Employer is not required to adjust the seniority date for Regular Part-time employees shall be established at the end of this period and shall be effective from the date of employmentfor any purpose during each three-month period. (av) Seniority It is understood that upon an employee’s termination from employment, their name will be applied on a Company wide basis in recalls, promotions, transfers considered deleted from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticelist. It is also understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still criteria used in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or determining an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractoraltered. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave Leaves of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months months, or moreleaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Article 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Article 12.01(b) shall be considered as an interruption of employment. It is understood this does agreed that such leaves of absence shall not cause a loss of seniority, excepting for that period lost during the actual leave of absence. (d) Employees who leave the bargaining unit for any length of time to fill any management position with the Employer, either permanently or temporarily, and then return to the Bargaining Unit shall retain their seniority excluding that period of service with management. (e) Full-time and Regular Part-time employees may apply to seasonal lay- offsan On-call position using their original Date of Hire. (i) Such employees will retain any earned seniority, to be credited if that employee successfully returns to Full-time or Regular Part-time status. (ii) Such employees may bid on other On-call positions, Regular Part-time positions or Full- time positions using their original Date of Hire.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is 22.1 Seniority as referred to in conflict this Agreement shall mean length of continuous service in the bargaining unit. 22.2 City Park will maintain a seniority list showing the date upon which each employee’s seniority commenced. City Park will supply the Union with Appendix B an up-to-date copy of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offseniority list every six (6) months. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at 22.3 When reducing the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04work force, the employee advises having the Company, prior least seniority in the classification shall be laid off first. 22.4 An employee will lose his seniority and will be deemed to the effective date have terminated his employment for any of the advance notice following reasons: • If he quits; • If he is discharged and in writing on forms such discharge is not reversed through the grievance and arbitration procedure; • If he is laid off and fails to be supplied return to return to work within fourteen (14) calendar days after he has been notified to do so by the Company, of their desire telephone and by registered mail to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts his last known address; • If he absents himself for more than one three (13) weekconsecutive scheduled working days without notifying City Park or without providing a reason acceptable to City Park; • In the event that an unexpected accident or illness prevents the employee from advising City Park immediately, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will he must do so from within as soon as possible and must supply a medical certificate satisfactory to City Park where so requested; and • If the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company employee has been laid off for a period of five (5) working days prior to 24 months. • If he accepts remuneration from any appointment to such jobsContractor of City Park when on or off duty from any Contractor or member. 22.5 When recalling an employee from layoff, stating he shall be notified by telephone and registered mail. If an employee is recalled and is not immediately available for work, another employee may be recalled and will be temporarily employed until the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing senior employee reports within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) calendar day period as outlined above. An employee to whom a registered letter is sent in accordance with this Article must contact City Park within seven (7) calendar days before they are required of the notice of return to report work if he wishes City Park to hold the job open for workhim. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority It shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been responsibility to keep City Park notified as to any change of his address or telephone number so notifiedthat City Park records will be up-to-date at all times. As set out in Article 28.1, and if they have been laid off employees are entitled to be recalled from layoff for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offto 24 months. 12.07 The Company agrees 22.6 Employees promoted to submit to the Union an alphabetical list, in duplicate, of employees supervisory positions not covered by this Agreement as will retain their seniority after promotion and if transferred back into a vacant position in the bargaining unit, within a period of April 1stsix (6) months, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which standing that the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held had attained prior to their leave upon returning from said leavepromotion. