Common use of SENIORITY Clause in Contracts

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. (A) Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority con­ tract shall be calculated by continuous service from each unit member’s original the last date of full-employment (except as otherwise provided). Seniority list for all full time employment with employees and a separate list for all part time employees shall be set up by the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Em­ ployer and shall be furnished to the IAFF-5082Union upon request. The Office of Labor Relations also Seniority areas governing this agreement are outlined in Exhibit C, attached hereto and made a part hereof. Seniority shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes prevail in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of following instances in the following reasonsman­ ner as listed hereafter: a. Resignation (B) The Employer agrees to give a week’s notice or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine week’s pay in lieu of a week’s notice to full time employees with six (96) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active months service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of and three (3) consecutive scheduled working days without subsequent notification notice or three days pay to Rutgers part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall give a justifiable excuse for such absence; f. Failure week’s notice prior to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval intended resignation. It is mutually agreed that after termination notice has been granted given by Rutgerseither party, no new request for sick benefits shall be granted. (C) Employees laid off due to the store closing or reduction of employment shall be laid off by order of the most recent hired and shall be rehired in the reversed order of the layoff, with due consideration given job classification. Employees laid off and subse­ quently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. However, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority. 1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list. They shall have right of recall on any full time opening provided they can do the work. 2. Where practicable, Employer shall en­ ▇▇▇▇▇▇ to combine existing part time assign­ ments on a seniority basis, providing they can do the Unit Member has a justifiable reason for failure work, so as to report back provide the maximum part time employment per individual, within the definition of part time employment, and, further, to work on time, approval will not be unreasonably withheldcreate as many full time positions as possible. 5. In (D) The Employer recognizes the event principle of seniority as being one in which the move­ ment of an employee from one job to another or from one location to another through pro­ motion, demotion, layoff, the following shall apply: Where one recall after layoff, or more employees in the same title performing the same functional tasks in the same work unit are being laid offpermanent transfer, layoff shall be implemented governed by the length of service of the employee, and in reverse order of seniority, provided connection with such movement the senior employees has the requisite qualifications and abilities Employer may take into consideration as to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and each em­ ployee involved his ability to perform the work availablework. 7. A Unit Member who is promoted (E) Employees having more than one (1) year’s seniority on either the night or permanently transferred day shift shall have the right to request a job trans­ fer to or position not covered by this Agreement from the night or day shift on an individual store basis. (F) Employees on leave of absence, sick leave, or maternity leave shall retain their former standing on all seniority lists. (G) The Employer agrees to advise the Union weekly on all increases, monthly on all terminations, and accumulate his/her seniority will continue to advise the Union of newly hired employees as provided for in this Agreement for the past, but not later than thirty (30) days. (H) Part time employees who desire to ob­ tain full time work shall request same in writing to Company Personnel Office and the Union. When full time openings occur, pref­ erence shall be given to the part time em­ ployee in the order of the date the request was received at the Personnel Office. (I) Part time employees shall receive credit toward full time service based on a period conversion ratio of two thousand eighty (2,080) part time hours equal one (1) year from of full time work for wage rates only. (J) Employer has the date right to discharge any employee for good cause, including but not limited to dishonesty, intoxication during working hours, provided, however, that no employee shall be discharged or discriminated against because of membership in the promotion Union or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferfor Union activities.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for (a) Promotion or transfer and the first 120 calendar days filling of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article posted vacancies shall be based upon qualifications, skills, abilities and performance. Where these factors are relatively equal amongst the nurses considered, seniority shall govern providing the successful applicant, if any, is qualified to perform the available work within an employee’s continuous appropriate familiarization period. (b) Vacancies in full-time, regular term and regular part-time positions in the nursing staff or newly created full-time, regular term and regular part-time positions in the nursing staff shall be posted for a period of seven (7) days so that interested members of staff can apply. The Employer will post all internal and external vacancies on the Website in addition to existing e-mail to all Health Unit employees. Positions may be posted internally and externally simultaneously by mutual agreement between the Employer and the Association. Internal candidates shall be considered prior to consideration of external candidates in these instances. (c) Positions presently designated as requiring Public Health Nurse or Registered Nurse qualifications shall retain that requirement. Prior to filling vacancies caused by the creation of new positions, the Employer will determine whether the position requires the qualification of Public Health Nurse. If it is determined that such qualification is not required, the pay rate for such position will be the Registered Nurse rate even if the successful candidate has the Public Health Nurse qualification. (a) The Employer will twice annually, on March 1st and September 1st, post a seniority list showing the seniority of full-time, regular term and regular part- time nurses based on their length of service in from the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgersthe last continuous period of employment. If employees continue to have Seniority for full-time, regular term and regular part-time nurses will be calculated on the basis of days worked. In calculating the seniority of a full-time nurse, one (1) complete year of full-time service equals two hundred and sixty (260) days worked. At the same time, the Employer will also send a copy of the seniority datelist to the Local President or her designate by InterOffice mail and to each branch office. Complaints concerning the accuracy of such lists will be answered within fifteen (15) days of posting or within fifteen (15) days of receipt in the case of branch offices and if no complaint is received within that time, their respective such lists shall be presumed to be accurate. (b) A newly employed full-time or regular term nurse shall be considered a probationary nurse until she has completed six (6) continuous months of service, after which her name shall be placed on the seniority list and her seniority shall date from her last date of hire. A regular part-time nurse shall be determined by alphabetical order considered a probationary nurse until she has completed eight hundred and forty (840) continuous working hours after which her name shall be placed on the seniority list and her seniority shall date from her last date of their last names. For purposes of this initial agreementhire. (a) No nurse residing and working in Thunder Bay and its immediate area shall be required to work permanently outside Thunder Bay or its immediate area, in another centre which would affect her residence, unless mutually agreed. (b) No nurse residing and working outside Thunder Bay and its immediate area shall be required to work permanently in Thunder Bay or its immediate area, or in another centre which would affect her residence, unless mutually agreed. (a) (i) Subject to the provisions in 6.4 (b) and 6.4 (c), seniority shall be calculated from each unit member’s original date of retained and accumulated when a full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Memberstime, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of regular term nurse or a part-time nurse is absent from work under the following reasonscircumstances: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (91) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such when on an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, approved leave of absence with pay, or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will an approved leave of absence without pay not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.exceeding thirty

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. (a) An employee will be considered on probation and will not be placed on a department seniority list until they have completed a total of three (3) months of continuous employment with the Employer. (b) It is recognized that a period of probation is a period during which the Employer has the right to assess an employee to determine whether such employee is in the sole opinion of the Employer acceptable for employment. 15.02 Area or departmental seniority lists, based upon the date on which employees commenced to work in the area or department, shall be established and will be supplied to the Union and posted in all the departments within the Hotel. Such seniority lists will be updated annually. For the purposes of this Agreement, each of the following shall be an area for the purposes of determining area seniority: 1. All Harvest Restaurant 2. Harvest Lounge 3. Banquet Department 4. Lobby Coffee Bar 5. Room Service (a) When an employee is transferred to another area or department in the bargaining unit they shall retain Employer seniority; however, unless the transfer is of a temporary nature for the probationary period or less, they must start accumulating seniority in that new area or department. Where the transfers are for less than the probationary period and the employee is returned to the original department within that period of time, the seniority for that employee will continue to accumulate in the original area or department during the employee’s absence. (b) Should an employee move from part-time to full-time status, the employee will be placed on the bottom of the full-time seniority list. (c) Should a full-time employee choose to change to part-time status and the request can be accommodated, the employee classification seniority date will not be affected. The employee will not be placed on the bottom of the part-time seniority list; instead the employee shall be credited with their seniority as a former full-time employee. 15.04 In cases of promotions, demotions or upgrading of employees, skill, ability, merit and efficiency of the employees shall be considered the governing factor and where other things are equal, departmental or area seniority will be the governing factor. (a) Where it is necessary to generally reduce the working force in a department or area, departmental or area seniority will be the guiding factor so long as probationary it does not prevent the Employer from employing a working force of employees who are qualified and willing to do the work which is available. (b) When it becomes necessary to send home full-time regular employees because work is not available, they shall be sent home in inverse order of seniority within the department or area. No such employee in any department or area shall be given less than their scheduled hours of work on their regular scheduled day of work unless all employees with less seniority to that employee in their department or area have first been sent home so long as it does not prevent the Employer from maintaining an adequate and qualified work force. For example, if an employee who is being sent home due to lack of work and in accordance with seniority and is scheduled to work five and one half (5 ½) hours that employee will be paid for five and one half (5 ½)hours. 15.06 When recalling employees to work after a layoff, they shall be recalled in inverse order to that in which they were laid off, providing it does not prevent the first 120 calendar days Employer from maintaining an adequate and qualified work force. 15.07 Employees who are laid off will be retained on the Employer’s seniority list for a period equal to their length of service for employees with less than one (1) year of service and twelve (12) months for employees with one (1) year or more of continuous service, after which they will be struck from that list. 15.08 It shall be the duty of the employee or laid off person to notify the Employer’s Human Resources office promptly, in writing, of any change of their employmentaddress or telephone number. This probationary period may be extended without concurrence of IAFF Local 5082 for If an additional 30 daysemployee or laid off person shall fail to do this, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they Employer shall not be entitled responsible for the failure of any notice to utilize reach them and any notice which is sent to the provisions of address which appears in the Grievance Procedure set forth in Article 7 of this AgreementEmployer’s personnel records, shall be conclusively deemed to have been received by the employee or laid off person on the third day after it was so sent. 2. Seniority for the purpose of this article (a) Unless an employee signifies their intention to return to work within one hundred and twenty (l20) hours (5 days) after being recalled their name shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority datepassed over and unless within two hundred and forty (240) hours (10 days) after being recalled they report to work, their respective seniority or gives a legitimate reason for being unable to do so, they shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in struck off the seniority list. 4(b) Part-time employees must signify their intention to return to work within seventy-two (72) hours (3 days) after being recalled or their name shall be passed over and unless within one-hundred-and-twenty hours (120) (5 days) after being recalled they report to work, or gives a legitimate reason for being unable to do so, they shall be struck off the seniority list. 15.10 An employee’s employment shall be deemed to have terminated if the employee: (a) quits: (b) is discharged for cause and is not reinstated through the grievance procedure; (c) is absent from work for more than three (3) working days unless a reason satisfactory to the Employer is given; (d) overstays an authorized leave of absence or vacation without providing a reason satisfactory to the Employer; (e) is absent because of accident or illness in excess of three (3) days and fails to produce medical proof if so requested; or (f) attains the age of sixty-five (65). A Unit MemberIf eligibility for C.P.P. is increased, then the mandatory retirement age will increase accordingly. (g) is absent from work for any reason except whereas provided by law for more than one (1) year or a period equivalent to the employee’s seniority shall cease prior to the absence, whichever is less. (i) Should a position become available and his/her employee status shall terminate a replacement is required, the Employer will post for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days on the bulletin board, within the immediate work area of receipt the vacancy and outside the Human Resources office, the availability of notification of recall that he/she intends the position. (ii) Employees wishing to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service fill vacant positions shall make their applications in writing, within fourteen the seven (147) calendar days day period of such notice posting. If no application is received from a qualified employee within the Department or Food & Beverage Outlet of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work the vacancy, applications from employees in other Departments or Food & Beverage Outlets, who have completed their probationary period and/or trial period, shall be sent by Rutgers by certified mailgiven due consideration. In so doing, return receipt requestedthe employer shall consider an employee’s prior training. For applicants within the Department or Food & Beverage Outlet, to where all other factors including skill, ability, and efficiency are equal, department seniority shall be the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacationgoverning factor. For applicants outside the Department or Food and Beverage Outlet, leave of absence or any renewal thereof unless prior approval has been granted by Rutgerswhere all other factors including skill, ability and efficiency are equal, house seniority shall be the determining factor. Where Furthermore, the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldparties agree that qualified internal applicants have preference over qualified external applicants. 5(iii) This clause shall not prevent the Company from maintaining an adequate and qualified workforce. (a) The Employer agrees to maintain a separate seniority list for part-time employees. In the event of layoff, the following shall apply: Where one or more Part-time seniority will apply to such employees in the same title performing fashion that full-time seniority applies to full-time employees, except as specified below. (b) In the same functional tasks case of general reduction in the same work unit working force in a department or area, part-time employment in that department or area will be reduced before full-time employment is reduced. So long as it does not prevent the Employer from employing a working force of employees who are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications qualified and abilities willing to perform do the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work which is available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. 6.1 Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority Agreement shall be calculated by continuous service from each unit member’s original the last date of full-o f employment (except as otherwise provided). Separate seniority lists for all full time employment with Grocery, full time Meat Department employees, part time Grocery and part time Meat Department employees shall be set up by the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer and shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listUnion upon request. 4. A Unit Member’s 6.2 The Employer recognizes the principle of seniority shall cease and his/her as being one in which the movement of an employee status shall terminate for any of the following reasons:from one job to another through Annual Vacations a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (91) months; d. Failure of the recalled Unit Member to notify the University in writing within week uninterrupted after one (1) year Two (2) weeks uninterrupted after seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three years Three (3) consecutive scheduled working days without subsequent notification weeks uninterrupted after thirteen (13) years Four (4) weeks uninterrupted after twenty (20) years Pro Rata Vacation on Termination 1/12 week for each additional month 2/12 week for each additional month 3/12 week for each additional month 4/12 week for each additional month promotion, layoff, recall after layoff is affected. Decisions shall be based primarily on skill and ability, but when these are reasonably equal, the employee having the greatest seniority shall receive the preference. 6.3 In cases o f store closings or layoffs, employees shall exercise their seniority, by classification, based on the seniority within the store and within the seniority area. 6.4 In all layoffs the ordinary rules o f seniority shall prevail with due consideration being given to Rutgers the job classification, fitness for the work involved, and the practicability of a justifiable excuse applying the rules of seniority in the particular case. Employees laid off for periods o f less than one (1) year shall have preference to reinstatement in the reverse order. The service record o f such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will reinstated employees shall not be unreasonably withheld. 5inter­ rupted. In Sickness does not count as layoff. A full time employee shall have seniority over a part time employee to the event extent that a full time employee who is laid off in order o f seniority may claim a part time schedule calling for a reduction of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, hours provided the senior employees has the requisite qualifications due consideration is given to job classification and abilities to fitness to perform the work availablein­ volved. Part time employees shall have seniority over other part time employees under the same conditions. Before a Journeyman Meat Cutter can be reduced to part time or laid off within the store, other than teaching dutiesall apprentices must be laid o ff within the store. Where the application o f this provision creates a hardship or operational problem the Union agrees to discuss and resolve the problem. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have 6.5 Seniority and the requisite qualifications and employee’ s ability to perform the work availableshall be given consideration in regard to promotion within the bargaining unit. If the employee fails to qualify within a reasonable time for the (a) Employees discharged for proven or acknowledged dishones­ ty shall not be entitled to any vacation pay. 7(b) Meat Cutters discharged for drinking on the job shall not be entitled to pro rata vacation pay. A Unit Member who is promoted Meat Cutters discharged for proven or permanently transferred acknowledged dishonesty or illegal use or possession of nar­ cotics shall not be entitled to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferany vacation pay.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1A. In layoff and recall, the principle of seniority shall apply. All employees Seniority shall be considered as probationary employees for determined on the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member employee, with regard to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications his experience and ability to perform the work availablework. All circumstances being reasonably equal, length of service shall be the controlling factor. When a full-time employee is laid-off he may bump the least senior part-time employee of the same sex. However, he shall maintain recall rights to full time. 7. A Unit Member who B. In the matter of promotions or transfers from one type of work to the other, or from one store to the other, the Employer shall have the right to exercise his final judgment after giving due regard to seniority. C. Seniority shall be considered broken if an employee is promoted or permanently transferred to a job or position not covered duly discharged by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement the Employer, if he voluntarily quits, if he has been laid-off continuously for a period of more than six (6) months, or if he is called back to work after a layoff and does not report for work within one (1l) year from week. D. Employees will be employed on a trial basis for the first thirty (30) days and shall not accumulate seniority for this period. However, if said employee is retained following the thirty (30)-day trial period, his seniority wall revert to the last date of hire. Employees discharged during trial period shall not have recourse through any other provision of this Agreement. There shall be four (4) seniority groups: Male Clerk, Full Time; Male Clerk, Part Time; Female Clerk, Full Time and Female Clerks, Part Time. Agreed upon seniority lists shall be established and maintained, and such records shall be available to the promotion or transfer, during which period of time the Unit Member may be returned to work Union at all times. E. When additional hours are added in a position within store, such hours shall be given to an employee in the unit comparable same classification in the same store if available and qualified to do the work, before a new employee is hired in that classification in that store. The Employer is not obligated to give such hours to an employee where such hours would cause payment of weekly or daily overtime or split shifts and Article Paragraph H, on call in pay shall not apply to such additional hours. It is further understood that this paragraph does not mean that one which he/she held at the time of his/her promotion or transferemployee may claim hours from another employee's schedule.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All 6:01 Seniority rights of permanent employees shall be considered as probationary employees for the first 120 calendar days established after completion of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth as defined in sub-Article 7 4:01 of this Agreement. 2. Seniority (a) Departmental seniority for full-time employees shall be defined as length of continuous service with the Employer as a full-time employee within one of the Departments hereinafter set forth from the date upon which the full-time employee last became a member of the Department. (b) Institution-wide seniority for full-time employees shall be defined as length of continuous service with the Employer as a full-time employee from the date prescribed in sub-Article 4:01 of this Agreement. (c) Department seniority for part-time employees shall be defined as length of continued service with the Employer as a part-time employee within one (1) of the Departments hereinafter set forth from the date upon which the part-time employee last became a member of the Department. (d) Institution-wide seniority for part-time employees shall be defined as length of continuous service with the Employer as a part-time employee from the date prescribed in sub-Article 4:01 of this Agreement. (e) Notwithstanding the foregoing, for the purpose purposes of this article wage progression as prescribed in Schedule "A" hereto, seniority for part-time employees shall be based upon an calculated on the basis of tours worked after the start date or time served whichever occurs first. 6:03 Each employee shall be classified as a member of one of the following departments: Nursing, Dietary, Housekeeping, Laundry and Activation. The Nursing Department includes Registered Practical Nurses, Health Care Aides / Personal Support Worker and Resident Aide. 6:04 Separate institution-wide seniority and departmental seniority lists shall be posted by the Employer every six (6) months on the bulletin board, namely on the 15th day of May and November in each year. Copies of the said seniority lists shall be mailed to the Union office on such dates or soon thereafter. The list shall also include the seniority standing, job classification and accumulated sick leave credits for each employee’s continuous length of service . (a) A layoff which is expected to continue for less than six (6) weeks shall be implemented by reference to departmental seniority. In such cases, whenever the workforce within a department shall be reduced by the Employer, probationary employees shall be laid off first and if more layoffs are implemented, the last in the negotiations unit covered by classification affected on the Agreement. In said departmental seniority list shall be next laid off providing the event employees who remain on the job have the same seniority dateability to perform the work. On returning to work, their respective seniority the last employee laid off shall be the first employee recalled. (b) Where a layoff is expected to continue for six (6) weeks or more, the employee to be laid off in the department to be reduced shall be determined by their respective date of commencement of employment at Rutgers. If employees continue applying the procedure in Sub-Article 6:05 (a) Thereafter, the employee laid off pursuant to Sub-Article 6:05 (a) shall have the same seniority dateoption of accepting the layoff or shall have the right to displace the employee having the least department seniority, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasonsother department provided she: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9i) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite ability and qualifications and abilities to perform the work availableof that position, other and (ii) has more institutional seniority than teaching duties. 6the employee being displaced. Unit Members On returning to work the last employee laid off (most senior) shall be the first employee recalled to work from layoff in order of their seniority provided that they have the requisite qualifications skill and ability to perform the work availableavailable work. 7. A Unit Member (c) Where a layoff effected under sub-Article 6:05 (a) continues for six (6) weeks, the Employer, as soon as predicable thereafter (not to exceed three (3) days), shall give each employee who was laid off pursuant to sub-Article 6:05 (a) the option set forth in sub-Article 6:05 (b). (a) The Employer shall give each employee who has acquired seniority and who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement be laid off for a period of one six (16) year from weeks or more, notice in writing of her layoff in accordance with the date of the promotion following schedule: (i) Up to two (2) years institutional seniority - two weeks notice; (ii) Two (2) years or transfermore, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.but less than five (5) years institutional seniority -