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority rights of Operators will be applied on exercised only as provided in this Agreement. The right to pick a Company wide basis in recallsregular posted assignment shall be governed by seniority. Where such assignments have two complete shifts, promotionsthe Operators assigned to such assignments shall alternate shifts a week about. Regular assignments, transfers from camp to camp and layoffsas designated by the Employer, shall be runs which require approximately a standard work week of not less than forty (40) hours. When layoffs are required due to the completion of seasonal operations, or An employee performing a regular assignment shall have their pay reduced by any part thereof, each of the employees so affected assignment not performed by the employee. Any route changes that affect run duration will be permitted deferred until the next formal pick. Operators shall make their choice of assignments according to exercise their seniority seniority. Such assignments are to take effect the first Sunday which starts a pay period in the months of March, June, September and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, December. Operators will select such assignments during the employee advises the Company, third week prior to the effective date of the advance notice and in writing on forms pick. Operators will make their picks by seniority as follows: Tuesday - Operators 1 - 12 Wednesday - Operators 13 - 24 Thursday - Operators 25 - 36 Friday - Operators 37 - 48 Saturday - Operators 49 - 60 Sunday - Operators 61 - end Pick periods will be scheduled at 40 minute time intervals until 4:00 P.M. of the pick day. If an Operator fails to pick an assignment as scheduled, such Operator will be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior assigned to the intended layoffspareboard. If an Operator is off sick or on compensation at the time of the pick, with the Operator shall present proof at the designated pick time, by a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed medical practitioner that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority Operator will be applied only when operations continue able to return to work within 30 days of posting of the pick in other districts for more than one (1) weekorder to exercise the Operator’s pick privileges. If the Operator fails to return to work within 30 days of the Operator’s designated pick time, otherwise upon the district Operator’s return, the Operator will be assigned to the unit spareboard for the duration of application the pick. Regular assigned Operators will be allowed to forfeit without pay, a two (2) hour lunch relief assignment (or such longer period that is a lunch relief assignment) when that assignment is their only assigned work for that day. Upon picking their run assignment, they will sign a form stating that they do not wish to work the assignment in question for the duration of seniority on seasonal layoffsthe pick. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Operators scheduled to work greater than five (5) working days. It is agreed however, that temporary appointments may consecutive hours will be made without posting for filling vacancies of less than provided a thirty (30) calendar days durationminute paid lunch period. 10:02 The seniority rank of Operators entering the service will be determined by the hour and date first service is performed for which pay is received under this Agreement, without instruction. Newly created jobs In establishing the first seniority roster it is understood that only the service performed for the Transit Department by the individual Operators will be considered. A current seniority roster will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsFebruary 1st each year. Employees shall not Any protest in seniority rosters must be considered for such jobs, unless they apply made in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall days from time of posting or no further action will be classified as a temporary vacancy taken. Current seniority rosters and shall other information relative to seniority or leave of absence will be filled according furnished to the provisions Union representative. 10:03 Seniority is an exclusive right and under the jurisdiction of Section 12.03(b) and Local 1767 of the job posting will note that it is ATU. All employees shall hold their seniority in accordance with their continuous employment with the Corporation of a temporary naturethe City of Sault Ste. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ Transit Services. Top 3 Spareboard Operators (not on Sick Leave or WSIB) may choose to roadside workforcestart their work week on Monday. The employee who had occupied Their choice will be in effect for the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any duration of the reasons set forth above provided howeverpick. If a Relief Inspector occupies one of these positions, that it will be passed down to the job is still next senior Spareboard Operator. Relief Inspector's days off will be assigned at the discretion of the Scheduler. When Spareboard Operators are required, the senior operator in effect point of service will be called for duty, and it is not filled by will be paid a senior employee who for reasons minimum of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working dayshours. The employee will be paid for all time worked, computed on the closest 5 minute basis. Where practical, and where no added costs to the Employer are incurred, rest days will be assigned in consecutive pairs. An Inspector will be allowed to cover emergency work until an Operator reports for duty. When an Operator who is on a regular picked run is called out from home to report for work within the hour, the Company employee will notify, be paid a 4 hour minimum call out. Such call out hours will not be used in writingthe calculation of overtime under Article 11:00. 10:04 When a spare Operator is called and not available for work, the employees intended next in point of service will be called and so on until the vacancy for a spare Operator is filled. Spare Operators who have been called and are not available shall lose their turn. 10:05 The City will select the Operators to be laid offsent on charter trips outside the City limits. 