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. ‌ 1. All Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall be considered as not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees for during the first 120 calendar days of their employmentprobationary period. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 daysHowever, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions successful completion of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for probationary period, the purpose of this article worker’s seniority shall be based upon an employee’s continuous length retroactive to their first day of service work in the negotiations bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by the this Agreement. In the event employees have the same Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority date, their respective and seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate broken for any of the following reasons: a. Resignation or retirement; b. : • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for cause; c. Continuous layoff for just cause • Failure to report to work after a period exceeding nine layoff, within ten (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (710) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written after written notice of recall issent to work the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be sent by Rutgers by certified mail, return receipt requested, considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for grievance and arbitration provisions of this Agreement. If an employee is hired into an on-call or temporary position and later is awarded a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on regular full- time, approval part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees accrue seniority while in the same title performing on-call position but will maintain seniority accrued up tothe date on which the same functional tasks in the same work unit are being laid offemployee’s status changed to on-call. If such employee is later awarded a regular full-time, layoff shall be implemented in reverse order of senioritypart-time or casual position again, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of his/her/their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position not covered by this Agreement shall retain and accumulate totheemployee’s seniority dateto determine his/her adjusted seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferdate.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. SECTION 1. All Length of continuous service with the Employer shall be known as seniority. SECTION 2. Full time employees shall be considered as probationary have no seniority rights until they have served with the Employer for six (6) months. Part-time employees shall have no seniority until they have served with the Employer for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 daysone thousand (1,000) work hours, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth but in Article 7 of this Agreementno event in less than six (6) months. 2SECTION 3. Seniority for When an employee is promoted or transferred to a job classification outside the purpose of this article shall be based upon an employee’s continuous bargaining unit, his length of service in the negotiations bargaining unit covered by job classification shall remain frozen. SECTION 4. It is mutually agreed that when a layoff (reduction in work force due to lack of work) is made the Agreementprinciple of seniority based on continuous employment with the Employer within the bargaining unit, shall apply. In the event employees case of a lay-off, if the least senior employee in the department subject to the lay-off is not the least senior person in the bargaining unit, he/she will have the same option to take any position occupied by a person of less seniority dateor voluntarily resign. If the employee voluntarily resigns, he/she forfeits their respective seniority right to severance or recall. If the bumping is utilized, the above concept shall be determined by applicable to all employees. Higher rated employees who bump into Helper positions shall have their respective date of commencement of employment at Rutgerspay green circled until they bid to another job or are subsequently assigned to a position equal to or higher than their green circled rate . If employees continue to Employees transferring into the bargaining unit from other ADT, LLC locations shall have the same total seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time based on continuous employment with the University on Employer upon completion of two years service within the date the Agreement was ratifiedbargaining unit. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. SECTION 5. In the event of a layoff, the following shall apply: Where one or more employees two (2) weeks advance notice will be given. SECTION 6. The right of seniority in the same title performing the same functional tasks in the same work unit are being laid off, layoff re-employment shall be implemented in reverse order accorded to a laid-off employee prior to new employees being hired, provided such laid-off employee responds to a call to report for work not more than five (5) working days after receipt of notice sent to him by registered mail, to his last known post office address. If such laid-off employee fails to report to work within fifteen (15) days, he shall lose all rights of seniority, provided unless he is temporarily incapacitated, preventing him from responding, or is employed elsewhere, in which case he must notify the senior Employer in writing within three (3) days after receipt of the notice to return, that he will report within fifteen (15) days from receipt of notice, or as soon as his health permits. Jobs of an emergency nature may be filled at once by those next in line in seniority in the classification, pending return of laid-off employees has the requisite qualifications and abilities having seniority who have been notified to perform the work available, other than teaching duties. 6. Unit Members shall be recalled report to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work availableas herein provided. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1(a) The College recognizes the seniority principle with respect to employees covered by this agreement. All For the purposes of transfer, vacation time, and work schedule, seniority will be considered. The College will give preference to the employees having the greatest length of service in that order where applicable provided that the College may give reasonable consideration to the qualifications of employees, including ability, training, skill, competency and other relevant qualities for particular purposes. When skill and ability are relatively equal, then seniority in the prescribed order shall apply. The College shall be considered as probationary employees for the first 120 calendar days sole judge of their employmentan individual’s skill and ability. This probationary period Any disagreement with the judgment may be extended without concurrence of IAFF Local 5082 for an additional 30 daystreated as a grievance and handled in accordance with Article 7, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2(b) Layoffs shall be done according to inverse seniority, except officers who are certified as CRC’s may be given preference in a layoff situation. Seniority for CRC officers will be laid off according to inverse seniority within the group of CRC officers. For the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event layoff and rehiring, seniority for full-time employees have the same seniority date, their respective seniority shall will be determined by their respective date the individual hiring date. Unit members who are laid off shall be placed on a recall list for a six-month period and shall be recalled in seniority order provided that they meet the qualifications for the vacancy. For example, a security officer who is not trained as a CRC has no rights to be recalled to a vacancy that requires CRC training. All members shall be afforded the opportunity to be certified as a CRC officer. CRC officers are those officers that are regularly assigned to duty in the Campus Response Center and have successfully completed all mandated training. The Officers are responsible for all tasks in the center which include but are not limited to the following tasks: answering all calls for service and dispatching the appropriate departments; implementation of commencement of employment at Rutgersemergency operations plan; alarm monitoring; card access; notification to various off campus agencies, i.e. police and fire department; contacting the administrator on call, counselor on call; ; SAVP (Support Advocacy and Violence Prevention Program); trespass list documentation; key listing and sign out. If employees continue to CRC officers must be competent with all computer programs utilized in the CRC, have the same seniority dateability to maintain accurate logs, fill out all appropriate paperwork and perform other duties as assigned by their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedsupervisor. 3. (c) The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers mailing by certified mail, with return receipt requested, of a written notice by the College to an employee at the Unit Member’s last known latest address as shown on Rutgers personnel the College records; e. Failure to report for work for a period , shall constitute “recall” by the College. The time of three (3) consecutive scheduled working calendar days without subsequent notification and five (5) calendar days shall begin on the day of receiving the certified mail as evidenced by the return receipt. It will be the responsibility of each employee to Rutgers keep the College informed as to their proper address. (d) A separate seniority list for regular full-time employees and regular part-time employees shall be maintained by the College and made available to the Union upon request. (e) The College agrees that loss of a justifiable excuse time due to sickness or accident shall not be construed to impair the seniority rights of the employees involved. (f) Seniority rights shall terminate if any employee: i. quits or retires; ii. is discharged for such cause; iii. fails to return to work from an approved leave of absence; f. Failure iv. fails to report back to work give notice of acceptance of recall within three (3) consecutive work calendar days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure and to report back for work within five (5) calendar days after notice or recall by the College, unless such failure is due to work on timeillness of the employee evidenced by a doctor’s certificate; v. is absent for four (4) consecutive working days without notifying the College, approval will not be unreasonably withheldunless due to an illness of the full-time employee which is evidenced by medical verification which prevents the employee from notifying the employer of their absence. 5(g) When two or more unit members are tied for seniority purposes, the College shall determine seniority in accordance with each unit member’s month and day of birth. For example, if there are three unit members tied for seniority and the first unit member’s birthday is September 15th, the second unit member’s birthday is March 31st, and the third unit member’s birthday is December 1st, for purposes of determining seniority unit member two with the birthday of March 31st would be considered most senior, unit member one with the birthday of September 15th would be the second most senior, and unit member three with the birthday of December 1st would be the least senior among the three. In the event of layoff, the following shall apply: Where one or more employees in that unit members who are tied for seniority have the same title performing the same functional tasks in the same work unit are being laid offbirthday, layoff a coin flip shall be implemented used to break the tie. (a) The College shall have the sole discretion to determine whether there is a need for overtime, i.e. additional hours, to be worked. (b) Overtime opportunities shall be distributed in reverse order of accordance with seniority, provided the senior officer is qualified for the assignment. Such overtime shall first be offered to all qualified full- time employees has and then to all regular part-time employees prior to other on-call officers. Notwithstanding the requisite qualifications above, the College may bypass seniority and abilities assign an on-call officer to perform the work available, other than teaching dutiescover any absence of three days or more. 6. Unit Members (c) For the first three (3) incidents during a fiscal year that supervisors (as a group) inadvertently skip over unit members in the bargaining unit for overtime opportunities, each affected unit member shall be recalled offered the next available overtime opportunity that is equal to work from layoff or greater than the number of hours that were offered in order of their seniority provided the missed opportunity. For any incident beyond three (3) in the bargaining unit during a fiscal year that they have supervisors (as a group) inadvertently skip over unit member(s) in the requisite qualifications and ability to perform bargaining unit, the work available. 7. A Unit Member unit member(s) who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain inadvertently skipped on the fourth (4th) occasion and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work beyond in a position within fiscal year shall be paid their overtime rate pursuant to this article for the unit comparable to number of hours that were offered in the one which he/she held at the time of his/her promotion or transfermissed overtime opportunity.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. (11.1) Employees shall be regarded as probationary during the first ninety days of work by such employee. No claim of wrongful layoff or discharge of a probationary employee shall be taken up as a grievance, unless such claim is based on alleged personal prejudice or Union activity during such ninety days worked. Such grievances must be in writing and supported by written evidence. The foregoing provision shall not prohibit a probationary employee from filing a grievance alleging a violation of other contractual provisions applicable to such employee. If a probationary employee is retained beyond the ninetieth day worked, his seniority shall revert back to his last date of hire. However, an employee who is separated or is on layoff from one business unit covered under this Agreement and hires into another business unit covered under this Agreement shall not be required to serve a probationary period at the new location, provided he has served a full probationary period in any other business unit covered under this Agreement and further provided he applies for work at that new location not later than 60 calendar days following his last day worked at his prior location. (11.2) Seniority in one of the business units specifically set forth in Section 2.1 of this Agreement shall be measured from an employee’s last date of hire into the bargaining unit or the unit which currently constitutes such bargaining unit. If an employee who has never worked in a bargaining unit as described above transfers into any such bargaining unit, either at his request or the Company’s request, his “date of hire” will be considered the date of such transfer. Seniority with respect to any one such bargaining unit is broken for the following reasons only: 1. All employees shall be considered as probationary employees If the employee quits. 2. If the employee is discharged and not reinstated. 3. If the employee refuses, while laid off, to accept a recall to work (issued by the Company), or fails to report for work in accordance with such recall within ten calendar days after the mailing by certified letter mailed to the employee’s last known address. The Company will grant an extension to the ten-day period if, prior to the expiration of the ten-day period, satisfactory reason is given for the first 120 calendar days employee’s inability to immediately report for work. 4. If an employee has been laid off for a period greater than his accumulated seniority at time of their employmentlayoff or three years, whichever is less. 5. This probationary period may be extended without concurrence of IAFF Local 5082 If an employee fails, unless satisfactory reason is given, to report for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize work by his fourth scheduled workday following a temporary layoff under the provisions of Section 13.6 of this Agreement or any other layoff where the Grievance Procedure set forth return to work date has been announced prior to the beginning of such layoff and such employee has received written notice of such date. 6. If an employee (other than a laid off employee whose seniority has not been broken under the foregoing provisions of this Section 11.2) accepts employment at a location that is not within the geographical limits of the bargaining unit in Article 7 which he possesses seniority. The seniority of an employee in a bargaining unit shall be applied as provided in the Local Agreement covering that bargaining unit. (11.3) An employee who is transferred from a job in a bargaining unit to a job outside of the bargaining unit shall not accumulate seniority during the period he remains in a job with the Company outside of that bargaining unit but within the geographical limits of that bargaining unit. Upon an offer by the Company to him of the opportunity to return to that bargaining unit, he may exercise the seniority he accumulated prior to his transfer to a job outside of the bargaining unit in accordance with the applicable provisions of this Agreement and the applicable Local Agreement. (11.4) If an employee is laid off from a business unit, the employee’s seniority shall accumulate during the layoff subject to the provisions of Section 11.2 of this Agreement. 2. Seniority for the purpose (11.5) Quarterly seniority lists covering employees in a business unit (active or on leave of this article absence) shall be based upon an provided by the Company to the Local Union representing that business unit. These lists, by IO, NIO or skilled trades groups will give each employee’s continuous length name, factory number, department number, shift, rate of service in the negotiations unit covered by the Agreement. In the event employees have the same pay, and seniority date or group seniority date, their respective whichever is applicable, and appropriate job classification code numbers if used. A quarterly list covering supplemental employees in a business unit shall also be provided by the Company to the Local Union representing that business unit. This list will give each employee’s name, factory number, department number, shift, rate of pay, and appropriate job classification code numbers if used. Upon the request of the Grievance Committee Chairman, the Company will provide a list of nontraditional assignments. Such requests shall not be made more than once per month. (11.6) By written mutual agreement of the parties, the seniority shall rules herein set forth may be determined by their respective date waived in order to provide employment for the disabled. (11.7) When an employee enters a department, the Supervisor, upon request of commencement of employment at Rutgers. If employees continue to have the same ▇▇▇▇▇▇▇, will, within one working day after the request, provide the employee’s seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedand job classification. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. A. Seniority for the purpose of this article contract shall be based upon an employee’s cal­ culated by continuous length service from the last date of service in the negotiations unit covered employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer and shall be furnished to the IAFF-5082Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto and made a part here­ of. Seniority shall prevail in the following instances in the man­ ner as listed hereafter. B. The Office Employer agrees to give a week’s notice or a week’s pay in lieu of Labor Relations also a week’s notice to full time employees with six (6) months’ service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months’ service who are laid off due to lack of work. All employees like­ wise shall furnish give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted. C. Employees laid off due to the IAFF-5082 copies store ylo^jng. or reduction of employment shall be laid SJF'by'wder of the monthly reports reflecting changes most recent hired and shall be rehired in the reversed order of the layoff, with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How­ ever, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority. 1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list, or may take a complete layoff. They shall have right of recall on any full time opening, provided they can do the work. Effective August 1, 1964 full time em­ 1. This Agreement shall not be construed as restricting paloyees reduced from full time to part time through no fault of sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, nor shall it apply to initial special displays unless they have a tendency to become constant or too often. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any C. The Employer further agrees that if the Employer should establish a new store or stores within the jurisdiction of the following reasons: a. Resignation Union as set forth in Exhibit “ B” this Agreement shall ap­ ply to such new store or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of stores. In the recalled Unit Member to notify event the University Employer en­ gages in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work department or discount type stores, then the Employer and the Union shall be sent by Rutgers by certified mail, return receipt requested, negotiate as to the Unit Member’s last known address as shown on Rutgers personnel records;terms for wages and hours for such employees. e. Failure to report for work 1. their own will retain Blue Cross and Blue Shield coverage for a period of three six (36) consecutive scheduled working days without subsequent notification months. The Employer will pay the monthly composite rate as certified by the Trustees to Rutgers of a justifiable excuse the “ Fund” for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldthis coverage. 52. The Employer shall combine existing part time assign­ ments on a seniority basis, unless such hours duplicate each other, providing the employee can do the work, so as to pro­ vide the maximum part time employment per individual within the definition of part time employment, and further to create as many full time positions as possible. D. The Employer recognizes the principle of seniority as being one in which the movement of an employee from one job In the event of layoff, the following shall apply: Where one or more employees an Employer member in the same title performing the same functional tasks in the same work unit are being laid offfuture engagetso another or from jjne location to another through promotion, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within department or discount type store, commonly known as a general merchandise store, and an agreement between the unit comparable to Un­ ion and the one which he/she held at Employer cannot be concluded, then the time of his/her promotion or transferprovisions o f Section 19, “ No Strike - No Lockout” shall not be binding upon the Union and the Employer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees Seniority shall be considered defined as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous 's length of continuous service in rank with the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective Auburn Fire Department and his last date of commencement of employment at Rutgers. If employees continue to have the same seniority datecommencing employment, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementexcept that in vacation selection, seniority shall be calculated from each unit member’s original date total length of full-time employment continuous service with the University on Department. When an absence exists for the date position of line Officer and the Agreement was ratified.Duty Chief or his designated representative determines to assign a Firefighter to this absence, consideration shall be given in the following order: (1) Firefighter assigned to the company and the platoon with at least five (5) years of experience (2) Firefighter assigned to the company with at least 5 years of experience (3) Firefighter assigned to the platoon (shift) with at least 5 years of experience (4) out of company Firefighter with at least 5 years of experience. Continuous service shall be broken as a result of a resignation by the employee or a discharge for just cause. The Office Employer shall furnish the Union on January 1st of Labor Relations shall maintain each year a seniority list showing all employees covered under this Agreement and the last date of Unit Membersappointment to their designated rank for continuous service, and their last date of commencing employment. When a copy permanent vacancy exists due to resignation, promotion, or disability, the Chief shall post on the bulletin boards of which shall be furnished all companies a notice to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work this effect for a period of three fifteen (315) consecutive scheduled working days without subsequent notification calendar days, and shall provide space where employees requesting consideration for this vacancy may sign their name. A list of names of employees signing this notice shall be forwarded to Rutgers the Union President. At the conclusion of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacationthe period, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In Employer agrees that in filling the event of layoffjob vacancy, the following shall applyfactors will be taken into consideration: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off(1) aptitude, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications skill and ability to perform the work available. 7required work; (2) dependability; (3) physical ability; and (4) seniority. A Unit Member who is promoted or permanently transferred to If the aptitude, skill and ability, dependability, and physical ability of qualified bidders are relatively equal, seniority will prevail. The Employer shall furnish the Union President a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date copy of the promotion or transfer, during which period notice of time reassignment. The Employer shall furnish the Unit Member may be returned to work in Union President a position within the unit comparable to the one which he/she held at the time copy of his/her promotion or transferall temporary assignments.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. A. Seniority for the purpose of o f this article contract shall be based upon an employee’s calcu­ lated by continuous length service from the last date of service in the negotiations unit covered employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer and shall be furnished to the IAFF-5082Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto and made a part hereof. Seniority shall prevail in the following instances in the manner as listed hereafter. B. The Office Employer agrees to give a week’ s notice or a week’s pay in lieu of Labor Relations also a week’s notice to full time employees with six (6) months service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months service who are laid off due to lack o f work. All employees like­ wise shall furnish give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted. C. Employees laid off due to the IAFF-5082 copies store closing or reduction of employment shall be laid off by order o f the most recent hired and shall be rehired in the reverse order of the monthly reports reflecting changes layoff, with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How­ ever, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority. 1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list. 4, or may take a complete layoff. A Unit Member’s seniority They shall cease have right o f recall on any full time opening, provided they can do the work. Full time employees reduced from full time to part time through no fault of their own will retain Blue Cross and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work Blue Shield coverage for a period of three six (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence;6) f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers1. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will This Agreement shall not be unreasonably withheld. 5construed as restricting maonths. In The Employer will pay the event monthly composite rate sales representative from inspecting any and all merchandise of layoffhis respective company for spoilage or replacement, the following nor shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities it apply to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that initial special displays unless they have the requisite qualifications and ability a tend­ ency to perform the work availablebecome constant or too often. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. This entire article will be read in conjunction with the job protection language agreement in Article II (c). 1. All employees (a) Seniority shall be considered by work classification over the system and shall accrue from the date of entering the classification. The work classifications to be recognized for seniority purposes shall be those listed at the beginning of this Agreement. The names of all supervisory employees of the Company who have been or who are promoted from classifications covered by this Agreement shall be maintained on the seniority list. However, an employee shall not accrue classification seniority in any position of a temporary nature. An employee laid off may bump any junior employee in his classification first, or in any other classifications in which he has seniority. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guaranteed a position under the BA/IAM agreements regardless of having established any previous classification seniority. In re-employment the Company will recall employees in the reverse order of layoff. The seniority of each supervisory employee regularly assigned and actively employed as such on the effective date of this Agreement will be established as of a date to be determined by giving consideration to all time spent in continuous service in the Company in the classification covered by the scope of this Agreement in which he had been regularly assigned. (b) Seniority plus the ability to satisfactorily perform the work required for the job in question shall govern all employees covered by this Agreement in preference of shifts, in case of lay-off, re-employment after lay-offs, and in all promotions, demotions or transfers within the classifications covered by this Agreement. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guar- anteed a position under the BA/IAM agreements regardless of having established any previous classification seniority. Seniority shall govern all Representatives covered by this Agreement with regard to the selection of shifts, vacations, lay-offs, re-employment after lay-offs and all demotions or transfers within classifications covered by this Agreement. Seniority, qualifications for the position and ability to perform the duties required for the job in question shall govern all promotions with- in classifications covered by this Agreement. (c) In a reduction of force, employees to be laid off will be privileged to exercise their seniority in any classification in which they have previously established seniority rights. Employees will be laid off only in accordance with their seniority within the work unit in which they are employed. The seniority list shall show unit seniority. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guaranteed aposition under the BA/IAM agreements regardless of having established any previous classification seniority. (d) In the restoration of force, employees will be re-employed in the order of seniority within their unit. (e) In the event of the geographical relocation in whole or in part of any of the work performed by employees covered by this Agreement, the employees affected will be given an opportunity to transfer to the new location with transportation paid and in accordance with the provisions set forth in paragraph (e) of Article VII for the employee and his dependents living with him, and given full credit for their accumulated classification seniority at the point to which the work is transferred in whole or in part. The Company will also arrange to transfer the employee’s household effects at Company expense. Each employee will be given five (5) relocation days with pay and a resettlement allowance of $3,000. It is understood the increase or expansion of facilities at a particular point that does not involve a reduction in jobs or facilities at another point shall not be construed as a geographical relocation of work in whole or in part. (f) Except as otherwise provided in this Agreement, new employees hired after the effective date of this Agreement shall be regarded as probationary employees for the first 120 calendar ninety (90) days of their employmentemployment and there shall be no responsibility on the part of the Company for the re-employment of temporary employees if they are discharged or laid off during this period. This probationary period may be extended without concurrence by mutual agreement between the Company and the Union. If retained in the service after the probationary period, the names of IAFF Local 5082 such employees shall then be placed on the seniority list for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever their respective classification in the order of the date of their original hiring at the sole discretion point and on the system seniority roster. The Company will furnish the Local Committee with names, classification, department and rate of Rutgers and they shall not be entitled to utilize the provisions pay of the Grievance Procedure set forth in Article 7 of this Agreementall new employees within five (5) days after being employed. 2. (g) Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered lists by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which classifications shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to Local Chairman and the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease International Union, and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mailposted in each shop, return receipt requestedhangar, or facility, January lst of each year and shall be revised each six (6) months thereafter. Such lists shall be subject to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work correction upon protest for a period of three 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 classification or by length of service with the Company, then the names shall be listed in alphabetical order by surnames, as listed on their original employment application. (h) Employees will lose their seniority status and their names will be removed from seniority lists under the following conditions: 1. He quits or resigns from the Company or accepts a position within the Company which is not under the jurisdiction of the IAMAW for a period in excess of six (6) months. A waiver of this six month provision may be granted by mutual agreement. 2. He is discharged for just cause. 3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse . He is absent from work for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration without properly notifying the Company of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure his absence, and not then if a satisfactory reason is given for not so notifying the Company. 4. He does not inform the Company in writing or by telegraph of his intention to report back return to work on time, approval will not be unreasonably withheldservice within seven (7) days of receipt of a notice offering to re-employ him. 5. In He does not return to the event of layoff, the following shall apply: Where one service on or more employees before a date specified in the same title performing notice from the same functional tasks in the same work unit are being laid Company after a lay-off, layoff shall which date should not be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities prior to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.fifteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. A. Seniority for the purpose of this article contract shall be based upon an employee’s calcu­ lated by continuous length service from the last date of service in the negotiations unit covered employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer and shall be furnished to the IAFF-5082Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto and made a part hereof. Seniority shall prevail in the following instances in the manner as listed hereafter. B. The Office Employer agrees to give a week’s notice or a week’s pay in lieu of Labor Relations also a week’s notice to full time employees with six (6) months service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall furnish give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted. C. Employees laid off due to the IAFF-5082 copies store closing or reduction of employment shall be laid off by order of the monthly reports reflecting changes most recent hired and shall be rehired in the reverse order of the layoff, with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How­ ever, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority. 1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list. 4, or may take a complete layoff. A Unit Member’s seniority They shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification have right of recall that he/she intends on any full time opening, provided they can do the work. Full time employees reduced from full time to accept such offer part time through no fault of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work their own will retain Blue Cross and Blue Shield coverage for a period of three six (36) consecutive scheduled working days without subsequent notification months. The Em­ ployer will pay the monthly composite rate as certified by the Trustees to Rutgers of a justifiable excuse the “ Fund” for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldthis coverage. 52. In The Employer shall combine existing part time assign­ ments on a seniority basis, unless such hours duplicate each other, providing the event employee can do the work, so as to provide the maximum part time employment per individual within the definition of part time employment, and further to create as many full time positions as possible. D. The Employer recognizes the principle of seniority as being one in which the movement of an employee from one job to another or from one location to another through promotion, demotion, layoff, the following shall apply: Where one recall after layoff, or more employees in the same title performing the same functional tasks in the same work unit are being laid offpermanent transfer, layoff shall be implemented governed by the length of service of the employee, and in reverse order of seniority, provided con­ nection with such movement the senior employees has the requisite qualifications and abilities Employer may take into con­ sideration as to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and each employee involved his ability to perform the work availablework. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of E. Employees having more than one (1) year year’s seniority on either the night or day shift shall have the right to request a transfer to or from the date night or day shift on an individual store basis. F. Employees on leave of the promotion absence, sick leave, or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfermaternity leave shall retain their former standing on all seniority lists.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All a. New employees hired into the secretarial unit shall be considered as probationary employees for the first 120 calendar ninety (90) days worked of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. . b. Probationary employees may shall not have access to arbitration for disciplinary matters up to and including discharge. Newly hired probationary employees shall not have the right to transfer to a vacant position in the bargaining unit during their probationary period. Newly hired probationary employees shall be disciplined or terminated at granted an interview for vacant positions if they express an interest in the position, in writing, during the posting period. c. Seniority shall be on a District-wide basis with the employee’s date of hire by the Board of Education. d. A letter of intent to hire will be given to the applicant when a position is offered and accepted by the applicant, stating the date of Board approval and starting rate of pay. If the Board meeting referred to in the letter is canceled for any reason, approval will be postponed until the next meeting, with the employee’s starting rate of pay to be effective retroactive to the original Board date for any time for any reason whatsoever at worked after the sole discretion of Rutgers original date. e. A secretary who resigns and they is re-employed shall not have seniority beginning with her re-employment date. A secretary whose services have been terminated by a layoff shall be entitled to utilize reinstated with full seniority standings, if recalled by the provisions of the Grievance Procedure set forth District in accordance with Article 7 of this Agreement.– Vacancies, Promotions, and Layoffs, Paragraph H. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. f. In the event employees have that more than one individual secretary has the same starting date of work, the 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 secretaries. The notice of the drawing, including date, their respective time and place, will be provided in writing to the Association and all affected secretaries one week before the drawing. The drawing will be conducted openly and at a time and place that allows all interested secretaries, particularly those affected, to attend. The president of the Association, or her designee, shall draw for any secretary unable to be in attendance. All affected secretaries and the Association will be notified in writing of the results of the drawing within forty-eight hours of the drawing. g. A secretary’s seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently frozen when transferred to a job non-bargaining unit position. Seniority shall be lost upon termination, resignation, or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferretirement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. A. Seniority shall be defined as the length of service within the District as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s first working day. In the event two or more persons have the same starting date of work, positions on the seniority list shall be determined by lottery. Seniority for employees hired after July 1, 2000, having the same starting date shall be determined by lottery within thirty (30) days of hire date. Seniority placement for those affected will be permanent. Those affected employees and a GSSSA representative will be invited to be present when lottery determination occurs. 1. All B. New employees shall be considered as probationary employees for until they have completed a probationary period of thirty (30) workdays. Upon satisfactory completion of the probationary period, seniority shall be retroactive to the first 120 calendar days day of their employment. This probationary period may work. C. For the purpose of this provision, all employees shall be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions placed in one of the Grievance Procedure set forth following classifications based on their current assignments: 1. Assistants 2. Courier 3. Maintenance 4. Secretary 5. Clerical 6. Paraprofessional* 7. Interventionist *Paraprofessionals will be defined as Certified School Readiness, Certified Title I, Certified Interpreter (language, signing), Licensed Building Trades, Certified One/One Nurse, RTC Coordinator, and In School Suspension Coordinator. D. The employer will develop Job descriptions for each classification with the Association being given the opportunity for input. E. The Board shall prepare, maintain and post the seniority list. The seniority list shall be prepared and posted conspicuously in Article 7 all buildings of the District within thirty (30) days after the effective date of this Agreement with revisions and updates. The list shall be updated monthly thereafter and a copy provided to the Association Treasurer and President. F. State and Federal programs and statutes shall be observed where applicable for specially funded programs. Except where prohibited, all employees shall receive seniority rights as provided in this Agreement. 2G. Any employee who has been incapacitated at his regular work by injury or compensable occupational disease while employed by the Board, or injured in a work or non-work related accident may return to a light duty assignment or other work in any classification that is operated by the Board provided such assignment or work is available. Seniority for the purpose of this article Said assignment shall be based upon at the employee’s regular rate of pay. H. Seniority shall be lost by an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation 1. Upon termination, resignation, or retirement; b. 2. Discharge permanently for causeproper cause after receiving due process; c. Continuous layoff 3. Absent for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absencenotifying the immediate supervisor, unless satisfactory reason is provided; f. Failure to report back to work within three (3) consecutive work days upon expiration 4. Seniority will be frozen as of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred date an employee transfers to a job or position classification not covered by this Agreement until he returns to a classification covered by this Agreement. 5. After three consecutive years of being laid-off. I. Seniority shall retain be frozen and accumulate his/her seniority as provided for in this Agreement for shall not accrue when a period person is on unpaid leave of one longer than thirty consecutive (130) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned workdays. Bargaining unit members using donated days to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferreplace unpaid leave will still constitute unpaid leave.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1. All Seniority shall date from the first hour of work providing the probationary period is completed successfully, in any job classification covered by this Agreement. Seniority can only be gained by working in those classifications. Section 2. Seniority, for the purpose of layoff, job bidding, bumping, or other specified purposes, shall be district wide. In the event that two or more employees shall be considered as probationary hired at the same board meeting, the Board shall designate the seniority standing at the time of employment. Such seniority standing shall be included in the chronological hiring motion recorded in the minutes of the Board. Section 3. In case of layoff in any classification covered by this Agreement, the youngest employee in point of seniority within the job classification affected will be laid off first. When laid off employees are called back to work, the procedure will be reversed; the oldest employee in point of seniority will be called back first. Section 4. In any classification covered by this Agreement, seniority earned in any higher classification shall be added to any previous seniority earned in any lower classification for the first 120 calendar days purpose of their employmentjob bidding, layoff, bumping, etc. This probationary Should any employee in any classification be given cause to exercise his/her seniority, he/she shall be permitted to bump any employee with lesser seniority in any classification that his/her seniority permits. Section 5. For a two-year period may commencing at and following a layoff of any full-time employee in classifications covered by this agreement, no new employee shall be extended without concurrence hired unless all laid-off employees have been offered in writing the opportunity to work the hours for which the new employee would be hired. Refusal to return to work for less hours or at a lower rate of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they pay than his/her former position provided shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of change any laid-off employees’ call-back rights under this Agreement. 2Section 6. Seniority Whenever a vacancy occurs or a new position is created, such vacancy or new position shall be put in writing and forwarded to each employee by the Superintendent of Schools. Section 7. Bids will be accepted for the purpose vacancy or new position at a meeting of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered staff at a time and place designated by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date Superintendent of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work Schools within three (3) consecutive work days upon expiration of vacation, leave the date the vacancy or new position occurs. Bids will be accepted for the vacancy or new position on the basis of absence or any renewal thereof unless prior approval has been granted seniority and qualifications. Any vacancy created by Rutgers. Where the Unit Member has a justifiable reason first bid will be placed for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in bid during the same title performing meeting. The employee with the same functional tasks in the same work unit are being laid off, layoff most seniority shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable assigned to the one which vacancy or new position providing he/she held at has the time of his/her promotion or transfer.necessary qualifications to fill the position. Whenever there is doubt about qualifications, persons bidding on the position shall be given up to thirty

Appears in 2 contracts

Sources: Cafeteria Employees Agreement, Cafeteria Employees Agreement

SENIORITY. Section 1 Seniority, as used herein, is defined as continuous time in rank and classification (Law Enforcement/Corrections), while employed by MCSO, which entitles members to certain considerations and preferences as provided for in this Agreement. Seniority shall accumulate during approved absence due to illness, injury, vacation leave and military leave. Employees on other authorized leave shall maintain the seniority they had when their leave commenced. Bargaining unit members who terminate service with MCSO and are rehired within a one (1. All employees ) year period, shall be considered as probationary employees for returned to duty at the first 120 calendar days of their same pay grade they held prior to terminating employment. This probationary However, any bargaining unit member of the rank of Sergeant who terminates employment and is rehired within a one (1) year period may shall be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever rehired at the sole discretion of Rutgers and highest deputy sheriff pay-grade for which they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementcould qualify. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations Section 2 Bargaining unit covered by the Agreement. In the event employees have members with the same classification date shall have their seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgersapplication with MCSO. If employees continue to have the date of hire and application are the same for bargaining unit members, then seniority date, their respective seniority shall will be determined by alphabetical order of using the employees’ last name as listed on their last namesapplication. For purposes of this initial agreement, seniority Seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes apply in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasonsmatters: a. Resignation or retirement; b. Discharge A. Vacation selection for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University each calendar year. Selections will be made in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work rounds, and employees shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of select one (1) year vacation period consisting of contiguous days each round. All bargaining members will submit their vacation preferences prior to November 30 and the new vacation schedule will be completed by December 31. Additional vacation selections will be scheduled on a first come first serve basis. B. Unless operational needs dictate to the contrary, seniority shall govern in filling shift vacancies within a member’s current assignment. C. Shift assignments shall be based on seniority bidding, unless operation necessity dictates otherwise. All bargaining members will submit their shift preference prior to October 15, and the new shifts will be determined by November 15. The new shifts will become effective the first shift immediately following the January payroll cut off. Probationary employees who are assigned to an FTO will be ineligible for shift bidding. Shift bidding will include the option to bid East Coast or West Coast and Days/Evenings or Midnights. D. Layoffs shall be made in accordance with Article 10 of this agreement. For the purposes of layoffs, seniority is the total length of continuous sworn service in the MCSO computed from the date of the promotion or transferlast hire in a sworn position. However, during which period of time the Unit Member members who do not have seniority in their current classification may be returned subject to work in a reassignment to another sworn position within the unit comparable to the one which he/she held at the time Sheriff’s Office based on seniority. E. Employees shall be recalled from lay off in accordance with Article 10 of his/her promotion this Agreement. All vacant or transfernewly created Sergeant positions shall be posted.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All (a) Seniority for full-time employees shall be considered as probationary determined by Branch and Division where applicable by the date on which such employees become full-time employees. (b) Seniority shall be applicable by Branch and Division for full-time employees for the first 120 calendar following purposes:  the selection of vacations  lay-offs  overtime opportunities as outlined in Article 9, Hours of Work and Article 11, Overtime  scheduling of hours and days of their employment. This probationary period may work (c) A Branch and Divisional full-time seniority list and a separate Branch part- time seniority list shall be extended without concurrence of IAFF placed on the Employer’s bulletin board and forwarded to each respective Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this AgreementUnion every 6 months. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event (d) For all new Part-time employees have the same seniority datehired after ratification, their respective seniority shall be determined by their respective the date of commencement of employment at Rutgershire as a part-time employee. If Part-time employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of placed on the appropriate part-time seniority list in accordance with this Article, based on the first employee to clock in on their last namesfirst scheduled shift after they have been hired. For purposes of this initial agreement(i.e. first to work, seniority first on list). (a) In the event a full-time vacancy occurs within a Branch or Division, within the classifications covered hereunder, such vacancies shall be calculated from each unit memberfilled in accordance with seniority, provided the employee considered for the vacancy possesses the ability and qualifications necessary for the full-time vacancy. The Employer shall determine the ability and qualifications necessary for the full-time vacancy, provided such determination shall not be unreasonable and shall be subject to the grievance procedure. Any employee who has been selected to fill a full-time vacancy and within a sixty (60) day trial period but no earlier than thirty (30) days does not meet the Employer’s original date requirements for the full-time vacancy, he/she shall be restored to their former position and shall retain their seniority. The Company will include required qualifications in all job postings. The Company will provide necessary training required for positions within the bargaining unit. (b) A notice of full-time employment with the University vacancies occurring in a classification hereby covered shall be placed on the date Employer’s bulletin board on the Agreement was ratifiedEmployer’s premises at least five (5) working days prior to filling of such vacancy. The Employer will post the name of the successful applicant on the company bulletin board for five (5) days after the posting is taken down. 3. The Office of Labor Relations shall maintain (c) When a seniority list of Unit Membersfull-time vacancy exists, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to Employer will fill the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine vacancy as soon as practicable but no later than fourteen (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (714) calendar days after the vacancy has been posted. Should the successful applicant not be placed in their new position they will receive the new rate of receipt pay after the fourteen (14) calendar days has expired. The resulting two (2) vacancies, if any, will be posted. If, for any reason, a full-time employee is going to be absent for twenty- one (21) calendar days or more, his position will be posted as a temporary full-time vacancy without benefits, provided the employee notifies the employer he shall be off for twenty-one (21)calendar days. (d) Where the filling of notification a vacancy results in a crossover from one Division to another of recall that he/she intends to accept a full-time employee such offer of reemployment. An employee accepting such an offer of reemployment must return to active service transfer will be completed within fourteen (14) calendar days days. (e) Any employee who has been awarded a full-time vacancy will not be able to apply for another full-time vacancy at a lesser rate of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work pay for a period of no less than three (3) consecutive scheduled working days without subsequent notification months. 5.03 Any employee who has been promoted to Rutgers a permanent position outside of the bargaining unit and after a justifiable excuse for such absence; f. Failure reasonable trial period not to report back to work within exceed three (3) consecutive work days upon expiration months following consultations with the Union appointments to temporary positions may be subject to a greater duration than three (3) months (e.g. maternity leave coverage), does not meet the Employer's requirements for the new position or makes the request to do so, shall be restored to their former position and shall retain their seniority therein. The foregoing shall be applied only once to any individual employee during the term of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldthis Agreement. 55.04 Divisional seniority shall prevail with respect to layoff and reemployment after layoff irrespective of classification, provided employees possess the ability and qualifications to perform all of the functions required. In the event of layoff, stewards, in order of their seniority, shall be the last to be laid off provided they possess the ability and qualifications to perform all of the functions required and the chief ▇▇▇▇▇▇▇ shall be laid off last as among all other stewards at each Branch. (a) Whenever forty (40) hours of work per week shall be regularly available to a single part-time employee, in excess of the regularly scheduled work then guaranteed to full-time employees and exclusive of relief work performed by employees for emergency, and special work, holiday work, peak period work, contingencies; then another employee will be added to the list of full-time employees. (b) The parties agree that while part-time employees may be assigned to work in any classification in any Operating Division, additional full-time jobs will only be created and part-time employees promoted to full-time status, where forty (40) hours are regularly available in a single Operating Division e.g. ATM Division, Armoured Division. (c) The employer agrees, that prior to any layoff and proceeding to Article 5.06, the company in consultation with the union will maintain full time positions, including benefits and wages, at 40 hours per week, through utilizing available part-time hours by enacting the following:  Varied shift hours including split shifts with no more than four (4) hours of break in between.  Modified work weeks to include up to 6 day per week schedules.  Regardless of division  Inclusive of vacation relief  Exclusive of “on call” work (a) In the event the work requirements of the Employer shall be reduced to the point that the guaranteed number of regularly scheduled hours of work per week shall not be regularly available to all of the full-time employees, the junior full-time employee shall be laid off or reduced to part-time status, at the employee's option. (b) Lay-offs or demotions to lower classifications within the bargaining unit due to reduced work requirements of the Employer shall be made in reverse order of seniority provided the employee has the ability and qualifications necessary for the available position. The Employer agrees that in the event of a layoff, the following procedure shall apply: Where one or more employees : (i) all lay-offs in the same title performing the same functional tasks in the same work unit are being laid off, layoff Division or Branch where applicable shall be implemented in reverse order of seniority; (ii) the affected junior employee shall be given the opportunity of displacing an employee with less seniority in another classification, provided the senior employees employee has the requisite ability and qualifications and abilities to perform the work available, other than teaching duties.job (within the Division first); 6. Unit Members shall be recalled to work from layoff (iii) where there is no classification in order of their seniority provided that they have which the requisite qualifications and junior employee has the ability or qualification to perform the work available.job within the Division, he shall bump a junior employee outside his Division, providing he has the ability and qualification to perform the job; 7. A Unit Member who is promoted or permanently transferred to (iv) where Clause (ii) and (iii) do not provide the junior employee with a job or position not covered by this Agreement shall retain and accumulate permanent position, he/she may bump, at his/her seniority as provided for in this Agreement for a period of one (1) year from own expense, the date of the promotion or transfer, during which period of most junior full-time the Unit Member may be returned to work in a position employee elsewhere within the unit comparable to the one which he/she held at the time jurisdiction of his/her Union Local. Where a vacancy exists for which the employee is qualified in a Branch represented by the Union Local it shall be deemed to be the most junior full-time employee for the purposes of bumping. (v) Employees who have the ability and qualifications to bump into a new position will be provided with a maximum of forty (40) hours training as necessary. (c) Full time employees who select reduction to the status of part time employees, shall hold top seniority among the part time employees and shall have first call to scheduled assignments with greater earning opportunities up to the guaranteed hours per week and shall be first in line for promotion to full time status. In order to maintain this preferential status, the part-time employee must make themselves available for a minimum of ten (10) shifts per month or transfer.eighty (80) hours, should those shifts/work be available. Upon demotion, the employee shall be paid the full-time hourly rate of pay only for the classification he/she performs, for six (6) calendar months. At the conclusion of the six (6) calendar months,

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. Section 1. All employees shall be considered as probationary employees for the first 120 calendar days : Upon successful completion of their employment. This a probationary period of sixty (60) calendar days, seniority will revert to date of hire. An individual employee whose achievement and performance during the sixty (60) day probationary period are, in the opinion of management, marginal or untested may be notified by management that the probationary period will be extended without concurrence of IAFF Local 5082 for up to an additional 30 sixty (60) days, upon notice to IAFF. The additional sixty (60) day period shall not be used automatically for all new employees. Probationary employees will not be included on the overtime rotation until the end of the probationary period but may be disciplined or terminated at any time for any reason whatsoever at utilized if necessary as determined by the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2Supervisor. Seniority for For the purpose of this article Agreement, classification seniority shall be based upon defined as an employee’s length of continuous length full-time service as contained in the designated classifications under this Agreement. Newly hired probationary employees shall not be included as part of the seniority until they have successfully completed the sixty (60) day probationary period. For purposes of determining seniority, all employees shall be placed in one of the following classifications based on their current assignments: 1. Custodial 2. Grounds 3. Maintenance Section 2: On or before February 1 of each year, separate seniority lists as designated by job classifications shall be distributed to employees showing their lengths of service in the negotiations unit covered by District and their classification. Newly hired employees shall not be on the Agreementlist. A copy of the seniority lists shall be provided to the Union semi-annually. Any employee who disagrees with their seniority placement shall respond, in writing, to the Superintendent and to the Union representative within ten (10) work days after the effective date of the posting. For the purpose of wages and benefits, District-wide seniority will prevail. Section 3: Vacancies occurring within a job classification, including newly created positions within the bargaining unit, shall be posted on a designated bulletin board in the District building along with a copy of such posting being sent to the Union ▇▇▇▇▇▇▇. Every reasonable effort will be made to post vacancies at least three (3) working days prior to being filled. In the event employees have that the same seniority dateSuperintendent determines it is necessary to fill a position immediately, their respective seniority the Union shall be determined by their respective date notified in writing stating the reason for the decision. Such posting shall contain the following information: 1. Job classification 2. Type of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. work 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. Starting date 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any Range of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.pay

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 112.01 In layoffs, recalls, or permanent reduction of hours, seniority shall apply. All There shall be one seniority list for full-time employees and a separate seniority list for part-time employees and a separate seniority list for courtesy clerks. Full-time seniority shall be defined as the date the employee was last classified full-time. Part-time seniority shall be defined as the length of last continuous employment. (Excluding time spent as courtesy clerk). Full-time employees shall have seniority over all part-time employees. Seniority for layoffs for Full-time and Part-time employees shall be considered administered in accordance with the provisions of Appendix “A” attached. 12.02 In the matter of permanent transfers, ability and seniority shall be the controlling factor. 12.03 In the matter of promotions within the bargaining unit, seniority will be the controlling factor as probationary employees long as the employee has the ability to perform the work. A full-time employee who desires consideration for a department head, assistant, or lead position shall notify Human Resources, their Store Manager, District Manager and the Union in writing. When a vacancy occurs, the Employer will review any requests on file, along with any other candidates, and a decision will be made based upon ability, seniority. Requests will be valid for six (6) months from date received by the above referenced individuals. 12.04 Permanent vacancies for the first 120 calendar positions of Department Manager: Front-End, Grocery, Produce, Deli, Meat and Drug/GM will be posted in each store in the areas covered by the bargaining agreement for a minimum of seven (7) days prior to the appointment, subject to the provisions of the above paragraph. Such notice shall be of a uniform size and shall be posted in a prominent location to be seen by all employees. The Company agrees to include the store wage level information on the job posting. 12.05 In the event employees engage in an authorized work stoppage, employees will be called back by seniority within their employmentclassification as needed in their store on termination of the authorized work stoppage. 12.06 Seniority shall be considered broken if an employee is justly discharged by the Employer, if the employee is promoted to a position outside the bargaining unit, if the employee voluntarily quits, if the employee has been laid off continuously for a period of more than six (6) months, or if the employee is called back to work after a lay-off and does not report for work within one (1) week. This probationary period may be extended without concurrence of IAFF Local 5082 should not apply to employees who are temporarily assigned to relieve employees outside the bargaining unit for an additional 30 days, upon notice vacation purposes or emergencies not to IAFF. Probationary employees may be disciplined or terminated exceed five (5) weeks at any time one time. 12.07 During the first sixty (60) days all employees shall be on a trial basis. The Employer may discharge any new employee during said trial period for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article there shall be based upon an employee’s continuous length no right of service in appeal to the negotiations unit covered by the Agreement. In the event grievance and arbitration 12.08 Part-time employees have the same seniority date, their respective seniority shall will be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of given preference for full-time employment with jobs if qualified. Employees interested in such full-time jobs will notify Human Resources, the University on Store Manager, and Union in writing. Part-time employees will be given first consideration for promotion to full-time when a vacancy exists; however, this shall not preclude an employee in another department from requesting a transfer for such vacancy or a vacancy that might become available. Store Clerks, Fuel Center and Starbucks clerks interested in transferring into or out of the date Fuel Center or Starbucks, shall notify Human Resources, the Agreement was ratifiedStore Manager and the Union in writing. 312.09 Each week the Employer will give the Union a listing of newly hired and active employees. The Office of Labor Relations This listing shall maintain a include names, social security numbers, home addresses, store numbers and seniority list of Unit Members, a copy of which dates and shall be furnished given to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes Union in the seniority listform of a computerized tape or disk in the format that matches the Union’s computer. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of 12.10 The Union Shop Stewards (excluding the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member alternate Shop Stewards), not to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of exceed three (3) consecutive scheduled working days without subsequent ), shall be the last employees in their classification in the store to be transferred or laid off. The Employer must receive written notification of the ▇▇▇▇▇▇▇’▇ appointment prior to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldgranting above. 5. In 12.11 Part-time employees will be allowed to claim daily schedules Sunday through Saturday within the event of layoff, the following shall apply: Where one or more employees store in the same title performing the same functional tasks employee’s classification based on seniority in the same work unit are being laid offorder to provide up to forty (40) straight-time hours per week, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutiesexcluding overtime hours. 6. Unit Members shall 12.12 The Union Representative will inform the Store Manager and Human Resources of any violations pertaining to scheduling of hours on a seniority basis, and a decision will be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work availablerendered within one week. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees (a) Seniority shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority defined for the purpose of this article Agreement as the net credited service of the employee. Net credited service shall mean continuous employment with the City beginning with the date and hour on which the employee began to work after last being hired, less deductions for leave of absence or unauthorized absences; plus paid sick time, workers compensation time off, plus Armed Forces Service. Employees who transfer into the Unit from other City Departments shall retain seniority for purposes of determining fringe benefit allocations, in which case, all prior seniority will apply. (b) New employees will be based upon an employee’s continuous length considered probationary employees for a period of not less than one year from the date of permanent employment. An employee may be terminated at any time during the trial service in the negotiations unit covered period by the Agreementappointing authority without the right of appeal or a hearing. (c) An employee's probation may be extended for another (consecutive) period of six (6) months after review and decision by joint bargaining committee and in such cases the provisions of paragraph (b) above will apply throughout this extended period. (d) Employees laid off without misconduct on their part and who make a request in writing within two years after separation from the service shall have their names placed on either or both a general reemployment or departmental reemployment list, depending upon the request. In The rank of such employees on the event employees have the same seniority date, their respective seniority list shall be determined by their respective a combined rating giving equal consideration to efficiency as demonstrated on the job and the length of service with the City. The eligibility of all candidates on reemployment lists shall expire two years from the date of commencement their separation from the service; renewal of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority reemployment eligibility shall be determined on a year-to-year basis and must be requested in writing by alphabetical order candidates before expiration of their last namescurrent eligibility. For purposes In cases where an employee is separated because of this initial agreementa job-related disability, seniority and a financial settlement is reached between the City and the disabled employee, that person shall not be calculated from each unit member’s original date of full-time employment with the University eligible for inclusion on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority any reemployment list. 4. A Unit Member’s (e) Seniority shall be figured on a departmental basis. (f) The employer will post departmental seniority lists annually. (g) An employee shall cease and his/her employee status shall terminate lose his seniority for any of the following reasonsreasons only: a. Resignation or retirement;(1) He quits. b. Discharge (2) He is discharged and the discharge is not reversed through the procedure set forth in this Agreement. (3) He is absent for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notifying the Employer. The Employer will send written notification to Rutgers the employee at his last known address that he has lost his seniority and his employment has been terminated. If the disposition made of a justifiable excuse for any such absence;case is not satisfactory, the matter may be referred to the grievance procedure. f. Failure to report back (4) If he does not return to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where when recalled from layoff as set forth in the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldrecall procedure. 5(h) An employee who is injured on duty shall continue to accumulate seniority during his absence due to such injury and shall be reinstated upon recovery to his former position with full seniority rights, provided he is physically qualified to return to work. In It is understood that when such an employee returns to work, the event regular rules of seniority for layoff, as set forth in ARTICLE 7 above, will prevail for those men below him on the following shall apply: Where one or more employees in seniority list unless otherwise mutually agreed between the same title performing City and the same functional tasks in the same work unit are being laid off, layoff Union. (i) Seniority shall be implemented a factor for consideration in reverse order of seniority, provided the senior employees has the requisite qualifications selecting an employee for promotion in any department. The other two factors shall be ability and abilities to perform the work available, other than teaching dutiesqualifications. (j) Employees assigned to vacancies or new positions will be given a reasonable opportunity, not to exceed six (6. Unit Members shall be recalled ) months, to work from layoff in order of demonstrate their seniority provided that they have the requisite qualifications and ability to perform fill such vacancies or positions. If the work available. 7. A Unit Member who employee is promoted or permanently transferred unable to a job or position not covered by this Agreement qualify for the new position, he shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work his original classification with no loss of seniority in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferoriginal classification.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. This entire article will be read in conjunction with the job protection language agreement in Article II (c). 1. All employees (a) Seniority shall be considered by work classification over the system and shall accrue from the date of entering the classification. The work classifications to be recognized for seniority purposes shall be those listed at the beginning of this Agreement. The names of all supervisory employees of the Company who have been or who are promoted from classifications covered by this Agreement shall be maintained on the seniority list. However, an employee shall not accrue classification seniority in any position of a temporary nature. An employee laid off may bump any junior employee in his classification first, or in any other classifications in which he has seniority. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guaranteed a position under the BA/IAM agreements regardless of having established any previous classification seniority. In re-employment the Company will recall employees in the reverse order of layoff. The seniority of each supervisory employee regularly assigned and actively employed as such on the effective date of this Agreement will be established as of a date to be determined by giving consideration to all time spent in continuous service in the Company in the classification covered by the scope of this Agreement in which he had been regularly assigned. (a) Seniority plus the ability to satisfactorily perform the work required for the job in question shall govern all employees covered by this Agreement in preference of shifts, in case of lay-off, re-employment after lay-offs, and in all promotions, demotions or transfers within the classifications covered by this Agreement. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guar- anteed a position under the BA/IAM agreements regardless of having established any previous classification seniority. Seniority shall govern all Representatives covered by this Agreement with regard to the selection of shifts, vacations, lay-offs, re-employment after lay-offs and all demotions or transfers within classifications covered by this Agreement. Seniority, qualifications for the position and ability to perform the duties required for the job in question shall govern all promotions with- in classifications covered by this Agreement. (c) (b) In a reduction of force, employees to be laid off will be privileged to exercise their seniority in any classification in which they have previously established seniority rights. Employees will be laid off only in accordance with their seniority within the work unit in which they are employed. The seniority list shall show unit seniority. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guaranteed a position under the BA/IAM agreements regardless of having established any previous classification seniority. (d) (c) In the restoration of force, employees will be re-employed in the order of seniority within their unit. (e) (d) In the event of the geographical relocation in whole or in part of any of the work performed by employees covered by this Agreement, the employees affected will be given an opportunity to transfer to the new location with transportation paid and in accordance with the provisions set forth in paragraph (e) of Article VII for the employee and his dependents living with him, and given full credit for their accumulated classification seniority at the point to which the work is transferred in whole or in part. The Company will also arrange to transfer the employee’s household effects at Company expense. Each employee will be given five (5) relocation days with pay and a resettlement allowance of $3,000. It is understood the increase or expansion of facilities at a particular point that does not involve a reduction in jobs or facilities at another point shall not be construed as a geographical relocation of work in whole or in part. (f) (e) Except as otherwise provided in this Agreement, new employees hired after the effective date of this Agreement shall be regarded as probationary employees for the first 120 calendar ninety (90) days of their employmentemployment and there shall be no responsibility on the part of the Company for the re- employment of temporary employees if they are discharged or laid off during this period. This probationary period may be extended without concurrence by mutual agreement between the Company and the Union. If retained in the service after the probationary period, the names of IAFF Local 5082 such employees shall then be placed on the seniority list for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever their respective classification in the order of the date of their original hiring at the sole discretion point and on the system seniority roster. The Company will furnish the Local Committee with names, classification, department and rate of Rutgers and they shall not be entitled to utilize the provisions pay of the Grievance Procedure set forth in Article 7 of this Agreementall new employees within five (5) days after being employed. 2. (g) (f) Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered lists by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which classifications shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to Local Chairman and the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease International Union, and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mailposted in each shop, return receipt requestedhangar, or facility, January lst of each year and shall be revised each six (6) months thereafter. Such lists shall be subject to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work correction upon protest for a period of three thirty (330) consecutive scheduled working days; if no complaint is made within thirty (30) days without subsequent notification after posting, the list as published will be assumed to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval be correct and no changes will not be unreasonably withheld. 5made except under extraordinary circumstances. In preparing seniority lists when it is impossible to determine the event proper order by date of layoffentering the classification or by length of service with the Company, then the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff names shall be implemented listed in reverse alphabetical order of seniorityby surnames, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutiesas listed on their original employment application. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1(A) Seniority within the North Attleborough Police Department shall commence from the date of appointment as permanent regular full-time members thereof. All For employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 daysappointed on or before June 6, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service 2016, in the negotiations unit covered by the Agreement. In the event employees have two or more officers are appointed on the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementday, seniority shall be calculated from each unit member’s original date of full-time employment with based on Civil Service Examination marks or, if such officers have the University same Civil Service Examination marks (or if the officers’ Civil Service Examination marks are not available to the Town), upon Police Academy class rank. For employees appointed on or after June 7, 2016, in the event that two or more officers were appointed on the date same day, the Agreement was ratifiedseniority will be based on police academy class rank (higher class rank is more senior). 3. The Office (B) Seniority shall not be broken by vacation time, sick leave, injury leave, lay- off of Labor Relations less than six months, suspension, or authorized leave of absence, or any call to Military Service for the duration of such service. (C) If an employee resigns voluntarily or is discharged for cause, he shall maintain a seniority list lose all seniority. (D) In the event of Unit Membersreduction in force, a copy of which lay-off shall be furnished to the IAFF-5082. The Office in inverse order of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease hiring and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldseniority. 5(E) The Chief will post a shift preference sheet in January of each year. In the event of layoff, the following Each officer shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided indicate on that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate sheet his/her seniority as provided for in this Agreement for a period of one first and second shift preferences. The Chief will make shift assignments within thirty (130) year from the date days of the promotion posting of the shift preference sheet. The Chief will consider the officers' preferences when making assignments for that year. If an officer with five (5) or transfermore years of employment with the North Attleborough Police Department is not assigned to his/her preferred shift the Chief will, during which period upon the officer's request, provide the officer with a written explanation of time the Unit Member may be returned to work in a position within the unit comparable to the one which why he/she held at the time of was not assigned to his/her promotion preferred shift. The Chief will also review the officers' preference sheets when filling any long-term shift vacancies that occur during the course of a year. (F) Each patrol officer shall serve a twelve (12) month probationary period during which her/his employment may be terminated without recourse to the grievance and arbitration procedure of this Agreement. A newly hired officer's probationary period shall commence upon her/his successful completion of a Municipal Police Training Committee certified Academy to which s/he has been sent by the Department. The probationary period for a lateral transfer or transferreinstated officer shall commence upon her/his date of hire (or re-hire) by the Department.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. A. Seniority for the purpose of this article contract shall be based upon an employee’s calcu­ lated by continuous length service from the last date of service in the negotiations unit covered employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer and shall be furnished to the IAFF-5082Union upon request. The Office of Labor Relations also Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto and made a part hereof. Seniority shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes prevail in the seniority listfollowing instances in the manner as listed hereafter. 4. A Unit MemberB. The Employer agrees to give a week’s seniority shall cease notice or a week’s pay in lieu of a week’s notice to full time employees with six (6) months service and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within days’ notice or three (3) consecutive work days upon expiration days’ pay to part time employees with twelve (12) months service who are laid off due to lack of vacation, leave of absence or any renewal thereof unless work. All employees like­ wise shall give a week’s notice prior approval to intended resignation. It is mutually agreed that after termination notice has been granted given by Rutgers. Where the Unit Member has a justifiable reason either party, no new request for failure to report back to work on time, approval will not sick benefits shall be unreasonably withheldgranted. 5. In C. Employees laid off due to the event store closing or reduction of layoff, employment shall be laid off by order o f the following most recent hired and shall apply: Where one or more employees be rehired in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of the layoff, with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How­ ever, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority. 1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list, or may take a complete layoff. They shall have right of recall on any full time opening, provided they can do the senior work. Full time employees has the requisite qualifications and abilities reduced from full 1. This Agreement shall not be construed as restricting taime to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order part time through no fault of their seniority provided that own will retain sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, nor shall it apply to initial special displays unless they have the requisite qualifications and ability a tend­ ency to perform the work availablebecome constant or too often. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 1. All employees Seniority shall be considered on a school district-wide basis within the bargaining unit and defined as probationary employees for dating from the first 120 calendar days of their employment. This day worked in classification covered by this bargaining unit subject to certain provisions subsequently outlined i.e. probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 daysemployees, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions promotions out of the Grievance Procedure set forth in Article 7 bargaining unit, etc. In the event of this Agreement.conflicts arising due to identical employment starting dates ranking shall occur by the last four digits of the respective Social Security numbers, the one with the higher number being a higher seniority rank. For example: 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service a required principle in the negotiations unit covered by the Agreementdetermining promotions. In the event employees have the same seniority date, their respective seniority Ability and job experience shall also be determined by their respective date of commencement of employment at Rutgersconsidered. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementability and job experience are equal, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifieddeciding factor. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Seniority shall be furnished to granted for time spent away from the IAFF-5082. The Office of Labor Relations also shall furnish to job on involuntary service with the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listUnited States Armed Services. 4. A Unit Member’s An employee returning from service with the Armed Forces of our country within ninety (90) days of honorable discharge date shall be granted the privilege of exercising his seniority within the bargaining unit. 5. Seniority ranking shall cease be brought up to date once a year with mutual agreement of both administration and union and a copy sent to each employee. 6. If an employee is transferred or promoted to a position under the Employer not included in the bargaining unit, he shall be given a trial period of up to ninety (90) calendar days, during which time he shall be entitled to transfer back to his former job status and location. If the employee fails to return to the bargaining unit within 90 calendar days, the employee's seniority within the Custodial/Maintenance bargaining unit shall be frozen from the day the employee left the department and shall remain frozen until such time as the employee: a) Returns to the bargaining unit or, b) Is no longer employed by the district. Upon a transferred employee's return to the Custodial/Maintenance department, the employee shall be entitled to bumping rights within the department to any position their frozen seniority affords them under #9 of this article. Only members of the Gibraltar Custodial/Maintenance Association/MEA shall accumulate seniority within the custodial/maintenance department. 7. An employee shall lose his/her employee status shall terminate seniority for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9a) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that heHe/she intends quits. b) He/she is discharged for just cause. c) He/she is absent for three (3) days without notifying the appropriate administrator. d) He/she fails to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14from a Board authorized leave-of-absence on the date specified. e) calendar days of such notice of reemployment unless a later date He/she is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work laid off for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers two years. 8. The seniority of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will an employee shall not be unreasonably withheldlost because of an approved absence. 59. In An employee who is bumped by another employee with greater seniority shall have the event of layoff, right to select the following shall apply: Where one or more employees highest position in the same title performing the same functional tasks in the same work bargaining unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held is qualified by seniority, provided that no employee may displace another employee in a different job classification regardless of seniority, unless he himself is qualified to perform the duties of that classification. 10. There shall be no seniority among probationary employees. Upon completion of probationary period by formal Board hiring as defined in Article 9 the employee shall be entered on the seniority list of the bargaining unit and shall rank for seniority from the first (1st) day of employment in the classification covered by the bargaining unit. 11. The President of the Union and two (2) stewards shall be assigned regular, full-time positions, provided work is available and they can perform the work. Full-time shall mean a regular forty-hour position. Any job assignment scheduled for less than forty (40) hours per week shall be offered to the least senior employee working, and if said employee refuses, he or she shall be allowed to request being placed on layoff status, and the most senior person on layoff shall be recalled. 12. The parties do hereby agree to the following execution of right of seniority and will hereby consider it policy. District-wide seniority will prevail at the time of his/her promotion or transfereach work site within each classification when pertaining to Job Preference.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. A. Seniority for the purpose of this article contract shall be based upon an employee’s cal­ culated by continuous length service from the last date of service in the negotiations unit covered employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer and shall be furnished to the IAFF-5082Union upon request. The Office of Labor Relations also Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto and made a part here­ of. Seniority shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes prevail in the seniority listfollowing instances in the man­ ner as listed hereafter. 4. A Unit MemberB. The Employer agrees to give a week’s seniority shall cease and his/her employee status shall terminate for any notice or a week’s pay in lieu of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine week’s notice to full time employees with six (96) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of and three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within days’ notice or three (3) consecutive work days upon expiration days’ pay to part time employees with twelve (12) months’ service who are laid off due to lack of vacation, leave of absence or any renewal thereof unless work. All employees like­ wise shall give a week’s notice prior approval to intended resignation. It is mutually agreed that after termination notice has been granted given by Rutgerseither party, no new request for sick benefits shall be I) granted. Where W \ C. Employees laid off due to the Unit Member has a justifiable reason for failure store closing or reductiofiVA.'V* of employment shall be laid off"by ordcf'O f 't'ne most recent hired and shall be rehired in the reversed order of the layoff, 7 ’C ^Zrl with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to report back go beyond the seniorityj^p??-}' areas in the case of full time layoffs in distressed areas. H ow y*« v, ever, Employer will decide what store to work on timetransfer the employee ’ \ to. There shall be no bumping by seniority. TI— — 1. Full time employees to be laid off shall have option o6 f( s y part time employment, approval will and shall be placed at the top of the 1. This Agreement shall not be unreasonably withheld. 5construed as restricting paart time seniority list, or may take a complete layoff. In the event They • sales representative from inspecting any and all merchandise of layoffhis respective company for spoilage or replacement, the following nor shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities it apply to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that initial special displays unless they have the requisite qualifications and ability a tendency to perform the work availablebecome constant or too often. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1Section 7.1. All The hiring of new employees is vested in the College. New employees shall be considered as probationary employees for the first 120 until they have actually worked three (3) calendar days of months, performing work associated with their employmentclassification. This probationary period may be extended without concurrence of IAFF Local 5082 for an such longer periods as the College and the Union may agree upon up to one (1) additional 30 dayscalendar month. During the probationary period, upon notice to IAFF. Probationary employees shall have no seniority status and may be disciplined laid off or terminated at any time for any reason whatsoever at in the sole discretion of Rutgers and the College, except the College may not terminate employment to evade this Agreement or discriminate against an employee for any unlawful reason. When employees have completed the aforementioned probationary period, they shall not have seniority beginning with their last full-time hiring date. Section 7.2. The College shall post a list of employees arranged in order of their seniority. This list shall be posted in a conspicuous position at the place of employment. The Union shall be entitled to utilize a seniority list every three (3) months upon request. The Employer shall post a seniority list at least once every twelve (12) months and shall maintain a seniority roster at the provisions workplace. Section 7.3. Whenever it may become necessary for the College to lay off an employee or employees from the working force, the principle of seniority by job classification, as stated in Appendix A, and ability shall govern provided that the senior employee(s) retained has the ability to satisfactorily perform the work and can work the schedule required. Subject to ability, probationary employees in the department affected shall be laid off first, then regular part-time employees and then employees with seniority in order of their departmental seniority. Ability to handle the work shall be determined by the College. In order to be considered able to handle the work, an employee must be able to satisfactorily perform all of the Grievance Procedure set forth duties required for the job. Prior to any general lay off, the bargaining committee will be called in Article 7 and consulted. Any employee having seniority who shall be laid off and who is able to do the work in her/his classification may assert her/his seniority and displace such employee in her/his classification who has less seniority, or if there is no junior employee in her/his classification, s/he may exercise her/his seniority to displace the least senior employee in the department provided s/he has the ability to satisfactorily perform all the work required of this Agreementthe position. If there is no junior employee in the department as defined above, s/he may exercise her/his seniority to displace the least senior employee in the bargaining unit provided s/he has the ability to satisfactorily perform all the work required of the position. Section 7.4. An employee shall lose her/his seniority if: 1. S/he resigns, quits or retires. 2. Seniority S/he is discharged for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedjust cause. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and hisS/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure he fails to report for work for a period of three two (32) consecutive scheduled working work days without subsequent notification to Rutgers of a justifiable excuse for such absence;notifying the College. f. Failure 4. S/he fails to report back for work and return to work when recalled to work after she/he has been laid off from work. Notice of recall shall be given by the College either in person or by certified mail, which notice shall specify the date and hour to report for work which shall not be less than five (5) work days after the notice of recall has been given in person or has been mailed. The employee must respond to such notice within three (3) consecutive work days upon expiration after notification in person or after delivery of vacationthe notice of recall whether or not he/she will report to work at the time requested. The employee shall then report to work at the time specified in the notice of recall, or earlier if mutually agreed to between the College and the employee, or later if mutually agreed to between the College and the Union. In the event the employee fails to comply with the procedures specified herein, he/she shall lose all seniority rights under this Agreement. 5. S/he accepts any regular employment while on leave of absence, unless he/she has first obtained the permission of the College. 6. S/he fails to report to work and return to work following the conclusion of an approved leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event approved extensions of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work availablesuch leave. 7. A Unit Member who is promoted or permanently transferred to a job or position S/he has not covered by this Agreement shall retain and accumulate his/her seniority as provided performed any work for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position College within the bargaining unit comparable to the one which he/she held at the time of his/her promotion or transfer.for twelve