10:06 When forces are reduced, at least two Operators shall be taken off in the reverse order of seniority and will retain all rights and privileges. Operators furloughed on account of reduction in forces will be privileged to work elsewhere and retain their seniority. They must maintain on record with the City their correct address and renew same every thirty (230) working days days. Operators will be called back to service in advance, with a seniority order according to the following procedure. The City will advise each Operator to be recalled by registered mail or telegram. A copy of such said recall notice will be furnished to the Union Grievance Committeerepresentative. The Company An Operator receiving such notice will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report same by registered mail or telegram within seven (7) days, advising the City that the employee will be available for work on service, which date must not be later than fifteen (15) days from the date specifiedthe City forwarded recall notices. In extenuating circumstances the fifteen (15) day time limit may be extended at the discretion of the Manager of Transit & Parking. Furloughed Operators failing to comply with these regulations will forfeit their seniority rights and be considered as out of service. 10:07 An operator appointed to a position not governed by this Agreement provided the appointment is less than six (6) consecutive months, unless other arrangements shall have been madethe right to return to their position as Operator without loss of seniority. 10:08 An employee's employment shall be considered terminated and their seniority cancelled when: (a) the employee quits their employment, in writingor (b) the employee is discharged for cause, or (c) the employee overstays a leave of absence without reasonable cause. (a) An employee's seniority shall not be broken by sickness The parties agree to the following conditions regarding employees absent from work due to non-occupational illness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.accident: (bi) An employee's seniority shall be broken if During the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for first twelve (12) months or more, with of any such absence the exception that continuity City agrees to provide at its cost all benefits set out in articles 16:01 and 16:02. (ii) At the end of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of such twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical listmonth period, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company such employee will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate responsible for the job to which the employee is transferred. In case total cost of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherall benefits set out in Articles 16:01 and 16:02. (aiii) An The City agrees to maintain the seniority of such employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence absent from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued work due to an occupational illness or accident for which WSIB is paid will be provided as follows: (i) During the introduction first 24 months of new methods such absence the City will provide at its cost all benefits set out in Articles 16:01 and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs16:02.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B A. New employees will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary employees until they have worked thirty been employed continuously for ninety (3090) days within a six-month periodcalendar days. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the After completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04ninety (90) calendar days, the employee advises the Company, prior to the effective will be considered as a regular employee and his seniority will stand as of his last date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffshire. (b) The CompanyB. When an employee acquires seniority, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will his/her name shall be posted placed on the camp bulletin board for at least five (5) working daysseniority lists. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the ▇▇▇▇▇ to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any Upon request of the reasons set forth above provided howeverUnion, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of layan up-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate to-date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared made available to all employees for their inspection. The seniority list shall be contained within the School District’s “bulletin” given to each employee. The list shall also be distributed to al employees by a satisfactory method each year or by mailing the current seniority list to each bargaining unit employee. C. In the event it is necessary to lay off employees, employees shall be laid off in reverse order of seniority by their classification provided that those remaining employees are capable or performing the duties necessary for the normal and posted monthly in each camp and forwarded to efficient operation of the Union office showing Employer. Employees with the same seniority date and posting/position held shall be laid off in alphabetical order, which would result in the lay off of each employee those employees whose surname begins with "A" first in their classification. Employees shall be returned from layoff in reverse order of the Companylayoff provisions. 12.09 In transfers from one job classification to another senior D. When there is a layoff, those employees shall receive first consideration. In such cases, an employee shall receive in the rate for bargaining unit who have been designated as the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for ▇▇▇▇▇▇-▇▇▇▇▇▇ (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 grievance representatives shall be granted Leave top job seniority for layoff and recall only provided they are capable of Absence from performing the Company. The employee will go back work, and provided further, such super-seniority is limited to the position they held prior to their leave upon returning from said leaveno more than two designated employees in this unit. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees E. Seniority shall be offered alternate employment in accordance with Section 12.01 to meet terminated for the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained following reasons: 1. Discharge for are expected to last for a period of three (3) months or morejust cause 2. It is understood this does not apply to seasonal lay- offs.Quit

Appears in 1 contract

Sources: Collective Bargaining Agreement