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees Section 1 Seniority shall be considered as probationary employees for by classification from the first 120 calendar days date of their status appointment. Employee’s regular working schedules will determine holiday employment. This probationary period may Seniority shall continue to accrue in all lower classifications in the promotional line in which the employee has been granted a status appointment. Seniority shall also prevail in regard to layoffs. Seniority shall be extended without concurrence a factor in considering approval for vacation period(s). Service shall be defined as total length of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever service at the sole discretion of Rutgers University. Section 2 Seniority lists in the collective bargaining classifications covered by this Agreement shall be revised where applicable but no less than quarterly, by the University and they a copy shall be furnished the Union. Section 3 Other factors being equal, seniority shall be the determining factor in promotion within a promotional line for applicants who have qualified themselves by passing a promotional examination. This shall not be entitled subject to utilize the provisions of the Grievance Procedure set forth in Article 7 grievance or arbitration procedure of this Agreement. A. The bargaining unit employees, within their classification, shall be given the opportunity to exercise their seniority as to job location, hours of work and days off, no less than three (3) times each year. The following procedure shall be followed in implementing this Section: 1. The three bid meetings referenced above will be held approximate to the months of December, May, and August. The Employer shall post every job within the bargaining unit. Such posting shall include job location, days off and hours of work. These bid meetings will be open to all bargaining unit employees not subject to layoff, to select positions regardless of funding source. 2. Seniority Five (5) working days prior to the bid meetings, the Physical Plant and University Union shall make available to the employees in the classification a bid notice. This notice shall contain date and time of postings, date of bid meeting, job location, days off and hours of work. All bid notices and bid meetings shall be supervised by the Physical Plant. A local Union Representative, designated by the local Union President, shall be given the opportunity to be present at all bid meetings. Bidding shall be done by electronic mail for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedUnion Night Supervisors. 3. The Office of Labor Relations shall maintain When temporary layoff periods occur an open bid meeting for all available positions will be held. Employees may request a seniority list of Unit Members, a copy of which shall voluntary layoff any time after the layoff notice is posted and up to their turn at the bid meeting. Voluntary layoffs may not be furnished rescinded. ▇▇▇▇▇▇ notices will be posted no later than four (4) weeks prior to the IAFF-5082. The Office of Labor Relations also shall furnish layoff period and the bid meeting will be held no later and fifteen (15) days prior to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listlayoff period. 4. A Unit Member’s seniority shall cease and An employee who is unable to attend a bid meeting may submit written bids for any position of his/her choice. If an employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff desires consideration for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall position that is vacant at a bid meeting, he/she intends must indicate in order of preference this in a letter of intent to accept such offer of reemploymentbid. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work All bid letters shall be sent by Rutgers by certified mail, return receipt requested, given to a Union officer or ▇▇▇▇▇▇▇ prior to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period time of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldbidding. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to When an employee arrives at a job or position not covered by this Agreement shall retain and accumulate bid meeting after his/her seniority name has been called and the bidding has gone on to employees of lesser seniority, the senior employee shall be allowed to bid on remaining positions, as provided for soon as the bid in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held process at the time of his/her promotion arrival is completed. B. When the Employer determines to fill vacancies or transfernew jobs, those jobs shall be filled following standard vacancy procedures. Probationary employees may be assigned to varying shifts and days off for training purposes. 1. Employees returning from leaves of absence shall be placed in available vacancies or displace the least senior employee, in their classification, but shall be eligible for the next succeeding bid meeting. 2. Employees who are on a medical or disability leave will be allowed to bid at a regular bid meeting provided they have a return to work slip indicating the date of return which coincides with or precedes the scheduled beginning date of the bid position, signed by a physician or other professional medical practitioner. Employees who return from such leaves shall be placed in a float position, on the same shift and days off they occupied prior to the leave, if such return occurs within six (6) months and between regular bid meetings. In determining the appropriate shift and days off, the controlling factor shall be the preceding and most recent August or December bid meeting at which the employee successfully bid. D. For the purpose of this Section, job location shall be defined as the same general work area which shall include building and floor designation, but may also designate floating positions. E. Past practice relative to the utilization of the employees in other work locations, which cannot reasonably be performed by employees in float positions, shall continue and be subject to the significant operational needs of the University. During an investigation by the Office of Equal Opportunity and Access, the employer may make temporary area changes. The Employer may make permanent area changes when there has been a recommendation or finding from the Office of Equal Opportunity and Access. The employee shall maintain their shift per their seniority bid rights. In the event an employee is subject to a permanent area change as referenced above, the employee shall lose the right to bid back to the building they were changed from for a period of twenty-four (24) months. All other permanent area changes and permanent shift changes shall not be made between bid meetings unless the parties mutually agree otherwise.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 1. All employees shall be considered as An employee subject to this Agreement will acquire seniority after the completion of a probationary employees for period of one hundred eighty (180) calendar days, retroactive to the first 120 calendar days day of their employmentservice. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they The entire ISRR shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementconstitute a single seniority district. 2. Seniority The Carrier shall maintain two “official” seniority rosters, one for Mechanical Department employees and one for Maintenance of Way employees. The seniority rosters shall be as set forth in Attachment E. The Carrier shall post the purpose rosters on bulletin boards at the facilities of the Carrier where such employees are based, or at other locations as may be agreed upon. The “official” rosters shall be updated annually on the anniversary of the effective date of this article Agreement. A protest of seniority acquired since the preceding year’s roster must be filed within 60 calendar days of posting, or it shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreementbarred. In the event employees have the same seniority date, their respective seniority shall Typographic errors made from a prior roster may be determined by their respective date of commencement of employment corrected at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedany time. 3. The Office of Labor Relations shall maintain a seniority list of Unit MembersSeniority will control in determining vacation request and furloughs, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listrecalls, and assignments. 4. A Unit Member’s The Carrier shall post for the exercise of seniority shall cease all jobs, their starting time, place to report, and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemploymentrest days. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work Job postings shall be sent by Rutgers by certified mail, return receipt requested, open to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure exercise of seniority (subject to report for work qualification) for a period of three (3) consecutive scheduled working days without subsequent notification 7 calendar days, and the job will be awarded to Rutgers the most senior qualified employee in the craft bidding within 48 hours of the close of bids. For the MOW ▇▇▇▇▇▇▇ position, an applicant must have 1 year of experience, have completed a justifiable excuse for such absence; f. Failure track inspection course, be able to report back demonstrate the ability to work within three (3) consecutive work days upon expiration perform the required competencies listed in the Track Inspector’s Qualification Train Outline, and pass the G&W employee-in-charge written test, with a minimum score of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld85%. 5. In the event Displaced (bumped or loss by job abolishment) employees will be given 48 hours from notification of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities displacement to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of exercise their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position for which they are qualified and by seniority can hold. Employees will not covered be compensated for the time pending exercise of seniority and qualification. If an employee fails to exercise his seniority within 48 hours as defined by this Agreement shall retain section, he will be considered absent without authority and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned subject to work in disciplinary action. Employees who cannot hold a position within the unit comparable to the one which he/she held at the time on account of his/her promotion seniority or transferqualification will be considered furloughed.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. Section 1 Seniority, as used herein, is defined as continuous time in rank and classification (Law Enforcement/Corrections), while employed by MCSO, which entitles members to certain considerations and preferences as provided for in this Agreement. Seniority shall accumulate during approved absence due to illness, injury, vacation leave and military leave. Employees on other authorized leave shall maintain the seniority they had when their leave commenced. Any re-hired bargaining unit member hired under this section will be considered a new hire in regards to probationary and seniority purposes. Bargaining unit members who terminate service with MCSO and are rehired within a one (1) year period, shall be returned to duty at the same pay grade they held prior to terminating employment. However, any bargaining unit member of the rank of Sergeant who terminates employment and is rehired within a one (1) year period shall be rehired at the highest deputy sheriff pay-grade for which they could qualify. Section 2 Bargaining unit members with the same classification date shall have their seniority determined by their date of application with MCSO. If the date of hire and application are the same for bargaining unit members, then seniority will be determined by alphabetical order using the employees’ last name as listed on their application. Seniority shall apply in the following matters: A. Vacation selection for each calendar year. Selections will be made in rounds, and employees shall select one (1) vacation period consisting of up to fourteen (14) contiguous days each round. All employees bargaining members will submit their vacation preferences prior to November 30 and the new vacation schedule will be completed by December 31. Additional vacation selections will be scheduled on a first come first serve basis. B. Unless operational needs dictate to the contrary, seniority shall govern in filling shift vacancies within a member’s current assignment. C. Shift assignments shall be considered as probationary employees for based on seniority bidding, unless operation necessity dictates otherwise. All bargaining members will submit their shift preference prior to October 15, and the new shifts will be determined by November 15. The new shifts will become effective the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFFshift immediately following the January payroll cut off. Probationary employees who are assigned to an FTO will be ineligible for shift bidding. Shift bidding will include the option to bid Days/Evenings or Midnights. ▇. ▇▇▇▇▇▇▇ shall be made in accordance with Article 10 of this agreement. For the purposes of layoffs, seniority is the total length of continuous sworn service in the MCSO computed from the date of last hire in a sworn position. However, members who do not have seniority in their current classification may be disciplined or terminated at any time for any reason whatsoever at subject to reassignment to another sworn position within the sole discretion of Rutgers and they Sheriff’s Office based on seniority. E. Employees shall not be entitled to utilize the provisions of the Grievance Procedure set forth recalled from lay off in accordance with Article 7 10 of this Agreement. 2. Seniority for the purpose of this article F. All vacant or newly created Sergeant positions shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedposted. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days(a) In cases where performance, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers ability, and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementqualifications are approximately equal, seniority shall be calculated from each unit member’s original date 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 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 employment with the University on the date the Agreement was ratifiedor part-time employees who ask to be considered for casual or temporary assignments, such as a leave replacement. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9c) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of a proposed layoff of any employee, the Employer will give the Union thirty (30) calendar days’ notice. At the meeting where notice to the Union is given, the Employer will provide the reasons causing the layoff, the following expected duration of the layoff, and the names of the employees affected by the layoff. The notice of layoff to the employee shall apply: Where one or more be in accordance with the Employment Standards Act. A copy of 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 made on the basis of the 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 same title performing the same functional tasks in the same work unit are being reverse order to which they were laid off, layoff shall be implemented in reverse order of seniorityprovided, provided the senior employees has the requisite qualifications and abilities however, they are qualified to perform do the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work job openings then available. 75.2 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) For all provisions of this Agreement, seniority shall commence and accumulate from the nurse’s last date of hire by the Employer. A nurse’s seniority date shall not pre-date their hire date for the purposes of job posting, vacation selection, and layoff. Nurses will be grandparented at their current seniority date effective as at September 21, 2017. (b) A seniority list showing each nurse’s name and professional category shall be posted by February 1st of each year. At the time of posting, a copy shall also be forwarded to the Bargaining Unit Member who President or their designate. The seniority list may include probationary employees for information purposes only. Seniority date for all nurses is promoted calculated on the basis of straight time hours paid. (c) A nurse’s full seniority and service shall be retained by the nurse in the event that the nurse is transferred from full-time to part-time or permanently transferred casual hourly-rated and the nurse shall receive credit for their full seniority and service on the basis of fifteen hundred (1500) hours service. A nurse whose status is changed from casual hourly-rated to a job part-time or position not covered by this Agreement full-time, or part-time to full- time, as may be the case, shall retain receive credit for their full seniority and accumulate his/her seniority as provided for in this Agreement for a period 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 pro rated at the time of transfer. (d) 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 their name shall be placed on the seniority list, and their seniority shall date from the date of the promotion or transfer, during which period of time the Unit Member their employment. Probation may be returned to work in a position within extended by mutual agreement of the unit comparable to Union and the one which he/she held at the time of his/her promotion or transferEmployer.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees 14.01 Employees shall be considered as probationary employees for the their first 120 ninety (90) calendar days of their employment. This ; however, the probationary period may shall be extended without concurrence of IAFF Local 5082 for an additional 30 days, up to thirty (30) calendar days upon notice to IAFFwritten approval from the Union. Probationary employees do not have seniority. The Union agrees that the Employer may be disciplined discipline or terminated at any time discharge a probationary employee, as the Employer in its sole and absolute discretion may deem necessary. The probationary employee shall have no right to lodge a grievance for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions terminating or discipline. Upon completion of the Grievance Procedure set forth in Article 7 probationary period, an employee will become a member of this Agreementthe permanent work force of the Employer and will be credited with seniority back to that employee's date of hire. The Union will not question the lay off or dismissal of any probationary employee, nor shall such lay off or dismissal be the subject of a grievance. 2. 14.02 Seniority for the purpose of this article shall be based upon an employee’s continuous length of service employee in the negotiations unit covered by Union is defined as that employee's employment with the AgreementEmployer since the employee's last date of hire. In Where two or more employees in the event employees Union have the same seniority datelast date of hire, their respective seniority shall be determined by their respective date alphabetically, from the employee’s last name at time of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedhire. 3. 14.03 The Office of Labor Relations Employer shall maintain prepare a seniority list list, quarterly of Unit Memberseach calendar year, showing each employee's name, and seniority date and provide a copy of which to Unit Chair and to Union Office and also posted. Seniority list shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listinclude department and job title. 4(a) All jobs will be posted. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine This posting will be posted within three (93) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar working days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification days. General Labour postings will be limited to Rutgers of a justifiable excuse for such absence; f. Failure two (2) postings only to report back to work prevent the domino effect. The job will be awarded within three (3) working days. The notice shall set out a job description, classification, wage rate, and start finish time. If this is not done, the employee will be paid the new rate after ten (10) days. During the three (3) days of posting the Company may temporarily fill the job as it deems proper. Employees in the following positions: Employees in Class 3 and above positions will have a trial period of up to thirty (30) working days to enable management to determine whether the employee will be able to perform in that job to the Company’s quality and quantity standards. An employee who is eligible for any job other than those listed in the previous sentence may be allowed a trial period of up to fifteen (15) consecutive work working days upon expiration in the relevant job to enable management to determine whether the employee will be able to perform in that job to the Company’s quality, and quantity standards. Should the trial period continue after fifteen (15) days, the employee will receive the rate of vacationpay for the job. The Company will provide a qualified trainer for the trial period. If such employee does not qualify after the trial period, leave they shall forthwith be returned to their original job. The Company will notify the Union of absence or any renewal thereof unless prior approval has been granted by Rutgersthe selected employee at least three (3) days before the job is to be started, if possible. Where The Company will post the Unit Member has name of the successful applicant. It is expressly understood that no successful job applicant pursuant to Article 14.04 (a) may bid on another job posting for a justifiable reason for failure to report back to work on time, approval period of one hundred and eighty (180) consecutive calendar days after the closing date of the original job posting. The successful applicant who declines the job will not be unreasonably withheldentitled to apply for a job for ninety (90) calendar days. If the employee performs the work without further training, they will be paid the proper rate. All postings to be delivered to and signed by the Chief ▇▇▇▇▇▇▇ or Chairperson. (b) In case of job posting in the work force the following factors will be considered: (i) reliability; (ii) capability; (iii) seniority. If (i) and (ii) are reasonable, the senior employee will be given the opportunity to qualify for the job. An employee cannot be held back for more than ten (10) days after they have been awarded a job unless the employee, Union and Company agree. (c) Any vacancy which is the result of sickness, accident, or leave of absence, and which is known to be more than thirty (30) days, will be posted as a temporary job. The posting will be granted to the bidder with the skill and competence to perform the job and with the highest departmental seniority. Temporary postings will be limited to two (2) postings only to prevent the domino effect. (d) The employee transferred to a lower rated classification shall maintain the regular rate of pay. An employee transferred to a higher rated job shall be paid the rate on the higher rated job for the period of the transfer. 14.05 Employees promoted to a Company (defined as ▇▇▇▇▇▇ Plant) position outside of the bargaining unit covered by this Agreement will retain all of their seniority for a period of one hundred and twenty (120) days following the date of their promotion. Employees who were promoted to a Company position and return to the bargaining unit within the one hundred and twenty (120) day period, will return to an open position within the facility. If the employee returns to a lower rated job, their rate of pay shall not be reduced for a period of twelve (12) months from the date the employee accepts a Company position. If an employee posts for a new job during that period, they will be paid the rate of the new job. The Company will continue to post Lead Hand positions as per the current practice. (1) When positions are to be filled the Union will receive a copy of the posting notice. (2) Interested employees will have five (5) working days to post for the position. (3) Applicants will be selected in accordance with Article 14.04 (b). (4) The successful applicant will have a ninety (90) day trial period. The Operations’ Lead Hand’s responsibilities will be as follows: (1) ensure continual even flow of product throughout the process as directed by the Supervisor or the product plan given. (2) ensure packages, materials and supplies are available as required. (3) ensure raw material shortages and non-conformances on raw materials are communicated to the Supervisor. (4) notify the Supervisor of any potential or actual down-time. (5) notify the Supervisor of any unsafe conditions. (6) ensure product specification are communicated and understood. (7) fill in on line as required. (8) assist in the training of employees as required. (9) ensure any possible product fill rates are communicated to the Supervisor. 14.06 An employee shall lose all seniority and service rights if: (a) an employee voluntarily quits; (b) an employee is discharged for just cause and is not reinstated under the provisions of the Grievance and Arbitration procedure of this Agreement. (c) a person on lay off fails to return to work within ten (10) days after the Company's notice of recall is sent by registered mail or telegram to the last known address of the person shown on the Company's records, or if the person within two (2) working days after such notice of recall is received, fails to notify the Company of their intention to return to work; (d) an employee is laid off for a period in excess of two (2) years; (e) if an employee absents himself from work for three (3) consecutive working days without a justifiable reason; (f) if an employee fails to return to work properly after the expiration of any leave granted to him, unless he is excused from doing so by the Employer. 14.07 It is the employee's responsibility to ensure that the employee's home address and home telephone number on the Employer's records are current at all times. If the employee fails to do this in writing, the Employer will not be responsible for its inability to notify the employee of recall or with respect to any other obligation of the Employer to notify the employee under this Agreement. 14.08 In the event of a layoff, the following shall apply: Where one or more selection of employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff affected thereby shall be implemented in based upon the reverse order of seniority, provided subject to the senior employees has the requisite qualifications and abilities employee being able to perform the work available, other than teaching duties. 6job. Unit Members Employees shall be recalled to work from layoff in order of their seniority seniority, provided that they have the requisite qualifications senior employee has the skill and ability to perform the work availableability. 7. A Unit Member who (a) When as a direct result of the introduction of new equipment, or a job is promoted or permanently discontinued and the incumbent is transferred to a lower rated job or position according to their seniority, their rate shall not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement be reduced for a period of one twelve (112) year from months. When they post for a new job during that period, they will be paid the date rate of that new job. (b) If a position is discontinued in the promotion first twelve (12) months; the incumbent will be allowed the opportunity to post into a new position or transfer, during which period of time return to their previous position. If the Unit Member may incumbent returns to their previous position and that position has been filled that employee will be returned allowed the opportunity to work post in a new position within the unit comparable or return to the one which he/she held at the time of his/her promotion or transfertheir previous position.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. Section 1. All employees Classification Seniority under this Agreement shall be defined as length of continuous service by work classification on a regular assignment. Company Seniority under this Agreement shall be defined as length of continuous service from the date of hire. Section 2. The Company shall establish available work shifts, days off and vacation periods. Classification Seniority shall be considered as probationary employees for in the first 120 calendar selection of work shifts, days off, reduction and restoration of their employmentthe working force. This probationary period may Company Seniority shall be extended without concurrence considered in the selection of IAFF Local 5082 for an additional 30 daysvacation periods, upon notice to IAFFamount of vacation and sick leave. Section 3. Probationary employees may be disciplined or terminated at assigned to any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementshift. 2Section 4. Classification and Company Seniority for the purpose of this article lists shall be based upon an employee’s continuous length of service in the negotiations unit covered prepared by the Agreement. In the event employees have the same seniority date, their respective seniority Company and shall be determined by their respective date posted January 1st of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority each year and shall be determined by alphabetical order of their last namesrevised each six (6) months thereafter. For purposes of this initial agreement, seniority Such lists shall be calculated from each unit member’s original date subject to correction upon protest and clarification, but if no complaint is made within fifteen (IS) days of full-time employment with posting, the University on the date the Agreement was ratifiedlist published will be assumed to be correct. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. Section 5. In the event case of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff seniority by classification shall be implemented followed with due consideration for the efficiencies and special needs of the operation In case of the restoration of the working force, seniority by classification shall be followed with due consideration for the efficiencies and special needs of the operation The ▇▇▇▇▇▇▇ shall be the last employee in reverse order of seniority, his classification laid off provided the senior employees he has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work availableremaining work. 7Section 6. A Unit Member who is promoted or permanently transferred to a job or position not Employees covered by this Agreement shall retain lose their seniority status and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year their names shall be removed from the seniority lists under the following conditions: A. The employee quits or resigns. B. The employee is discharged for cause. C. The employee is laid off and not re-employed within six (6) months. D. The employee has been laid off for less than six (6) months and the employee does not return to the service on or before a date specified in a Registered Mail letter from the Company mailed to the employee's last known address offering such employee reemployment, which date shall not be prior to five (5) days after mailing such notice, provided, however, that this paragraph D shall not apply to offers of the promotion temporary work. E. An employee, while on a leave of absence, accepts another job, applies for unemployment compensation, or transfergoes into business for himself, during which period of time the Unit Member may his employment and all seniority rights will automatically be returned terminated, F. The employee fails to return to work in a position within the unit comparable to the one which he/she held at the time expiration of his/her promotion either a medical or transferpersonal leave of absence. G. Absence from work for three (3) days or longer without notice.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the The purpose of this article shall be based upon an employee’s continuous seniority is to provide a policy governing preference, layoffs, and recalls. Company seniority means the length of continuous service in the negotiations unit covered by bargaining unit, since the Agreementemployee’s last hiring. Group seniority of an Employee means the duration of continuous service in the Employee's current Group at the Branch. The following Groups are recognized for the purposes of Group Seniority (a) Driver Clerical Messenger Owner Operator Casual Employees will have Group seniority only for the purposes of Clause The Company will issue and post a seniority list in each Branch showing position held, Company, Branch, and Group seniority for Employees at the Branch or Depot. The list will be renewed every four (4) months with copies to the Shop Stewards and Local Chairperson. For purposes of Group and Branch Seniority, the two Branches located in Edmonton and in be considered one (1) Branch in each of the respective cities. Under the following conditions an Employee shall have the right to exercise Group seniority to any position within their Group to which Group seniority will entitle them in their Branch: when hours of work are reduced, when start or times are changed one and one half hours or more except where a split shift is involved where the is changed one hour or more. In the event employees have a case of personal hardship can be substantiated the same employee may by mutual agreement between the Company and the Union, exercise their seniority daterights for a shift schedule change greater than (15) Casual workers will not ▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇, their respective Branch, or Group seniority except for the purposes of Clause (a) Casuals shall be determined employed to relieve in positions occupied by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of regular full-time employment with and part-time Employees or during overload or peak periods of work subject to item below. Without limiting the University on foregoing, the date may call casual workers to relieve positions normally occupied by regular or part-time Employees who are absent work for any reason. Casuals will be utilized to work outside of scheduled work periods and during overload or peak periods of activity, but shall not be used to circumvent the Agreement was ratified. 3hiring of regular full-time or part-time Employees. Clauses and are applicable to casual workers. The Office of Labor Relations shall maintain a seniority list of Unit Membersabove conditions include but are not limited to: vacation relief, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacationsick leave relief weekly indemnity), leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to education, maternity, compassionate, work on time, approval will that cannot be unreasonably withheld. 5made part of an existing position except as provided in Clause (a). In the event Casual work shall be posted as a regular part-time or full-time position when of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.applies:

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. Section 17.1 Seniority is defined as the employee's continuous length of service from the last date of hire into the bargaining unit, and shall be applied as specifically set forth in other provisions of this Agreement. (a) Employees shall be divided into two separate lists, which shall initially be fixed and agreed upon by the parties as of the date of this Agreement, and the lists shall be on a seniority basis. The separate lists shall contain the following classifications: 1. Regular Full-Time Employees 2. Part-time Employees Street Maintenance and Utility Worker (b) For purposes of this Article, a part-time employee is defined as an employee who has a letter of part-time designation, has passed a physical and is employed on a schedule of less than thirty-two (32) hours in a week. (c) Employees shall have seniority credit and shall accumulate seniority on either the full-time or part-time list. Transfer from either list to the other shall extinguish the accumulated seniority and commence a new date or hire, except as provided in Section 18.2 (d) There shall be seniority among part-time employees for purposes of layoff and recall. Section 17.2 All new full-time employees shall be considered as probationary employees for the first 120 calendar days six (6) months of their employment. This probationary , during which period they may be extended discharged, laid off, or transferred by the Employer without concurrence of IAFF Local 5082 for an additional 30 days, upon notice regard to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of this Agreement. The Employer reserves the Grievance Procedure set forth in Article 7 right to extend probation up to an additional six (6) months to further evaluate the employee. Benefits that are not available upon the first day of employment will begin upon the completion of 6 months of probation. Section 17.3 The Employer shall maintain such seniority lists, including names, date of hire, and current classification, and it shall be submitted to the Union upon execution of this Agreement. This list shall be updated on an as-needed basis (i.e. new hires, terminations, resignations, retirements etc.) and submitted to the Union. 2. Seniority Section 17.4 The Chief ▇▇▇▇▇▇▇ and all Stewards by their seniority shall head the seniority list for purposes of layoff and recall only, provided they are able to perform the purpose work. Section 17.5 The employment and seniority of this article an employee shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate terminated for any one or more of the following reasons: a. Resignation or retirement(a) Quit; b. (b) Discharge for just cause; c. Continuous layoff for a period exceeding nine (9c) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work at the termination of a leave of absence or an approved extension thereof; (d) Failure to report for work following a period layoff, subject to the provisions of Article XVIII; (e) Failure to report for work without notice for three (3) consecutive scheduled working days without subsequent notification workdays. An employee shall notify the Employer prior to Rutgers the start of a justifiable excuse the shift, where possible, giving reason for such absencethe absence and expected date of return to work; f. Failure (f) On layoff from full-time employment for twenty-four (24) months or the length of his seniority, whichever is less. Section 17.6 An employee who has been or is transferred by the Employer to a position outside the bargaining unit shall retain seniority up to the date of his transfer, but not accumulate seniority thereafter. Should he subsequently be returned by the Employer to the bargaining unit within six (6) months, he shall be reinstated to his retained seniority. Section 17.7 Part-time may be terminated after refusal to report back to for work within on three (3) separate consecutive work days upon expiration call-ins without an excuse. This includes failure to respond to calls for Section 17.8 The Union shall receive notice of vacationall bargaining unit personnel hired, terminated, laid off or placed on an extended leave of absence or any renewal thereof unless prior approval has been granted by Rutgerswithout pay. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff Such notification shall be implemented given in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutieswriting within five (5) working days. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees (a) In all cases of transfer or promotion, the following factors shall be considered as probationary employees considered: i) skill, ability, experience and qualifications; ii) seniority. Where the criteria of factor (i) are relatively equal, factor (ii) shall govern. Any applicant refused a position may ask for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 reason for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementsuch refusal. 2. Seniority for (b) For the purpose of this article shall layoffs and recalls, seniority will be based upon an employee’s continuous length of service considered separately for Public Health Nurses, Registered Nurses in the negotiations unit covered by the AgreementPublic Health Program. In the event employees have that a reduction of the same seniority datenurse force is required within a classification, their respective seniority the Board agrees to lay off, subject to seniority, part-time nurses before full-time nurses and the last to be employed will be the first to be laid off. When recalling nurses after layoff within a classification, those last to be laid off will be the first to be recalled. The Board agrees to inform the Association of the names of all nurses so laid off or recalled. (c) In the event a nurse is displaced as a result of the closure of an office, it shall be determined treated as a layoff. The affected nurse may exercise her seniority rights under Article 6.1 (b) and Article 6.3 (b) shall not apply. (d) In the event of a pending layoff of a permanent or long term nature, the employer will: i) provide the union with sixty-five (65) calendar days’ notice of layoff; ii) meet with the Local Association’s negotiation team and the Labour Relations Officer for discussions regarding impending layoffs; and, iii) provide no less than sixty (60) calendar days’ notice of layoff to the individual nurse(s), which may run concurrently with the notice to the Union. (e) All part-time and full-time nurses represented by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority Union who are on layoff will be given a job opportunity in the full-time and part-time categories before any new nurse is hired into either category. (f) Full-time and part-time layoff and recall rights shall be determined by alphabetical order separate. (g) Any agreement between the Employer and the Union concerning the method of their last names. For purposes implementation of layoffs will take precedence over the terms of this initial agreementArticle. (a) Subject to 6.2 (d), seniority shall be calculated commence and accumulate from each unit member’s original date of full-time employment with the University on the date on which a nurse was employed by the Agreement was ratifiedEmployer. 3. The Office of Labor Relations shall maintain (b) i) Seniority is to be retained and accumulated when a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of nurse is absent from work under the following reasons: a. Resignation circumstances: - injury or retirement; b. Discharge illness covered by WSIB up to one (1) year; - illness for cause; c. Continuous layoff for a period exceeding nine up to twelve (912) consecutive months; d. Failure ; - approved leave of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work absence without pay for a period of three (3) consecutive scheduled working days without subsequent notification up to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date month; - paid leave of the promotion or transfer, during which period absence; - Pregnancy and parental leave up to eighteen (18) months; - education leave to a maximum of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfersix (6) consecutive months.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. (A) Seniority Principle. Seniority shall prevail in that the Employer recognizes the general principle that senior employees shall have preference to choose their shifts. Seniority does not give an employee the right to choose a specific unit, run, trip, load or assignment. All shifts shall be posted for thirty days for general bid within thirty (30) days from the execution of this Agreement and on the first day of each September thereafter. The new Job bids will become effective within thirty (30) days from posting but not later than the above dates. The Company may post up to three (3) additional general bids each year at its option. These bids will be posted from Monday to Friday on which day bids will be announced and will become effective on the second Sunday thereafter. Employees bidding on such shifts must be duly qualified to perform such work including the meeting of any requirements established by law, such as a class A or B unrestricted Commercial driver’s License with HAZMAT and Air Brakes endorsements. The Company will post full-time vacation replacement bids in conjunction with the general bid up to a maximum of ten (10%) percent of the work force per terminal. Those employees bidding such shifts shall be notified on a weekly basis of the available shifts, for the following week, which shifts shall be awarded by seniority. When a driver is taken off the roster because of retirement, death, job termination, and when any new hire completes thirty (30) days of employment, then a vacancy will be posted for bid. This vacancy will be posted on the bulletin board from Monday through Thursday and bids submitted within this period. The senior Driver/Dockworker bidding will be awarded the vacancy on Friday to fill the vacancy beginning the following Monday. Employees that are out due to vacation, sickness, disability or on compensation* may place their bid over the telephone. The position left vacant by the successful bidder will be filled by the least senior qualified Driver/Dockworker or a Floater until the next general bid. Employees shall be placed on the seniority list as of first date of hire as a bargaining unit employee. No employee can have seniority with more than one Employer. Seniority rights for employees shall prevail. For new employees, on the effective date of this agreement, seniority will be established by a list to be furnished by the Union The Company will have no monetary liability for seniority grievances other than for failure to honor seniority as reflected by such list. For new employees hired after the effective date of this Agreement, seniority shall be measured by length of service with the Employer as a bargaining unit employee. Any Driver/▇▇▇▇▇▇▇ who is out on compensation or disability will have his position and starting time secured for up to sixty (60) months. Overtime will be offered by seniority. Early starts and holdovers will be offered by seniority on the oncoming shift or shift at work as the case may be. (B) Seniority Rank and Posting: 1. All Within thirty (30) days after signing of this Agreement the Employer shall post in a conspicuous place at the Employer's terminal, a listing of employees arranged according to their seniority. Claims for correction to such lists must be made to the Employer within ten (10) days after posting and after such time the lists will be regarded as correct. Any controversy over the seniority standing of any employee on such lists if raised within such ten (10) day period shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice submitted to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of as established by this Agreement. 2(C) Loss of Seniority 1. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasonsbroken only by: a. Resignation a) Discharge b) Voluntary quits c) No work or retirement; b. Discharge for cause; c. Continuous layoff for more than five (5 years) d) Failure to respond to a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3e) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, Unauthorized leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.absence

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1The Employer agrees to the seniority principle. All employees Seniority shall be considered as probationary established for each employee and shall consist of the total calendar time elapsed since the date of his/her employment. Seniority rights terminate upon discharge or quitting. Employees who leave the bargaining unit to accept another position with the City of Oshkosh which is outside the bargaining unit and, within one year of leaving the bargaining unit, return to a position in the bargaining unit, shall retain all accumulated seniority earned in the bargaining unit, shall not earn seniority for time spent outside the bargaining unit, and shall start from zero seniority in his/her division and department. A seniority list shall be posted in each department section, listing the seniority of the employees for in each section. In the event two or more employees have the same start date, the seniority order shall be established by a random drawing of names, with the first 120 calendar days person drawn having the most seniority and so on. The drawing shall occur within the first two weeks of their employment. This probationary period may be extended without concurrence In the event of IAFF Local 5082 for an additional 30 dayslack of work or lack of funds, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at within the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article affected classification shall be based upon an employee’s continuous laid off in inverse order to their length of service in the negotiations unit covered bargaining unit. The affected employee may exercise his/her seniority by displacing (bumping) an employee with less seniority in an equal or lower classification if he/she meets the Agreementqualifications of that position. In The affected employee may bump into a higher classification provided that he/she has successfully filled such position previously with the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at RutgersCity. If employees continue an employee affected by ▇▇▇▇▇▇ chooses to have exercise his/her seniority as described in the same seniority datepreceding paragraph, their respective seniority shall the following procedure must be determined by alphabetical order of their last namesfollowed: 1. For purposes of The affected employee must bump into a position within his/her division; if this initial agreementis not possible, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified.then 2. The affected employee must bump into a position within his/her department; if this is not possible, then 3. The Office affected employee shall be laid off. Regular, full-time employees shall not be subject to layoff until all part-time, temporary and probationary employees in the section involved are first laid-off. If a lay-off under consideration is to be reduction-in-force lay-off, the Employer shall give the Union 60 days’ notice on full time positions. Employees on lay-off status shall be given 24 hours’ notice of Labor Relations recall for temporary employment without losing the right to permanent recall. Any employee not recalled from lay-off shall maintain be entitled to pay from the date any other person was hired in his stead. Any employee recalled on a seniority list permanent recall shall have the right to return to duty status within the period of Unit Membersnotice required by his then employer. If any employee fails to return to his/her job upon being recalled, a copy his employment shall be terminated. Notice of which such permanent recall and/or terms of employment shall be furnished to the IAFF-5082Union. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work Employees shall be sent by Rutgers by certified mail, return receipt requested, subject to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report recall for work for a period of three eighteen (318) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year months from the date of the promotion or transfer, during which period most recent lay-off. Employees on continuous lay-off in excess of time the Unit Member may eighteen (18) months shall be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferconsidered terminated.

Appears in 1 contract

Sources: Working Conditions Agreement

SENIORITY. ‌ 1a) When it becomes necessary to reduce the working force due to lack of work or layoffs, employees will be laid off by Company seniority within a classification. All employees shall Five (5) work days notice will be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at given any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service man thus affected (provided he has been in the negotiations unit covered by the Agreement. In the event employees have the same seniority dateCompany's employ at least six (6) consecutive months) before reduction is made, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall and lists will be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listUnion. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9b) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work Recall shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of senioritylayoff. When an employee is laid off, provided he shall remain on the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided list for in this Agreement for a period of one (1) year from the date of layoff for reemployment purposes only. The company will notify the promotion or transfer, during employee by mail. The employee five (5) days within which period to notify the Company of time his return to work with the Unit Member may Company. Failure to notify the within five (5) days shall be deemed to be a refusal to work and will release the Company from any obligation to rehire the employee. The Union will be furnished a list of men to be returned to service. Whenever there shall be a layoff for lack of work, the Shop ▇▇▇▇▇▇▇ shall be the last one laid off. Seniority in the Company's service shall govern shifts in hours of work if men of equal qualifications are available for the changes the company desires to make, and the Shop ▇▇▇▇▇▇▇ shall be considered the top man on the seniority list. c) When an opening occurs, the Company will either post a notice in a position the branch or district concerned or inform the Shop ▇▇▇▇▇▇▇ two weeks before filling the opening, and the employee with the longest seniority within the unit comparable needed classification, as provided above shall fill the opening. If the Shop ▇▇▇▇▇▇▇ fails to provide such an applicant to the Employer within two (2) weeks after notification of the opening, the Employer has the right to fill the opening. During the two (2) week notification period, the employer may fill the opening on a temporary basis. Once an employee has filled an opening as above, he cannot for twelve (12) months thereafter again apply for another opening. d) On each contract anniversary date (12/1), employees’ may exercise their seniority by classification for shift bids within their location. e) The Company will comply with all laws regarding mandatory retirement. f) When one which he/she held Employer acquires or purchases control of the business of another Employer within the jurisdictional area of the Union, the employees of the Employer so acquired or purchased shall be placed at the time bottom of his/her promotion the acquiring or transferpurchasing Employer's seniority roster in order of their original seniority. Full seniority with the former Employer will be honored for vacation purposes only. The Employer and the Union agree to negotiate on other outstanding items not herein covered.

Appears in 1 contract

Sources: Labor Agreement

SENIORITY. ‌ 1The Company the principle of seniority. All employees Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, layoffs and recalls after layoffs. The present seniority list frozen as of July and in future date of hire shall be the basis of calculating seniority. An employee who is on leave of absence on Union business shall accrue seniority while on such leave of absence. An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding eleven months. Employment of any new employee shall be considered as probationary employees for until he has worked thirty days within a six month period. Thereafter Article shall apply, and the first 120 calendar employee shall be credited with thirty days of their employmentaccrued seniority. This probationary period may Subject to the memorandum of understanding senior- ity will be extended without concurrence 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 IAFF Local 5082 for an additional 30 days, upon notice to IAFFseasonal a thereof. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions each of the Grievance Procedure set forth affected will be to his and transfer to a for which he is that having Section advance n o t i c e accordance with he advises the Company, prior to the effective date of the advance notice and in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall writing on forms to be based upon an employee’s continuous length of service in the negotiations unit covered supplied by the Agreement. In the event employees have the same seniority dateCompany, their respective seniority shall of his desire to transfer to be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3laid off. The Office of Labor Relations shall maintain Company will provide the Union Grievance Committee, prior to the intended layoff, with a seniority list of Unit Membersjobs 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 camps for more than week, otherwise the camp will be the unit of application of seniority on seasonal layoffs. change to a copy lower job classification, the employee retain the rate of which his previous job classification. determining the rate of pay for pieceworkers transferred to day work, the rate specified the ▇▇▇▇▇▇-▇▇▇▇▇▇, Tree Length Skidding shall be furnished to apply, or the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies rate of the monthly reports reflecting changes job classifi- cation whichever is higher. Employees accepting a job posting shall remain in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff that for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period minimum of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year months from the date he filled the job vacancy unless being displaced from that job because of the promotion lay-off or transferbumping procedure. The Company, during which period of time the Unit Member may be returned to work in a position when filling vacancies, will do so from within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.in accordance with Article

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days(a) In cases where performance, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers ability and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementqualifications are approximately equal, seniority shall be calculated from each unit member’s original date of full-time employment the deciding factor when decisions are made with the University on the date the Agreement was ratifiedregard to posted opportunities, promotion and transfer. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9b) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of a proposed layoff of any permanent full time or regular part time employee, the Employer will give the Union thirty (30) calendar days’ notice when possible. At the meeting where notice to the Union is given, the Employer will provide the reasons causing the layoff, the expected duration of the layoff, the names of the employees affected by the layoff and the services which will be provided following the layoff. The notice of layoff to the employee shall apply: Where one or more be in accordance with the Employment Standards Act. A copy of the notice to the affected employees in will be sent to the same title performing President of the same functional tasks in Bargaining unit and to the same Labour Relations Officer. (c) A layoff of employees shall be made on the basis of seniority provided that the employees who are entitled to remain on the basis of seniority are qualified to do the work unit are being which is available. (d) For the first two (2) months of layoff, the Employer agrees to pay the full cost of Group Life, O.H.I.P., Semi-Private and dental coverage premiums for any employee who is laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees employee has the requisite qualifications and abilities to perform the work available, other than teaching dutiesnot found alternate employment. 6. Unit Members (e) Employees shall be recalled to work from layoff positions in the bargaining unit in the reverse order of their seniority layoff, provided that they have the requisite qualifications and ability employee is qualified to perform the available work. The Employer will not hire any new employee to fill a vacancy within the bargaining unit when there is an employee on layoff who is qualified to do the work which is available. 7. A Unit Member who is promoted 5.2 In the event that the Employer shall merge, amalgamate or permanently transferred combine any of its operations or functions, the Employer will use its best efforts to a job or position not covered by ensure retention of all seniority rights of its employees with the successor employer. (a) For all provisions of this Agreement Agreement, seniority shall retain commence and accumulate his/from the date on which an employee was first employed by the Employer. (b) A seniority list showing each employee’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 her designate. Seniority for full-time employees will be from date of hire and seniority for part-time employees and casual hourly-rated employees will appear on the basis of hours paid. An employee’s full seniority and service shall be retained by the employee in the event that the employee is transferred from full-time to part-time or casual hourly-rated or vice versa. An employee whose status is changed from full-time to part-time or casual hourly-rated shall receive credit for her full seniority and service on the basis of fifteen hundred (1500) hours service. An employee whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full-time, as provided may be the case, shall receive credit for in this Agreement for a period 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 pro rated at the time of transfer. (c) A new employee hired for a permanent position shall be considered a probationary employee until the employee has completed one hundred and twenty continuous (120) calendar days of service, part time and casual employees shall be considered a probationary employee until the employee has worked five hundred and sixty (560) hours or nine months which ever is the lesser after which the employee’s name shall be placed on the seniority list, and the employee’s seniority shall date from the date of the promotion or transfer, during which her employment. This period of time the Unit Member may be returned extended up to another three (3) months or for part-time and casual another four hundred and fifty-five (455) hours with the approval of the Employer, the Union, and the employee involved. (a) Prior to filling any permanent vacant position covered by this Agreement, the Executive Director or designate shall post notice of the position on bulletin boards in the locations where bargaining unit members are employed, for a minimum of five (5) working days, in order that all staff will know that the position is open and be able to make written application to the Executive Director or designate. The posted notice of position shall indicate the position and the work team for that position. Float staff may complement any of the work teams. (b) A permanent position is considered vacant for the purpose of posting if it is a new position or if it has become vacant by reason of the resignation, promotion, retirement, dismissal or death of the incumbent. A position does not become vacant for the purposes of posting because a Case Manager or Placement Co-ordinator has been reassigned. The subsequent vacancies that result from the initial posting need not to be posted. Resulting vacancies shall be offered to applicants from the initial posting in accordance with Article 5.1 (a), 5.4 (e). Employees applying for another posted position either by application or under Article 5.4(e) within five (5) months from the date they commenced work in a their present position within the unit comparable to the one which he/she held need not be considered for such position. Consideration will be at the time employer’s discretion but a special request by an employee will not be unreasonably denied. (c) i) Notices for temporary coverage for illness, leave of his/her promotion or transferabsence, replacement opportunities and temporary term positions, that exceed eight (8) weeks but are less than six (6) calendar months shall be posted and only casual employees shall be considered as per Article 5.1 (a).

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous The length of service of the employee in the negotiations bargaining unit covered by shall determine the Agreementseniority of the employee. The principle of seniority shall govern and control in all cases of promotion within the bargaining unit, transfer, or increase of the working force, as well as preference in work assignments and choice of vacation period. In the event employees case of a reduction in force the EMPLOYER shall have the right to determine the department and classification of the bargaining unit to be reduced. The EMPLOYER shall notify the employee or employees within thirty (30) days prior to the date of the actual date for layoffs so that the employee or employees shall have adequate time to bump. The EMPLOYER agrees to target the employee or employees with the least amount of bargaining seniority. The affected employee or employees shall have the right to bump the junior employee or employees in the same seniority date, their respective seniority classification first no matter in which department they work. The affected employee or employees shall then be allowed to bump down to the junior employee or employees in the next lowest classification so long as they are senior and qualified. This bumping shall continue until the junior employee or employees are laid off. Any employee who bumps shall receive the pay of the position of the bumped employee. Any employee who chooses not to bump or is the last affected employee shall be determined placed on the recall list. The recall list shall be by their respective date seniority. Employees shall be on the recall list for two (2) years and one day from the day of commencement of employment at Rutgerslayoff. If Current employees continue to shall have the same seniority date, their respective seniority right to fill vacancies before employees are called on the recall list. Employees on the recall list shall be determined notified by alphabetical order of certified mail to their last namesknown address of a position that they are qualified to fill. For purposes of this initial agreement, seniority Employees shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University EMPLOYER in writing within one (1) week, (7 days) of receiving notice whether they accept or decline the position. If they decline they shall be removed from the recall list. If they accept the position they shall have up to three (3) weeks to fill position from the date they accept. If an employee does not respond within the seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An day period in writing, then the employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to removed from the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgerslist. Where Employees hired off the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff recall list shall be implemented in reverse order entitled to bridge their previous time worked for purposes of senioritybenefits and seniority except pay. This paragraph shall not take effect until July 1, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties1996. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All 12.1 Current employees shall be considered ranked in order of seniority based on their date of hire with the Society. New hires post ratification shall accumulate seniority based on their date of hire into this bargaining unit upon successful completion of probation. At such time, the Union shall place After Hours Workers on the seniority list which will rank employees by decreasing order of seniority. 12.2 Seniority dates shall only be amended as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the required in other provisions of this agreement or by law. Seniority is used to establish protection from layoff and recall rights. For the Grievance Procedure set forth in Article 7 purposes of this Agreement. 2. Seniority for , years of service means the purpose of this article shall be based upon an employee’s continuous length accumulated years of service in the negotiations employ of the Society since the last date of hire. “Years of service” is used to calculate entitlement to earned benefits of employment. Service shall be deemed to accrue in the following circumstances only: 1. while actually at work for the Society 2. while on pregnancy / parental / adoption leave 3. while on modified work or accommodation (prorated to time worked) 4. while on an approved leave of absence pursuant to an entitlement under the Employment Standards Act (ESA) or Workplace Safety and Insurance Act (WSIA). 5. while on authorized union paid leaves (a) The Union shall provide the updated seniority list to the Employer on January 15th and July 15th. The Employer will post the seniority list on the Employer’s intranet site. (b) If any bargaining unit covered by employee does not challenge the AgreementUnion on the position of their name on the Seniority List within ten (10) working weekdays from the date the list is posted, provided they are at work when the list is posted, they shall be deemed to be ranked properly. In the event employees have the same employee is not at work, they must object to their seniority dateto the Union within ten (10) working days from the date of their return to work. (c) At any time during working hours, their respective up-to-date seniority information shall be determined available to the Employer or their representative, upon reasonable application to the Union President or Union President’s elected designate. (d) An employee who is absent from work or on an approved leave of absence for any reason for sixty (60) continuous calendar days will not accumulate seniority for any period after the first sixty (60) calendar days except as permitted under the collective agreement or required by their respective date of commencement of employment at Rutgers. If employees law. (e) The employee will continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s that they had before the absence plus seniority shall cease and his/her employee status shall terminate for any of accumulated over the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine first sixty (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (760) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval but will not be unreasonably withheldaccumulate any further seniority (unless they are on an authorized unpaid medical leave) until the employee returns to work. 5(f) The seniority list will show a column for amended seniority dates to accurately reflect the non-accumulation. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of Fifty-two (52) weeks will equal one (1) year from of seniority for the date purposes of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferthis amendment.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 1. All employees Seniority shall be considered defined as probationary employees for length of service in position (i.e. sergeant) with the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this AgreementVILLAGE Police Department. 2. Seniority will govern the employees’ selection of vacation schedules and overtime, provided the Police Chief has the final authority to determine the placement of personnel for extraordinary operational reasons and the purpose Chief’s decision in that regard is not grievable. When the Police Chief over-rides a request based on seniority, the Chief shall inform the requesting party in writing of this article shall be based upon an employeethe basis of the Chief’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifieddecision. 3. The Office When the Department requires overtime work to fill an immediate vacancy (less than 48 hours’ notice), the overtime assignment shall first be offered to an employee who is already on duty. If no employee on duty is able or qualified to work the overtime assignment, off duty personnel will be called, with seniority as the main factor for offering and assigning the overtime position. However, the Village may consider other factors to ensure timely assignment of Labor Relations shall maintain a the position, including availability and employee response time. In cases of advance assignment of overtime, such as advance calendar month assignment, seniority list will be the main factor for consideration, for the first (1) selection by the most senior member. Thereafter, following assignment of Unit Members, a copy of which shall be furnished one (1) shift to the IAFF-5082most senior member (if that most senior member signs up for an overtime shift), the assigning supervisor will attempt to give every other member at least one (1) overtime shift based on his/her selections, if possible. After everyone has received at least one (1) shift, if possible based on selections, preference will return to the most senior member. The Office Parties recognize that for reasons of Labor Relations also shall furnish operational necessity, seniority may not be the only factor involved. However, if seniority does not govern, the reasons regarding operational necessity will be provided to the IAFF-5082 copies of affected employee when requested by the monthly reports reflecting changes in the seniority listemployee. 4. A Unit MemberScheduled overtime shall be distributed to all qualified employees who wish to participate on the overtime wheel. If an employee refuses the employee’s seniority shall cease turn on the wheel, the employee will be charged as if the employee had worked and his/her employee status shall terminate for any will go to the bottom of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemploymentovertime eligibility list. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall With each opportunity to work shall be sent by Rutgers by certified mailovertime, return receipt requested, to only one employee may pass on the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back opportunity to work within three (3) consecutive work days upon expiration of vacationthe overtime assignment. When an employee passes, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back next employee on the list may be ordered to work on time, approval will not be unreasonably withheldthe overtime assignment. 5. Where a promotional opportunity shall occur and two or more employees are under consideration, the Police Chief shall give due consideration to seniority and qualifications. 6. In the event of a layoff, an employee may displace the employee with lesser seniority in a lower classification, provided the more senior employee has prior service in the lower classification and that the following shall apply: Where one or more factors are substantially equal: A. Sufficient ability and qualifications to perform the work, based on the employee’s personnel records. B. Performance evaluation. C. Physical condition and job attitude, as based on written evidence. 7. In the event of substantial inequality of the above factors, as between employees in the same title performing classification and department, the same functional tasks employee with the higher values of factors A, B, and C in the same work unit are aggregate, shall be retained. 8. An employee shall be recalled in inverse order of layoff. An employee’s right to recall ends after one year of being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 69. Unit Members An employee shall be recalled to work from layoff in order of lose their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to as a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date result of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.following: A. Termination

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees 17.1 Seniority shall be considered determined by the amount of time a Police Officer is a member of this bargaining unit. An Officer’s status under Civil Service is not applicable. 17.2 A leave of absence will not constitute a break in service unless said leave extends beyond the granted time. 17.3 If a break in service is voluntary and not a leave of absence or layoff, the party wishing to return to service would start as probationary employees a new employee at the bottom of the seniority list. 17.4 Working shifts shall be by seniority with the senior Officer picking first and so on down the roster. Each year, ten (10) days prior to the second Monday of January, shifts shall be posted and open for bid. 17.5 If an Officer decides to waive seniority, he/she shall sign a waiver to this effect. Said waiver will remain in effect for the first 120 calendar days duration of their employmentthe existing contract. Said waiver will be null and void if a vacancy by reason of death, resignation, or any unforeseen circumstance occurs. 17.6 If a shift opening occurs during the year, such shift shall be posted and be open for bid for a period of ten (10) days. The Police Chief or his/her designee shall post this shift bidding notice in the office of the Winchendon Police Department. The senior Officer shall pick first. The process shall continue through the current roster until the shift is filled. 17.7 This probationary period may seniority clause shall include all full-time Police Officers except the Chief/Lieutenant. 17.8 Sergeants Shifts— Working shifts for sergeants shall be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may designated as follows: The fourth sergeant shift shall be disciplined or terminated at any time for any reason whatsoever scheduled at the sole discretion of Rutgers and they town’s discretion. No two sergeants shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2work together as their regular scheduled shift. Seniority Working shifts for the purpose of this article sergeants shall be based upon an employeepicked by seniority. Sergeant’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferin grade as sergeant.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 18.1 There shall be two types of seniority within the Company, namely Divisional seniority and Company seniority. It is agreed that there are two divisions within the Company, namely the Heavy division and Shop division. There shall be a seniority list for each of these divisions and another seniority list for the Company. 118.2 The Heavy Division shall consist of four Subdivisions, Heavy Haul, Light Heavy Haul, Semi & Escort. All Heavy Haul includes all drivers who haul oversize loads, including but not limited to Scheuerle, Aspens, Tank Trailers, Steering Dollies, and 4-axle tractor float moves. Light Heavy haul includes all drivers who haul legal float moves, operate steering dollies and the tank trailers. Semi drivers include those who haul semi loads or tilt n loads. Escort drivers are employees who escort oversized loads. Drivers in the Heavy Haul Subdivision will have a higher seniority for the purposes of call in than Drivers in the Light Heavy Haul Subdivision. Drivers in the Light Heavy Haul Subdivision will have a higher seniority for the purposes of call in than Drivers in the Semi Subdivision. Drivers in the Semi Subdivision will have a higher seniority for the purposes of call in than drivers in the Escort Subdivision. Drivers in the Heavy Haul, Light Heavy Haul & Semi Subdivisions are not allowed to bump Escort Division employees on days when they are on call unless they have greater Company seniority. They will be paid the bumped Escort Drivers Rate. This will only be allowed if skill and ability is not an issue. The four subdivisions will only be used to determine how many drivers are needed on a given day. Once the number of drivers for a given day is determined the Company seniority will be used for the Daily Dispatch. 18.3 The Company seniority commences the first day of hire and is used for length of vacation and severance purposes. 18.4 An employee's Company seniority date remains unchanged for as long as the employee is retained on the active or inactive payroll of the Company, regardless of any moves which they may make between jobs, shifts, locations, or division. 18.5 Divisional seniority is accumulated from the date of regular employment within the division and shall be used in the event of layoffs and recall, for job bidding purposes and choosing vacation. Regular employment commences on the date of hire for a new employee or on the date an employee notifies the company and the Union, in writing, that they wish to switch divisions on a permanent basis. 18.6 An employee's Divisional seniority date will remain unchanged for as long as the employee is retained on the active or inactive payroll of the Company regardless of any moves which they make between jobs or shifts within the division. Any employee that switches or transfers from one division to another shall be placed at the bottom of their new Divisional seniority list and shall maintain their status with respect to the Company seniority list. 18.7 Notwithstanding 18.5, in the event of the Company deciding to close the operation of a division, an employee shall have the right to have his divisional seniority transferred to a division where they have the skills and the ability to perform the work. 18.8 Employees shall be considered as probationary employees for until placed on the first 120 calendar days of their employmentseniority list. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they Such employee shall not be entitled to utilize work under the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2Agreement and shall be employed on a probationary basis for forty-five (45) working days or Seventy-five (75) calendar days, whichever comes first, during which period they may be terminated without recourse to the grievance procedure, unless the termination is contrary to the Human Rights Act or other relevant legislation. Seniority The Company may not terminate such employee for the purpose of this article forcing an additional probationary period. Upon completion of the 45th working day or 75th calendar day, the employee shall be based upon an employee’s continuous length placed on the regular Company and Divisional seniority lists as of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If their probationary period. 18.9 The appointment or selection of employees continue for supervisory positions or any position not subject to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes provisions of this initial Agreement is not covered by this agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University but if any employee on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list is so transferred or appointed and later is transferred back to a position which is governed by this Agreement, then such employee shall retain all accumulated seniority if they return within twelve (12) months of Unit Members, a copy accepting the position outside of which the bargaining unit. Employees shall be furnished allowed to leave the IAFF-5082. The Office of Labor Relations also shall furnish to bargaining unit once during the IAFF-5082 copies life of the monthly reports reflecting changes in the seniority listcollective agreement. 4. A Unit Member’s 18.10 An employee shall lose all seniority shall cease and his/her employee status shall terminate for any of the following reasonsservice rights if: a. Resignation or retirement(a) an employee voluntarily quits; b. Discharge (b) if the employee is discharged for causejust cause and not reinstated through the grievance procedure; c. Continuous layoff for a period exceeding nine (9c) months; d. Failure of if the recalled Unit Member employee fails to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall report to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification an acceptable reason. (The onus is on the employee to Rutgers of a justifiable excuse for such absencemake contact with the Company); f. Failure (d) if a laid-off employee fails to report back return to work after recall within two (2) working days from notification requiring him/her to return to work or fails to advise the Company within the aforesaid two (2) days of their intention to work within three five (35) consecutive work working days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has without a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld.reasonable cause; 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement (e) if for a period of one twenty four (124) year from consecutive months, the date employee does not perform any work for the company unless on Workers Compensation; (f) if an employee fails to return to work immediately after the expiration of the promotion any leave granted to him/her, without a reasonable cause; or (g) if they retire or transferis retired; 18.11 If an employee is terminated or resigns either party shall have a forty-eight hour cooling off period, during which period time they may revoke the termination or resignation and be reinstated to their previous job with their previous seniority. LAYOFF AND RECALL 18.12 a) It shall be the duty of time the Unit Member may employee or laid-off person to notify the Company promptly, in writing, of any change of address and telephone number. If an employee or laid-off person fails to do this, the Company will not be returned responsible for failure of a notice to work in a position within the unit comparable to the one which he/she held at the time of hisreach him/her promotion and any notice sent by the Company's personnel department shall conclusively be deemed to have been received by the employee or transferlaid-off person seven (7) days after the date it is mailed.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1Section 7.1 The purpose of seniority is to provide a policy governing work preference, layoffs, and recalls. All employees It is agreed that an Associate’s seniority date shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice date such Associate was assigned to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize Penske account in Chatham by a temporary help agency (first day worked in the provisions of the Grievance Procedure set forth in Article 7 of this AgreementTPE Program). 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. A. In the event employees have of a layoff or recall, the same Company shall recognize the seniority date, their respective seniority of the employee as the governing factor. The Company shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have provide adequate training. Section 7.3 A Seniority List containing the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original name and starting date of full-time employment with employees will be prepared and posted in the University warehouse on the date bulletin board with sufficient copies for Stewards and Business Agents. Section 7.4 Employees shall be considered probationary until they have completed seven hundred and fifty (750) working hrs of employment at which time they shall be placed on the Seniority List in accordance with their starting dates from the first day worked. Section 7.5 Probationary employees will work under the operational provisions of this Agreement during their probationary period, and they may be terminated or disciplined without recourse to the Grievance Procedure. Upon completion of the employee's probationary period, all conditions of the Agreement was ratifiedwill then apply, including the applicable Health and Welfare provisions. 3Section 7.6 Part-time employees may be employed to replace regular full-time employees who are absent from work for any reason or to supplement the regular full-time work force. Part-time employees shall receive an hourly rate of pay that is $2.00 less than the appropriate full-time starting rate of pay set out in this Agreement but part-time employees are not otherwise covered by the terms of this Agreement. For the period, May 1st through September 30th of each year of this agreement, the following provision will apply: in the event the Company requests the services of temporary/part time employees then the children of existing employees will be given preference providing they can qualify for employment and their work is satisfactory according to Company requirements. The Office of Labor Relations Company shall maintain a seniority call list of Unit Members, a copy the children of which employees who qualify for temporary/part time employment as specified above. The list shall contain the children’s names in order of hire date. Children of employees will be offered work opportunities in said order. Section 7.7 Employment shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate terminated for any of the following reasons: a. Resignation or retirementA. If an employee voluntarily quits; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An B. If an employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, discharged and not reinstated pursuant to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority Grievance Procedure as provided for in this Agreement for Agreement. 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 by the Company. When the employee cannot be contacted personally, or is employed elsewhere, then the Company will notify him by registered mail, to his last known address, to return to work. He will then be given a period maximum of one seven (17) year consecutive days from the date of the promotion or transfer, during which notification to report for duty; D. If an employee is absent from work without securing a leave of absence for more than three consecutive (3) working days; E. If an employee is laid off and not recalled for a period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.extending beyond twelve (12)

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. Section 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article Agreement shall be based upon an employee’s calcu­ lated by continuous length of service in from the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective last date of commencement of employment at Rutgers(except otherwise provided). If Seniority list for all full time Grocery Department employees continue to have the same seniority dateand a separate list for all part time Grocery Department em­ ployees, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain also a seniority list of Unit Members, for all full time Meat Department employees and a copy of which separate list for all part time Meat Department employees shall be set up by the Employer and shall be furnished to the IAFF-5082Union upon request. Seniority areas governing this Agreement are outlined in Schedule D at­ tached hereto and made a part hereof and apply to employees hired prior to November 7,1986 in Baltimore or April 21,1987 on the Eastern Shore. In connection with layoffs and store closings, seniority will first apply to store, then geographic area. In connection with layoffs and store closings, seniority by classifica­ tion will apply first to store then seniority area. When a full time employee is involuntarily reduced to part time, he shall continue to accrue seniority as though he was still full time. When a full time employee voluntarily reduces himself in writing, his part time seniority is dated from the original date of hire. Employees laid off due to store closings or reduction in employment shall be laid off as follows: A. The least senior full time employee in the job classification being reduced shall be laid off from his store. The Office of Labor Relations also full time employee so laid off shall furnish have the right to displace the IAFF-5082 copies least senior employee of the monthly reports reflecting changes in same job classification within the seniority listarea If there is no junior full time employee of the same job classification within the seniority area, any full time employee so laid off shall then have the right to displace the least senior part time employee of the samejob classification within the appropriate seniority area, provided they can perform the available work. 4B. In recalling employees laid off and in placing employees who were reduced to part time back on full time, the ordinary rules of se­ niority shall prevail except as otherwise provided in this Agree­ ment. A Unit Member’s seniority In recalls from layoff, the Employer shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers employ­ ee by certified mail. C. Employees bumping as a result of layoffs, will be afforded the op­ portunity to return receipt requested, to their original store before a permanent em­ ployee of the Unit Membersame job classification is hired in said store. Section 2. The Employer agrees to give a week’s last known address as shown on Rutgers personnel records; e. Failure notice or a week’s pay in lieu of a week’s notice to report for work for a period of full time employees with six (6) months service and three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within notice or three (3) consecutive work days upon expiration pay to part time em­ ployees with twelve (12) months service who are laid off due to lack of vacation, leave of absence or any renewal thereof unless work. All employees likewise shall give a week’s notice prior approval to intend­ ed resignation. It is mutually agreed that after termination notice has been granted given by Rutgers. Where the Unit Member has a justifiable reason either party, no new request for failure to report back to work on time, approval will not sick benefits shall be unreasonably withheld▇▇▇▇▇­ ▇▇. 5Section 3. In Employees laid off due to the event store closing or reduction of layoff, employment shall be laid off by order of the following most recent hired and shall apply: Where one or more employees be rehired in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of the layoff, with due consideration given to job classification. Employees laid off and subsequently recalled with­ in twelve (12) months will retain former seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. A. All employees hired into the unit shall be considered as probationary employees for the first 120 serve a minimum of ninety (90) calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated with at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine least sixty (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (760) calendar days of receipt probation served on days students are in attendance. A newly hired probationary employee shall not accrue seniority until the completion of notification the probationary period, but then shall accrue seniority from the date of recall that hehire. Employees transferring from one job classification to another job classification shall be subject to a sixty (60) calendar day trial period. Employees transferring within the same job classification to a different level (i.e.- elementary, middle school, high school) shall be subject to a thirty (30) calendar day trial period. During this trial period the employee shall have the opportunity to revert back to his/she intends her former assignment. If the employer deems the employee is not performing sufficiently in the new position, the employer has the right to accept such offer return the employee to his/her former position. The employer shall be entitled during this interval to fill the transferring employee's former assignment with a temporary employee. B. Seniority shall be defined as the length of reemployment. An employee accepting such an offer of reemployment must return to active continuous service within fourteen the bargaining unit within a classification. Accumulation of seniority shall begin on the employee's most recent date of hire and continue until termination of employment. Transfer, promotions, demotions, leaves of absence and/or layoff (14unless an employee fails to comply with the recall provisions as stated elsewhere in this Agreement) calendar days shall not constitute an interruption in continuous service. Unpaid leaves will cause adjustment to the seniority date by the amount of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work unpaid leave time. C. A seniority list shall be sent prepared and maintained by Rutgers by certified mail, return receipt requested, the district. Employees shall be listed in order of seniority. Accompanying the name of each employee shall be a listing of the employee's current job classification. Said seniority list shall be presented to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure Association annually at the beginning of the school year for review. Corrections shall be brought to report for work for a period the attention of three the administration within thirty (330) consecutive scheduled working days without subsequent notification to Rutgers thereafter by the employee and/or the association. In the absence of a justifiable excuse for such absence; f. Failure timely objection, the employer's seniority list will be considered conclusive and not subject to report back to work within three (3) consecutive work days upon expiration the grievance process. Ranking of vacation, leave Employees who assume their duties on the same day shall be done in order of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5highest last four digits of the Employees' social security numbers. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order ties which develop as a result of loss of seniority, provided ranking shall be determined by giving the highest seniority ranking to the Employee who was senior employees has according to the requisite qualifications and abilities to perform the work available, other than teaching dutiesprevious seniority list. 6. Unit Members D. Seniority shall be recalled lost by an employee upon termination, resignation, retirement, or the failure to work return from a leave or layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for elsewhere stipulated in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferAgreement.

Appears in 1 contract

Sources: Master Agreement

SENIORITY. Section 8.1 It is agreed that seniority for employees in the classifications of Terminal Technician and Administrative Assistant at the Indianapolis Terminal shall be established on the basis of the employee’s credited service date (Company seniority) by location. Location seniority for the above classifications is established on the basis of most recent employment in or transferred to their present location at the Indianapolis Terminal. Location shall mean Terminal Operations and Clerical group. 1(a) Promotions, demotions, and transfers within the classifications of employees covered by this Agreement will be made on the basis of ability of an employee to best meet all the requirements of the job. (b) In making such promotions, demotions, and transfers consideration shall be given by the Company to experience as reflected by last regular assignment, departmental and Company service in the order specified, provided, however, that the Company shall be the sole judge of the ability of any applicant to fill the position. (c) When an opening occurs within the classifications of employees covered by this agreement, due to either a vacancy in an existing job or the establishment of a new job, an announcement of the vacancy shall be placed on the Company bulletin board at least forty-eight (48) hours before filling the vacancy. All A supervisor designated by management shall discuss with any applicants for the job the functions, duties, and other details concerning the job, as well as the qualifications which a person would need in order to satisfactorily fill the job. Whenever practical, present employees shall be considered as probationary employees given due consideration for such openings, provided, however, that the first 120 calendar days Company shall be the sole judge of their employment. This probationary period may be extended without concurrence the ability of IAFF Local 5082 for the applicant to fill a position. (d) It is understood that in making such promotions, demotions, transfers involving the moving of an additional 30 days, upon notice employee from one city to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever another at the sole discretion employee’s request, the expense of Rutgers moving shall be borne by the employee. (e) In laying off clerical employees, considerations shall be given in the order named to ability and they shall not be entitled to utilize seniority. When the provisions ability of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementis substantially equal, seniority shall be calculated the governing factor. Returns from each unit member’s original date layoff will be in the reverse order of full-time employment with the University laying off. (f) Layoffs of operating employees will be made on the date the Agreement was ratified. 3basis of seniority within each classification. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes It is understood and agreed that in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoffa layoff in the Terminal Technician classification, the following employee displaced shall apply: Where one or more employees be entitled to exercise their terminal seniority to displace a younger employee in the same title performing the same functional tasks point of terminal service. Returns from layoff will be made in the same work unit are being laid off, layoff shall be implemented in reverse order of senioritylayoff Section 8.3 In arranging vacations, provided the senior employees has the requisite qualifications and abilities to perform the work availablelocation seniority will be given consideration insofar as operations will permit. Section 8.4 Shift selection will be based upon seniority at locations, other than teaching dutiesthose having rotating schedules, on an every-six-month basis, or when a new schedule is inaugurated. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Working Agreement

SENIORITY. (a) Seniority is defined as the last date of hire into a position of the bargaining unit for regular full-time and regular part-time employees. 1(b) Refer to Article 2.05 for regulations governing seniority for term employees. (c) In the event where more than one employee has the same seniority date and seniority needs to be determined, seniority will be determined by lottery. 10.02 The use of seniority is for job bidding, lay-off, recall, and vacation selection purposes. 10.03 The Employer shall maintain a seniority list. All employees An up-to-date seniority list shall be considered sent to the Union and posted on all appropriate bulletin boards in February and September of each year. The seniority list shall include each employee's most recent hire date, seniority date, and service date and classification. 10.04 A newly hired employee on probation shall be entitled to all rights and benefits of this Agreement except for discharge as set out in Article 3.03. After completion of the probationary period, seniority shall date back to the most recent date of hire into the bargaining unit. The probationary period shall be as follows: (a) Regular full-time staff six (6) months from date of hire; (b) Regular part-time staff eight (8) months from date of hire; (c) Casual employees for are covered by Appendix “B” of this Agreement. (d) The manager will provide feedback by the first 120 calendar days midpoint of their employment. This the probation period to the employee and bring forward any performance related issues so that the employee may take corrective action prior to the completion of the probationary period. (e) The probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions three (3) months by mutual consent of the Grievance Procedure set forth Employer and the Union, and in Article 7 such cases the supervisor must meet with the employee to discuss areas for improvement and to establish specific written objectives to improve these deficiencies. Written notification of this Agreementthe extension of the probationary period shall be sent to the employee involved, with a copy to the Union Representative. 2. 10.05 Seniority for the purpose of this article shall be based upon retained but not accumulated when an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated employee is absent from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of work under the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff circumstances: - when an employee is on lay-off for a period exceeding nine of up to two (92) years; - when an employee is on approved leave of absence up to (12) months;. - when an employee is working for the employer outside the bargaining unit in a temporary position. d. Failure 10.06 Seniority shall be lost and employment will be terminated when an employee is absent from work under the following circumstances: - resignation; - retirement; - discharged without reinstatement; - after twenty-four (24) months following expiration of short-term disability benefits, unless examined and reported by a legally qualified physician acceptable to the Employer that the employee will be able to return to work within three (3) months of the recalled Unit Member examination; - after two (2) years on lay-off; - failure to notify return from an approved leave of absence; - failure to contact the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service Employer within fourteen (14) calendar days from the date of such notice mailing of reemployment unless a later date is agreed registered letter advising the employee of a potential recall; - failure to by Rutgers. Written notice of recall report to work on the date agreed upon after accepting a recall offer of employment. 10.07 Seniority shall be sent by Rutgers by certified mail, return receipt requested, to lost under the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work following circumstances: - absence without approved leave for a period of five (5) consecutive working days without a valid reason; - failure to report absence from work on account of illness to his/her immediate supervisor within five (5) consecutive working days; - an employee accepts a permanent transfer or a permanent promotion to a position outside the bargaining unit in excess of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgersmonths. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who - an employee is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a temporary position within outside the bargaining unit comparable to the one which he/she held at the time in excess of his/her promotion or transfereighteen (18) months.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1The principles of seniority shall apply in the respective departments for the members under this Agreement in promotions, lay-off and re- employment under a reasonable length of time. All It is agreed that applicants from paper machine crews to Oiler or Beater Engineer Helper bulletins will retain normal seniority in the line of progression on paper machines as well as the bulletined job until they reach permanent fourth hand status. At that point in time the employees must decide as to which line of progression they wish to follow, paper machines or the bulletined job. If a permanent bulletin job becomes available before an employee reaches permanent fourth hand status, the applicant must make decision as to retaining the bulletin at that time. The Company has the right to adjust all or any of its crews as a result of change in process or a change in equipment, and to make such technical and other changes in its manufacturing processes as it deems necessary for efficient operation. In recognition of the impact that such changes may have upon employees and the concern of the parties regarding employees who may be affected, the following will apply: The Company undertakes to advise the Union at least thirty (30) days in advance of such changes which the Company has decided to introduce which will result in significant change in the employment status of employees. The Company agrees to discuss with the Union the effect of such changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effect on employees displaced by such change. Such measures as early retirement, retraining and transfers to other existing jobs will be considered. If a permanent employee with one year’s continuous employment is set back to a lower paid job due to a permanent job elimination under conditions set forth above, rate shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work maintained for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers months from date of a justifiable excuse for such absence; f. Failure to report back to work within setback. For an additional period of three (33)months an adjusted fate will be established midway between previous rate at time of set back and the rate of “home” job for each workweek, which depends upon the operating schedule for each such week: i.e., days, days, days. At the end of the six (6) consecutive work days upon expiration month period the rate of vacation, leave the job to which is assigned will apply. (Interpretation of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff this Section shall be implemented in reverse order of seniority, provided based upon the senior employees following: A permanent employee with one year’s continuous employment is an employee who has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for worked a period of one no less than four (14) year from the date days per week without interruption due to lack of the promotion work, resignation or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferdischarge).

Appears in 1 contract

Sources: Labour Agreement

SENIORITY. FIRST TRANSIT SHALL HONOR SENIORITY DATES AND TENURE FOR ALL INCUMBENT DRIVERS PREVIOUSLY EMPLOYED IN WMATA METROACCESS SERVICE IF THEY ENTER EMPLOYMENT WITH FIRST TRANSIT WMATA METROACCESS NO LATER THAN SEPTEMBER 15, 2013. Section 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite Required qualifications and abilities to perform the work availablebeing equal, other than teaching duties. 6. Unit Members seniority shall be recalled to work from layoff prevail in order the reduction of their seniority forces and the restoration of forces and the restoration of employees, provided that they have the requisite qualifications employee with greater seniority is ready, willing and ability able to perform the work available. 7(a) Seniority preference will prevail for full time employees, and full time employees shall be considered the higher classification. (b) Extra work assignments shall be routinely posted. A Unit Member Full time drivers will be given first opportunity for extra work assignments. Extra work assignments shall be assigned on the basis of rotating seniority of those who sign up for such work. When a full time driver is promoted or permanently transferred projected to work overtime based on his remaining scheduled hours in a job or position week, that driver shall be removed from the extra work assignment list for that particular week. Once a Driver is awarded an extra work assignment, such assignment shall not covered by this Agreement be taken away as long as the Driver is willing and available to perform the assignment. Part timers may sign up for extra shifts along with regular postings but all Full Time Drivers signing up for the same work shall retain have bid seniority over Part Time Drivers extra work assignments. Section 2. The Company will maintain separate seniority lists for full time and accumulate his/her seniority as provided part time employees for each classification at each location. Section 3. The right of any employee to be recalled hereunder, after a previous reduction in this Agreement for the work force, shall expire after a period of one (1) year from the date last day worked, or an amount of time equal to the employee’s accumulated seniority, whichever is less. The Company will notify eligible employees of restoration of the promotion work force by mailing certified mail a notice of such restoration to the employee’s address, which appears on the records of the Company. If an employee fails to inform the Company of his desire to return to work within forty-eight (48) hours after the Company has given the notice provided herein, the Company shall be under no obligation to recall such employee. Section 4. Any employee who has been transferred on a permanent or transfer, temporary basis and remained outside the bargaining unit for more than ninety (90) days shall lose his seniority. Employees transferred out of the bargaining unit on a temporary or permanent basis shall continue to accumulate seniority during which the period of time such temporary assignment. The term “temporary” in this section shall mean up to ninety (90) calendar days. Section 5. The Company will exercise its rights to assign employees specific shifts as required. At least once a year, the Unit Member Company will post a notice of all shifts available and employees shall select the shift they desire on the basis of seniority. Additional shift picks each year may be returned to work in a position within conducted by the unit comparable to the one which he/she held Company at the time of his/her promotion or transferits discretion. Employees may only pick for shifts based on their seniority.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. Upon successful completion of a probationary period of sixty (60) calendar days, seniority will revert to date of hire. An individual employee whose achievement and performance during the sixty (60) day probationary period are, in the opinion of management, marginal or untested may be notified by management that the probationary period will be extended for up to an additional sixty (60) days. The additional sixty (60) day period shall not be used automatically for all new employees. Probationary employees will not be included on the overtime rotation until the end of the probationary period but may be utilized if necessary as determined by the Supervisor. For purpose of this Agreement, classification seniority shall be defined as an employee’s length of continuous full-time service as contained in the designated classifications under this Agreement. Newly hired probationary employee shall not be included as part of the seniority until they have successfully completed the sixty (60) day probationary period. For purposes of determining seniority, all employees shall be placed in one of the following classifications based on their current assignments: 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement.Custodial 2. Seniority for the purpose Grounds 3. Maintenance Section 2: On or before February 1 of this article each year, separate seniority lists as designated by job classifications shall be based upon an employee’s continuous length distributed to employees showing their lengths of service in the negotiations unit covered by District and their classification. Newly hired employees shall not be on the Agreementlist. In A copy of the event employees have the same seniority date, their respective seniority lists shall be determined by their respective provided to the Union semi-annually. Any employee who disagrees with his/her seniority placement shall respond, in writing, to the Superintendent and to the Union representative within ten (10) work days after the effective date of commencement the posting. For the purpose of employment at Rutgers. If employees continue to have wages and benefits, District-wide seniority will prevail. Section 3: Vacancies occurring within a job classification, including newly created positions within the same seniority datebargaining unit, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment posted on a designated bulletin board in the District building along with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished such posting being sent to the IAFF-5082Union ▇▇▇▇▇▇▇. The Office of Labor Relations also shall furnish Every reasonable effort will be made to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of post vacancies at least three (3) consecutive scheduled working days without subsequent notification prior to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. being filled In the event of layoffthat the Superintendent determines it is necessary to fill a position immediately, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff Union shall be implemented so notified in reverse order writing stating the reason for the decision. Such posting shall contain the following information: 1. Job classification 2. Type of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 63. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.Starting date

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 19.1 All new employees covered by this Contract shall be probationary employees until they have been employed sixty (60) working days. All employees Upon completion of such probationary period, seniority shall be retroactive to date of the first day of work in the bargaining unit as a permanent employee; and the employee shall be considered as probationary employees for permanently appointed and placed on the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority seniority list for the purpose of this article collective bargaining Agreement. There shall be based upon an employee’s continuous length no responsibility for the re-employment of service in probationary employees if they are laid off or discharged during this period; however, the negotiations unit covered by employee and the AgreementAssociation shall be given written notice of discharge stating the reason for such discharge. Discharges of probationary employees shall not be subject to the grievance procedure. In the event employees have that more than one individual has the same seniority date, their respective position on the seniority list shall be determined by the last four (4) digits of the employee’s social security number, highest to lowest. 9.2 For the purpose of this provision, all employees shall be placed in one of the following classifications based on their respective current assignments: (a) Mechanic (b) Clerical (c) Instructional Assistant (including CDA Instructional Assistants, Library Paraprofessionals, and RTC Paraprofessionals) (d) Bus Aide Employees who work in more than one (1) classification shall be ineligible for extra work which would create overtime or interfere with the work in the classifications. 9.3 The Employer shall prepare, maintain and post the seniority list. The seniority list shall indicate an employee's seniority in each classification as well as seniority in the bargaining unit. The initial seniority list shall be prepared and posted conspicuously in all buildings of the Employer within thirty (30) calendar days after the effective date of commencement this Agreement, with revisions and updates prepared and posted annually thereafter. A copy of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which and subsequent revisions shall be furnished to the IAFF-5082Association. The Office of Labor Relations also shall furnish Errors, omissions, corrections, and/or deletions in or to the IAFF-5082 copies list as posted shall be brought to the attention of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine administration within thirty (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (730) calendar days of receipt of notification of recall that he/she intends thereafter. 9.4 Seniority shall be lost by an employee upon termination, resignation, retirement, transfer to accept such offer of reemployment. An employee accepting such an offer of reemployment must a non-bargaining unit position, failure to return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of work upon recall to work shall be sent by Rutgers by certified mail, return receipt requested, to from lay-off or at the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers end of a justifiable excuse for such leave of absence; f. Failure to report back to work within , or if absent three (3) consecutive work days upon expiration of vacationwithout notifying the Employer unless there are extreme mitigating circumstances. An employee on layoff will remain on the seniority list for two (2) years. If the employee is not recalled within the two (2) year period, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval name will not be unreasonably withheldremoved from the seniority list. 5. In 9.5 For the event purpose of layoffReduction in Personnel, the following shall apply: Where Layoff and Recall, an employee working in more than one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff classification shall be implemented deemed to be assigned to all classifications in reverse order of seniority, provided which the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutiesemployee is working. 6. Unit Members 9.6 All unit officers, bargaining team members, shall be recalled to work from layoff in order have, by virtue of their Association office, top seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to and respective classifications for the one which he/she held at the time purpose of his/her promotion or transferlayoff and recall.

Appears in 1 contract

Sources: Master Agreement

SENIORITY. ‌ 1Each employee who has completed his/her probationary period and whose work falls within the specified area of Bargaining Unit work shall have seniority standing in the plant. All Preferred seniority status will be granted to Table Officers (maximum of The Union Local for the sole purpose, in the event of a reduction in the work force for ensuring that The Union will have proper representation as long as Bargaining Unit employees are required to continue working. Employees with preferred seniority may be transferred from job to job or department to department when necessary because of reduced operations. In no case shall The Company be under obligation to maintain employment of the preferred employees if they are not capable of performing the work available. The Union will provide to Management in writing the names of the Table Seniority of each employee covered by this Agreement shall be considered established after a probationary period of hours during a six month period and shall count from a date eighty working days prior to the completion of the eightieth working day of the individual’s employment. Employees shall be regarded as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFFuntil they have acquired seniority as above provided. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article seniority rights and shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority datesubject, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requestedwithout recourse, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure termination due to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities inability to perform the work available, other than teaching duties. 6required or for just cause. Unit Members Plant-wide seniority lists shall be recalled posted quarterly in each department. The Local Union President shall receive twelve copies of these lists. All vacancies for positions and newly created positions in the Bargaining Unit as listed in Appendix “A” which must be filled for forty-five calendar days: sixty days for openings resulting from a medical leave, or longer shall be posted for eight hours on the special posting board. Temporary vacancies created as a result of a medical leave will be filled by the most qualified applicant. The qualified applicant will be required to assume the same hours of work from layoff as the employee they are replacing. Employees may make application in order of writing stating their seniority provided that they have the requisite qualifications qualifications, skill and ability to perform the work available. 7function. Employees may qualify as follows: All vacancies for the weekend shift shall be filled by recalling in accordance with seniority, employees who are qualified to perform the work. If there are not enough qualified employees the will be posted. Weekday employees will also be given the opportunity for but will not be forced to accept. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date list of the promotion or transfer, during which period of time the Unit Member may applicants will be returned to work in a position within the unit comparable given to the one which he/she held at the time of his/her promotion or transferunion.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All Seniority of employees under this Agreement shall be considered as probationary employees by work classifica- tion and shall accrue from the date of entering classification. The work classification to be recognized for seniority purposes shall consist of Customer Agents. Except otherwise provided, classification seniority will begin the first 120 calendar days day actually worked in except that the seniority date of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article employee shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on as the date the Agreement was ratified. 3employee is that he or she is awarded an open vacancy. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes probationary period and pay in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of new classificationfor such employees, however, will begin with the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees first day worked in the same title performing the same functional tasks in the same work unit are being laid offnew classifi- cation, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided except that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred transfer to a job or position classification this Agreement from a similar Agent not covered by this Agreement shall retain not be required to undergo a new probationary period under this Agreement. Seniority plus the ability to satisfactorily perform work required for the job in question shall employees covered by this Agreement in preference of work schedules, in case of layoff, in reemployment Seniority lists by classification showing the name, seniority date, and accumulate his/her date of entering the Company's service of each employee covered by this Agreement shall be posted in a convenient place April year and a copy furnished to the designated Local Union representative and the Union System Chairman. When (2) or more employees covered by this Agreement are tied in classification seniority. die greater the Company will be considered senior. Ties not broken by this means will be broken by giving preference to the employee the lower number comprised of the last three digits in his social insurance Seniority lists be amended each April thereafter to incorporate changes additions, and shall be subject to correction upon protest of any omission or incorrect list- ing if is filed under the procedure of Article within thirty days of posting and delivery of said list to the Union; provided, however, that if no such protest is within (30) days from the time the list is posted and delivered to designated Union representative or within thirty (30) days from the an employee's name first on a list posted and Union representative, the date Company service dates on list be deemed correct and shall be to change only by agreement between Union and the Company, except as such adjustment is necessary because of transfer to or part-time status or adjusting seniority as other- wise provided for in this Agreement for Agreement. and such agreed-upon change shall have no retroactive application. Temporary employees will not accrue seniority, nor a period of one (1) year from the date of the promotion given employee be employed to more than hundred fifty-three days, whether consecutive or transfernot, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferany consecutive twelve (12) month period.

Appears in 1 contract

Sources: Calgary Agents’ Agreement

SENIORITY. ‌ 1voluntary quit or discharge for just cause seniority, from work on account of an accident, illness, disease or leave of absence does not break The plant offices seniority list which is posted shall be revised by the Company every three The names of employees commencing employment on the same date shall be entered on such list in alphabetical order. All In the event that a lay-off becomes necessary, the Company will retain at work the employees having the greatest plant offices seniority provided that these employees have the necessary qualifications for the performance of the work available. who are laid off, in accordance with paragraph shall be given a minimum of one week’s notice, unless otherwise required by the Standards Act of Ontario. who are laid off in addition to the notice given under paragraph shall receive two weeks severance pay for each full year of service and a proportional amount for any remaining part year, paid at their current salary. One week’s severance pay shall be based on current monthly salary divided When an employee who has received under this clause is later recalled, (or an employee who has received severance pay under a similar clause from any other plant the Company is hired from another plant of the Company under the provisions of Clause of this within a time interval “shorter than the number of weeks” for which severance pay was granted, amount of excess severance pay paid to employee shall be considered as probationary employees for an advance in pay by the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers Company and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered repayable by the Agreement. payroll deduction, In the event that a lay-off is required, the Company will advise the Union and discuss the reasons prior to the lay-off talking place and prior to the being advised. Company will endeavour to make lay-offs on a Friday, 1 ‘I increasing the work force, laid off employees shall he recalled in accordance with plant offices seniority provided they have the same seniority date, their respective seniority necessary qualifications for the performance of work available. It shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit memberlaid off employee’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member responsibility to notify the University in writing within seven (7) calendar days Company of receipt any change of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldaddress. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 13.01 The parties recognize that Seniority List employees are entitled to an equitable measure of security based upon length of service. Seniority shall apply on a departmental basis. 113.02 An employee will be considered on probation and is not eligible to be placed upon the Seniority List until he has been employed for sixty (60) days worked (days actually worked), computed from the date of hiring. All An employee who has successfully completed the probationary period, is placed upon the Seniority List, and credited with the number of months in which he has worked since his date of hire. 13.03 The Seniority List shall be prepared on a classification basis by the Employer. Full time and part time employees shall be considered as probationary employees for listed separately within the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last namesList. For purposes of this initial agreementAgreement, seniority part time employees are those employees who regularly work twenty four (24) hours or less per week. A part time employee who is temporarily assigned full time hours shall be calculated from each unit member’s original date of full-time employment with the University remain on the date part time seniority list. Seniority will be accumulated, on the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit MembersSeniority List, a copy of which shall be furnished to on the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies basis of the monthly reports reflecting changes number of months in which an employee has worked at the locations covered by the terms of this Agreement. In the case of part time employees, this provision became effective November, 1981. Employees shall accumulate seniority list.on the basis of one 4. A Unit Member’s (1) month seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation time worked or retirement; b. Discharge paid for cause; c. Continuous layoff for in a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5given month. In the event that the accumulated seniority of layoff, the following shall apply: Where one two or more employees in the same title performing the same functional tasks in the same work unit are being laid offis equivalent, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of hire will be the promotion or transferdeciding factor. Where several employees have the same date of hire, a random method of selection to be mutually determined by the parties shall be used as the deciding factor. Representatives from both parties shall be present during the selection process. To continue to acquire seniority an employee, when required by the Employer, must be available for the allocation of employment at the locations which period of time the Unit Member may he indicated on his preference sheet. 13.04 When an employee is permanently transferred from one department to another department, his seniority shall also be returned to work in a position within the unit comparable transferred to the department to which he has been assigned. An employee who is temporarily transferred from one which he/she held at department to another shall retain his seniority rights and continue to accumulate seniority within his home department while so assigned. 13.05 A part time employee who applies for, and is selected to fill a full time vacancy shall not carry his accumulated seniority from the part time Seniority List. However, a full time employee who applies for, and is selected to permanently fill a part time vacancy shall carry his accumulated seniority from the full time Seniority List. 13.06 The Employer agrees to post the Seniority List, showing the names of his/each employee in each classification, in May and November of each year. After each such posting, the Seniority List shall become final with respect to any employees designated, except as to any employee who disputes under the grievance procedure the accuracy of his or her promotion date of hire or transferaccumulated seniority within ten (10) working days following such posting. The Seniority List will be supplied by the Employer to the Union and all Shop Stewards, upon request. Such requests shall not be unreasonably denied. 13.07 The seniority provisions on months of service credit shall not apply to vacation entitlements; entitlement shall be based on date of hire.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. Section 1 Seniority is defined as the total length of continuous service with the City of New Haven except for the purpose of determining which employees shall be laid off pursuant to the procedures set forth in this Article. For the purpose of determining who shall be laid off, seniority is defined as the total length of continuous service as an employee in any Local 71 classified position in the General Fund of the City of New Haven. 1Section 2 The City of New Haven’s Civil Service Rules and Regulations are hereby incorporated as an integral part of this Agreement, except where such Rules and Regulations are not subject to any aspect of collective bargaining as set forth in the Municipal Employee Relations Act of the State of Connecticut. Section 3 For the purpose of this Agreement, when the term full time permanent employee is used, it shall mean an employee who has successfully completed his probationary period and has been permanently appointed to a position in the classified service by the appointing authority, subject to the provisions of the Civil Service Rules and Regulations. All new employees shall serve a probationary period of one hundred twenty (120) calendar days. Such employees shall be considered as probationary at-will employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority eligible for the purpose of this article health benefits, personal days or sick days until satisfactorily completing their probationary period; provided, however, employees shall be based upon an employee’s continuous length eligible for health benefits in accordance with the Affordable Care Act, if applicable. Once the employee has satisfactorily completed his/her probationary period, the accrual of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority sick leave and vacation time shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit memberemployee’s original date of full-time employment with the University on the date the Agreement was ratifiedhire. 3. The Office Section 4 When a vacancy occurs in any of Labor Relations shall maintain a seniority list of Unit Membersthe shifts, a copy of which shall be furnished the Department Head, in the Department where the vacancy occurs, will offer the opening to the IAFF-5082. The Office of Labor Relations also shall furnish to employees within the IAFF-5082 copies of the monthly reports reflecting changes same classification in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of own Department, awarding the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, shift to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgersinterested employee with the most seniority. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will Senior employees shall not be unreasonably withhelddenied preference for vacancies within departmental classification for malicious reasons. 5. Section 5 In the event that a vacancy occurs in a bargaining unit classification or a new position is created within the bargaining unit, such jobs shall be posted in all City Departments for five (5) working days provided there is no Civil Service List already existing and established in accordance with the Civil Service Rules and Regulations. No temporary employees shall be allowed to remain in positions once the position has been filled from a Civil Service List (provided such position is filled within six (6) months from the certification of layoffthe List). No exceptions shall be allowed absent agreement between the City and the Union. (A) Whenever it becomes necessary to reduce the number of employees in a given class because of lack of work or lack of funds, the following employee(s) with the least seniority within each class within the total classified service shall apply: Where one or more employees be removed first. (B) The reduction in the same title performing the same functional tasks classification of budgeted bargaining unit positions shall be made in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.following order:

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. (a) (i) All production employees shall be considered regarded as probationary employees for the first 120 calendar days one thousand and forty (1,040) hours worked of their employmentemployment or re-employment with the Company and during this period they shall have no seniority rights. This probationary period may Upon completion of 1040 hours worked the employee’s start date shall be extended without concurrence backdated to the employee’s last date of IAFF Local 5082 for an additional 30 dayshire. Upon satisfactory completion of the probation period, upon notice the employee shall be placed on the seniority list. Should more than one employee be hired on the same day, the Union shall supervise the draw of lots to IAFF. see whose name will appear first on the seniority list. 7.1 (a)(ii) Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize pension, health and welfare benefits, or to negotiated holidays until the provisions completion of their probationary period. They shall be entitled to statutory holidays provided under the Employment Standards Act. (b) The parties acknowledge that the probationary period affords the Company an important opportunity for assessment and that a lesser standard will apply to the release of an employee during the probationary period than that which applies to the discharge of an employee who has attained seniority. More specifically, the parties agree that the Company shall have the right to release a probationary employee who the Company believes to be unsuitable because of conduct, quality or quantity of work, attendance, aptitude, inability to work with other employees, or any other work-related reason. The release of a probationary employee shall not be set aside unless the Union can demonstrate that the Company has acted in bad faith in its decision to release the employee. Notwithstanding the foregoing, the Company agrees that on request, the Plant Manager will discuss the lay off or release of a probationary employee with the Unit Chairperson of the Grievance Procedure set forth in Article 7 Local Union or his designate. (c) It shall be the responsibility of this Agreementthe employee to provide the Company with his current address and telephone number as soon as it becomes available to the employee. 7.2 Seniority shall be maintained and accumulated during: 1. Absence due to lay-off. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue Absence due to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedsickness or accident. 3. The Office Authorized leave of Labor Relations absence. 7.3 An employee shall maintain a lose his seniority list of Unit Members, a copy of which standing and his employment shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate deemed terminated for any one (1) of the following reasons: a. Resignation or retirement(1) If the employee voluntarily quits. (2) If the employee is discharged for proper cause and is not reinstated in accordance with the provisions of the Agreement. (3) If the employee is laid off and fails to return to work within five (5) working days after he has been notified by the Company, by Registered Mail to his last known address unless a reasonable excuse for failure to report is given. However, a reasonable excuse must be confirmed by supporting evidence. A copy of notice of recall shall be sent to the Union. (4) Absence due to lay-off because of lack of work for the following periods: i. Under one (1) year's service - a period equal to the employee's length of service; b. Discharge for causeii. one (1) year up to five (5) years' service - 12 months; c. Continuous layoff iii. over five (5) years' service - 24 months. (5) Absence from work for three (3) consecutive days without providing the company notice in that time and a justifiable reason for the absence. It is understood that employees will use their best efforts to notify management of their absence from work within one (1) hour of their scheduled start time on the first day of absence. (6) It is understood that employees are responsible for communicating timely and informative notice of their absence to their direct supervisor. Every attempt will be made to notify the supervisor as soon as possible of the absence from work and the expected date of return in order to assist the supervisor in arranging alternative scheduling of work. (i) Seniority shall be defined as the length of continuous service with the Company spent in the Bargaining Unit and shall be applied on a Plant- wide basis. The parties recognize that job security shall increase in proportion to seniority and length of service for all cases of job postings, lay-off and recall from lay-off. Lay-off and recalls from lay-offs shall be in accordance with seniority, providing the senior employee has the ability, efficiency and experience to perform the job. (ii) In the event an employee is bumped from his job classification, the employee will be only allowed to bump to any classification so long as he has seniority over that individual and providing he has the ability, efficiency and in-house experience to perform the job. The employees bumped will retain recall rights to their original job classification for a period exceeding nine of twelve (912) months;, for employees with less than ten (10) years of service, and for a period of twenty-four (24) months for employees with more than ten (10) years of service. d. Failure of (a) All permanent, temporary and new job vacancies which the recalled Unit Member employer wishes to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work fill shall be sent by Rutgers by certified mail, return receipt requested, to advertised on the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work Company bulletin board for a period of three (3) consecutive scheduled working days. Only the original vacancy and one (1) subsequent permanent vacancy need to be posted. A copy of the posting will be given to the local Union. The company shall not add or delete names following the three-day posting. A copy of the applications shall be provided to the union. The Company shall notify the successful applicant within five (5) calendar days without subsequent of the posting coming down. If it is known that an employee is to be absent from work because of sickness, accident or leave of absence for more than one hundred and twenty (120) working days, the job shall be posted as a temporary job and the provisions of this Article shall apply. Upon completion of the temporary assignment, the employee shall return to his/her former job. (b) Management agrees that in cases of said permanent job vacancies, seniority will be carefully considered. If, in the opinion of Management, which shall not be exercised in a discriminatory manner, the senior employee has the skill, ability, and acceptable work performance and attendance record, to perform the job, he shall be given preference. (c) Probationary employees shall not be entitled to bid out of their classification until the completion of their probationary period. (d) Successful employees awarded the posting will not apply for another vacancy within six (6) months from notification by the Company of their successful bid. Only employees with three (3) or more years completed service within the posted classification shall be entitled to Rutgers bid on the posting where it would result in a lateral transfer within the classification. The Company shall notify the Union of the successful applicant prior to notifying the Applicant. (e) Successful applicants to a justifiable excuse job posting shall be considered on trial for such absence;a maximum period of four hundred and forty (440) hours and during this time will be paid the rate of pay of the classification to which they have posted. If the employee fails to perform satisfactorily during that time, he shall be returned to his former classification and rate of pay. If the employee becomes dissatisfied during that time, he may elect to return to his former classification and rate of pay and any affected employee shall revert to his former classification and rate of pay. If the employer is dissatisfied with the employee's performance during that time, he may be returned to his former classification and rate of pay. Successful applicants to the job posting shall be provided a written progress report every two (2) to four (4) weeks during the trial period and the union will receive a copy of the progress reports. The Union shall be notified of any change to an employee's classification. f. Failure (f) The employer may award the position to report back the applicant on trial where there is only one (1) successful applicant who does not complete the trial period under 7.5(e) or where there is more than one applicant and the second senior successful applicant does not complete the trial period. (g) An employee who is laid off from a trial position under Article 7.5(e) and who is recalled to work that trial position within three (3) consecutive work days upon expiration of months will not lose credit for his previously acquired trial time. (h) It is understood that job openings created by absenteeism, vacation, leave sickness, accident or other leaves of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will need not be unreasonably withheldposted; all other vacancies shall be posted after twenty-one (21) calendar days except for purposes set out in Article 7.5(g). 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall (i) An employee may be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently temporarily transferred to a another classification for up to six (6) months for training and shall receive the rate of the job to which he is transferred, or his regular straight time hourly rate, whichever is greater. An incumbent who transfers out of the temporary position shall not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement return to that same temporary position for a period minimum of one (12) year from two working weeks. Experience gained on temporary transfers shall not be considered by the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferCompany when awarding permanent job postings under Article 7.5 (b).

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees A. A job opening shall be considered posted on an appropriate bulletin board for a period of 5 working days. B. Seniority is defined as probationary continuous unbroken service with the Employer, except were bridging of service is mutually agreeable to both parties. A coin toss will determine seniority for 2 or more employees for hired on the first 120 calendar days same date. C. To the maximum extent possible, the township will endeavor to make its best effort to fill permanent/temporary job openings by promoting Employees from the next lower rate of their employmentjob titles. This probationary period may be extended without concurrence In all instances, Employees promoted must possess the skill, ability and knowledge to perform the duties required of IAFF Local 5082 for an additional 30 days, upon notice to IAFFthe higher rated job. Probationary Temporary employees may be disciplined given credit for the time served at the discretion of the township. D. If there are 2 or terminated more Employees with the equal skill and ability to perform the work, then, at any time the discretion of the administration (which may not be arbitrarily or capriciously withheld), the Employee with the greatest seniority shall be given preference. If the Employee once promoted to the higher rated job cannot perform all of the duties and functions required for that job for any reason whatsoever at whatsoever, the sole discretion of Rutgers and they shall not be entitled to utilize Township may promote the provisions of the Grievance Procedure set forth in Article 7 of this Agreementnext senior Employee it deems qualified. 2. Seniority for E. A permanent job opening or vacancy in the purpose of this article bargaining unit, constituting a promotion, shall be based upon an employee’s continuous length posted on appropriate bulletin boards for a period of service in the negotiations unit covered by the Agreement5 calendar days. In the event employees have that a permanent job opening or vacancy in the same seniority datebargaining unit is not filled within 5 calendar days of the posting of such notice, their respective seniority the Township, at its discretion, shall fill such permanent job opening or vacancy within 25 days (30 days total). This time may be determined extended for an additional 10 day period upon proper notification to the union by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3township. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to above does not limit the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies right of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease Township to fill, on a temporary basis and his/her employee status shall terminate for at its discretion, any of the following reasons: a. Resignation above-referenced bargaining job vacancies or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure openings, regardless of the recalled Unit Member time limits of the above-referenced notice. Nothing stated herein shall require the Township to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldfill vacancies. 5F. 1. In the event the Township reduces the number of layoffEmployees in any particular job title(s), Employee(s) with the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being least seniority will be laid off, layoff shall be implemented in reverse order of seniorityoff first, provided that the senior employees has Employee(s) not laid off possess the requisite qualifications necessary skills and abilities to perform the work available, other than teaching duties. 6duties of those position(s) affected by the layoff. Unit Members Such determination shall be recalled to work from layoff in order of their seniority provided that they have at the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date discretion of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferTownship.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees 29.1 A seniority list shall be considered as probationary employees for the first 120 calendar days compiled no less than once per month and each permanent employee shall be placed thereon upon completion of their employment. This probationary period may in accordance with their term of continuous service with the Corporation from the employee’s last starting date. Copies of said seniority list will be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice forwarded to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers Recording Secretary and they shall not be entitled to utilize the provisions Unit Chairperson of the Grievance Procedure set forth in Article 7 of this Agreement. 2Union. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same Where more than one employee has a common seniority date, their respective the greater seniority shall be determined by their respective date of a random lot draw supervised and conducted by the Union at commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment employment. (a) When a permanent vacancy occurs on any shift, the permanent employee with the University most seniority on any shift shall be given the option for transfer to the permanent vacancy within their occupation. The transfer will become effective as soon as a replacement becomes available, or at such earlier date deemed suitable by the Corporation. (b) Permanent employees hired for the night shift may be permitted a minimum of two (2) weeks and up to a two (2) month trial period on the date day shift before being assigned to the Agreement was ratifiednight shift, and during such trial period, no permanent employee, as a result thereof, will be displaced from their assigned shift. 3(c) When appointing an employee to a temporary work assignment necessitated by fluctuating workload, a notice of such temporary work assignment will be posted. Due regard will be paid to seniority between qualified applicants when such an appointment is made. The Office above will apply only to temporary work assignments of Labor Relations more than sixty (60) working days duration. If there is a preferred shift involved such as days, first consideration must be given to qualified employees by seniority. (d) An employee covered by C.U.P.E. Local 68 Civic Employees Collective Agreement who is selected for a position covered by the C.U.P.E. Local 68 Mechanics Collective Agreement shall maintain a receive full credit for all seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes earned in the seniority listCivic Employees Bargaining Unit. 4. A Unit Member’s seniority shall cease and his/her employee 29.3 Seniority status shall terminate once acquired by permanent employees will be lost only for any of the following reasons: a. Resignation or retirement(a) Voluntary resignation; b. (b) Discharge for causeJust Cause not reversed through the Grievance Procedure; c. (c) Continuous layoff non-employment by reason of layoff, sickness or accident for a period exceeding nine of time equal to one-half (91/2) the length of their seniority at the time the absence or layoff commenced, or for a period of twenty-four (24) months, whichever is the lesser; d. (d) Subject to the provisions of Article 14 herein, continuous non-employment for any reason not identified above, for a period of time equal to one-half (1/2) the length of their seniority at the time the absence commenced or for a period of twelve (12) months, whichever is the lesser; (e) Failure of the recalled Unit Member to notify the University in writing signify intention to return to work after recall from layoff within seven (7) calendar days of receipt of following proper notification of recall that he/she intends by the Corporation by Registered Mail sent to accept such offer of reemployment. An the permanent employee accepting such an offer of reemployment must at the last address provided by the permanent employee to the Corporation, and failure to return to active service within fourteen work after an additional seven (147) calendar days of following such notice of reemployment unless notification. If a later date is agreed permanent employee notifies the Corporation within said seven (7) calendar days that they are unable to by Rutgers. Written notice of recall return to work shall within the prescribed time for a legitimate reason, their name will not be sent by Rutgers by certified mailstruck from the seniority list. Their name, return receipt requestedhowever, to may be passed over and the Unit Member’s last known address next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as shown on Rutgers personnel recordssickness, death in the family, accident and other legitimate reasons; e. Failure to report for (f) Absence from work without justifiable excuse for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5days. In the event of layoffthat a permanent employee has so lost their seniority status, they shall no longer be regarded as a permanent employee covered by this Agreement, and the following Corporation shall apply: Where one or more employees not be obligated to rehire them. 29.4 If any permanent employee having served their probationary period becomes disabled and unable to continue in their regular job, then preference will be given to them in filling any other job vacancy for which they have the same title performing the same functional tasks in the same work unit are being laid offskills, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform fill at the work available, other than teaching dutiesprevailing rate for the new job within the Bargaining Unit. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. 29.5 A Unit Member who is permanent employee, transferred or promoted or permanently transferred to a position outside of the Bargaining Unit but within the Fleet Department shall continue to accumulate seniority the same as if they were working at the job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement at which they were working when so transferred for a period of one six (16) year from calendar months, unless prior to the date expiration of the promotion or transfer, during which period of time the Unit Member may be six (6) calendar months they are returned to work the Bargaining Unit, in which case the Union shall be advised in writing a position within the unit comparable to the one which he/she held at the time minimum of his/her promotion or transfer.forty-eight

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees (a) Seniority shall be considered defined as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service time as a temporary professional employee or professional employee in the negotiations District as that term is defined under the Public School Code of 1949, as amended. (b) Seniority shall not accrue for time served as a long-term substitute or as a day to day substitute. (c) Part time employees shall accrue seniority on a pro rata basis. (d) The District will create and maintain a seniority list for all bargaining unit covered by employees. Such list shall include the Agreementemployee’s date of Board approval as a temporary professional employee or professional employee, length of employment, and the employee’s areas of professional certification. In This list shall be posted once each year with notice to the event bargaining unit members and the Association. Any concerns regarding placement on the seniority list must be raised within two (2) weeks of the posting date; otherwise the list will be presumed to be accurate and no modifications will be made thereto until the next posting. Concerns expressed during the posting period which remain unresolved are subject to the grievance procedure. (e) Whenever two (2) employees have the same “date of Board approval” so that their seniority datewould commence at the same time, their respective order of seniority shall be determined by random drawing. Based upon the order upon which their respective date names are drawn, that determination shall establish the employees’ position for seniority purposes for the balance of commencement of employment at Rutgerstheir employment. If Tenured employees continue shall be considered more senior to have the same non-tenured employees having identical seniority date, their respective seniority as defined by this Agreement. (f) Seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies basis of the monthly reports reflecting changes in school year or the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any number of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemploymentworked if less than one school year. An employee accepting such who worked more than the normal school year shall not be credited with any more seniority than an offer employee who works the normal school year. (g) During the first week of reemployment must return March 2015, the District shall post a preliminary seniority list. Employees shall have 2 months from that posting date to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgersreview and correct any inaccuracies. Written notice of recall to work After that time, the list shall be sent considered final, absent extenuating circumstances. Thereafter, the annual posting of the list shall be by Rutgers the second week of September. (h) An employee whose service is involuntarily interrupted or interrupted by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, an approved leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where shall continue to accrue seniority during such interruption for the Unit Member has a justifiable reason purpose of computing seniority for failure to report back to work on time, approval will not be unreasonably withheldsuspension and recall purposes. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1A. The Town shall establish a seniority list by department for, Police Sergeant, Detective, Corporal, Patrol Officers, Dispatchers, Dispatcher Administrator, Administrative Assistant to the Chief, Lead Treatment Plant Operator, Wastewater Plant Operators, Wastewater Mechanic, Highway ▇▇▇▇▇▇▇, Highway Equipment Operators/Truck Drivers, Laborers, Deputy Tax Collector, Assistant Deputy Treasurer, Assistant Deputy Tax Collector and Secretary. All employees Said list shall be considered subject to amendment from time to time as probationary circumstances shall warrant. In listing, employees for with the first 120 calendar days greatest seniority B. Said lists and all amendments thereto, as the same are promulgated and confirmed copies thereof shall be sent to the Principal Officer and ▇▇▇▇▇▇▇ of their employment. This probationary period may the Union and shall be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever posted in a conspicuous place at the sole discretion Town Offices for a period of Rutgers not less than thirty (30) days. In addition thereto, said list, as amended, shall be brought up to date on February first (1st) of each year. Any objections to the seniority list as posted must be reported to the Town Manager or designee within ten (10) days from the date posted or it shall stand as accepted, whereupon it shall take full force and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementeffect. 2. Seniority C. Seniority, for the purpose of this article Agreement, shall be based upon an employee’s continuous interpreted to mean length of continuous service only from date of last permanent hire and shall be a factor, if abilities and qualifications are equal, in all matters affecting promotions and filling of vacancies. Seniority shall be the negotiations unit covered by the Agreementgoverning factor in all matters affecting lay-offs (with bumping rights provided job qualifications are equal), recall and vacation preference. Said bumping rights shall extend only to classifications within each division. In the no event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment a more senior employee displace a less senior employee with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and greater job responsibilities within his/her employee status shall terminate for any of the following reasonsclassification. The divisions and classifications recognized therein are as follows: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees A. Seniority shall be considered defined as probationary employees an employee=s total length of services driving for the first 120 calendar days ▇▇▇▇▇ Board of their employment. This probationary period may be extended without concurrence Education from the latest date of IAFF Local 5082 hire (if driver already in possession of a valid New Jersey Bus Driver=s License) or when he/she passes the test for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementbus driver=s license. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. B. The Office of Labor Relations Board shall maintain a separate seniority list of Unit Members, a for bus drivers and van drivers. The seniority lists shall be maintained and revised as necessary by the Transportation Supervisor. These lists shall be posted on the bulletin board. A copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work each revised list shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three Union President within two (32) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year weeks from the date of revision. C. The assignment of bus and van routes shall be made in order of seniority prior to the promotion or transferbeginning of the school year. This shall occur on the route selection day chosen by the Transportation Supervisor, during which period provided the Union has been given a minimum of time two (2) weeks notice of said date. On this date, all drivers present will be given the Unit Member opportunity to select their routes in order of seniority. Those drivers unavailable when contacted under the selection system utilized, shall not be given this priority. An officer of the Union may be returned to work in a position within the unit comparable to the one which he/she held present at the time of his/selection of routes (without pay). D. In the event a run becomes vacant, by reason of an employee leaving his or her promotion position as a driver, the run shall be posted for a minimum of three days to afford interested employees an opportunity to apply. The run will be assigned to the most senior applicant within the particular category. E. Management reserves the right to change routes during the year due to population shifts or transferenrollment changes which will be necessary for the efficient and safe transportation of students throughout the school year. F. If there is a forced reduction or layoff of any employee, the Employer will lay off starting with the least senior employee first and continue to lay off in the order of seniority. The Shop ▇▇▇▇▇▇▇ shall be last for layoff and first to be recalled.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.1 Seniority shall mean length of service with the Employer since the Employee’s last hiring date, unless said employee was outside the bargaining unit at the time of hiring. In that instance, seniority shall mean length of service with the Employer since the employee’s date of entrance into the bargaining unit. Seniority of part-time employees shall accrue at a pro-rata rate of a full time employee. If two or more employees are hired on the same day, they shall draw lots to determine who shall be placed before the other on the seniority list, and once placed on the list, their names will remain unchanged in position. The accrual of seniority for only the cooks and food service shall be limited to within the said classifications and shall be credited from the time of continuous hire into the food server or cook classification if prior to the date of joining the bargaining unit. 1. 9.2 All new employees and employees who have been rehired after loss of seniority, shall be considered as probationary employees for the first 120 calendar ninety (90) days after hiring or rehiring, during which period they may be discharged or laid off by the Employer without regard to provisions of this Agreement, except in instances where such discharge or lay off of a probationary employee is contrary to law. There shall be no responsibility for the rehiring or recalling of probationary employees if their employmentservices are dispensed with during the probationary period. This At the expiration of the probationary period, an employee’s seniority will be established as of his hiring date. The ninety (90) day period may be extended without concurrence for any absences during that period, by the amount of IAFF said absences. a. If a layoff occurs for any reason, the Superintendent or his designee will meet with the Local 5082 bargaining committee to inform them of the layoff and any possible options the Employer may provide in implementing the lay- off. In advanced planned and/or projected layoffs for an additional 30 daysreasons other than emergencies, upon the Employer will give twenty (20) days notice prior to IAFFimplementing such layoff. Probationary employees may employed in those classifications where layoffs shall occur shall be disciplined first to be laid off. Employees in each classification, who are not on probation, shall be laid off according to the inverse order of their seniority in that classification. Employees, who are not on probation and have been laid off within their classification, shall have the right to replace a less senior employee in a different classification of equal pay or terminated at any time for any reason whatsoever at less provided they can physically and mentally perform the sole discretion work. The classification of Rutgers equal pay is determined by the highest classification rate excluding longevity steps attained by said employee as defined in Article XIV. An employee exercising seniority rights to replace another employee shall be limited to replacing the least senior employee in the same or lesser classification b. Bumping of positions among food service employees will not be allowed except under the following circumstances: (1) A position is eliminated (2) A position’s regular assigned work hours are reduced by an amount greater than 10 percent. (3) The employee bumping to another position must have greater seniority and they the necessary qualifications to perform the work in the position in order to replace the less senior employees. 9.4 When the work force is increased following a layoff, non-probationary employees laid off shall be recalled to their classification in inverse order of layoff. The employer shall not be entitled required to utilize recall any probationary employees. Any laid off employee, who is not participating and who has not participated in an unemployment benefit program and is recalled to a position or classification less than the provisions position or classification held prior to layoff, shall have the right to refuse recall without penalty or loss of future recall rights. However, any other employee recalled must accept recall or lose all future rights of employment with the Employer. 9.5 In the event of a breakdown of machinery, lack of work or change in calendar schedule of events, layoffs should be limited to the day of the Grievance Procedure set forth in Article 7 of this Agreement. incident causing the layoff, plus the following two (2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement) work days. In the event employees have that such incident exceeds the same seniority datelimit, their respective seniority normal layoff procedures will be implemented. 9.6 A recall list shall be determined maintained by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifiedEmployer for two (2) years. 3. 9.7 The Office of Labor Relations employer shall prepare and maintain a seniority list showing the length of Unit Members, a copy service of which all employees with the Employer. Such list shall be posted on the employee bulletin boards and two (2) copies shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies President of the monthly reports reflecting changes Local once each year, not later than August 1. Each employee shall have the right to protest any error in his seniority status within (10) days after the seniority listlist has been posted. 4. A Unit Member’s 9.8 Employment and seniority of employees shall cease and his/her employee status shall terminate for any be terminated by one of the following reasonscauses: a. Resignation or retirement;(1) Quit b. (2) Discharge for cause; c. Continuous layoff (3) Failure to report to work at termination of leave of absence (4) Failure to make known, in writing, within five (5) working days after receipt of a certified letter which has been sent to an employee’s last known address on record with the employer notifying the employee to return to work from layoff, his intention to return to work; or failure to report for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing work within seven (7) calendar days after the employee notifies the Employer, in writing, of receipt his intention of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen work. (145) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for Employees who are absent from work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacationany reason, unless on an approved leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where will be expected to notify the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of Employer one (1) year from hour prior to the starting of work time on the first day of such absence, giving the reason for the absence an expected date of the promotion or transfer, during which period return to work. Five (5) days of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time absence without notice shall automatically terminate employment seniority. (6) Continuous layoff of his/her promotion or transfer.more than two (2) years; and

Appears in 1 contract

Sources: Support Staff Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. 5.1 Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority Agreement shall be calculated by continuous service from each unit member’s original the last date of full-employment, except other­ wise provided. A seniority list for all full time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain Grocery Department employees and a separate list for all part time Grocery Department employees, also a seniority list of Unit Members, for all full time Meat Department employees and a copy of which separate list for all part time Meat Department employees shall be set up by the Employer and shall be furnished to the IAFF-5082Union upon request. Seniority areas governing this Agreement are outlined in Schedules “ D” and “ E” attached hereto and made a part hereof. In connection with layoffs and store closings, seniority will first apply to store, then geographic and last the jurisdiction of this Agreement. (Schedule “ D” applies to layoff, store closings and promotions only and Schedule “ E ” applies to all other purposes). 5.2 The Office Employer recognizes the principle of Labor Relations also seniority by classifica­ tion as being one in which the movement of an employee from one job to another or from one location to another through promotion, layoff, recall after layoff, or permanent transfer, shall furnish be governed by the length of service of the employee, and in connection with such movement the Employer may take into consideration, as to each employee involved, his ability to perform the work. 5.3 Full time employees to be laid off by classification shall have the option of part time employment, and shall be placed at the top of the part time seniority list, or may take a complete layoff. They shall have the right of recall on any full time opening, provided they can do the work, and further that if an employee is laid off or reduced to part time out of his seniority turn, the matter must be brought to the IAFF-5082 copies attention of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine Personnel Department within ten (910) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt said reduction or layoff. Full time employees reduced from full time to part time through no fault of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mailtheir own will retain full time Health and Welfare, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work and Pension coverage for a period of three twelve (312) consecutive scheduled working days without subsequent notification months. The Employer will continue the full time Health and Welfare, and Pen­ sion contribution for said period of time. When a full time employee is involuntarily reduced to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on part time, approval will not be unreasonably withheldhe shall continue to accrue seniority as though he was still full time. When a full time employee voluntarily reduces himself in writing, his part time seniority is dated from the original date of hire. 5. In 5.4 Seniority and the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and employee’s ability to perform the work availableshall be given consideration in regard to promotions within the bargaining unit. If the employee fails to qualify within a reasonable time for the upgraded positions, he shall be afforded the opportunity to return to his former classification without loss of seniority. The Employer will notify the Union of all promotions to Department Head classification. 75.5 Part time employees desiring full time work, and lower classified food employees desiring to upgrade in classification, shall be given preference for such work in accordance with the following procedure. A Unit Member (The Employer will maintain a separate bid list for the Grocery Depart­ ment and the Meat Department for those employees who is promoted or permanently transferred to desire upgrade in status.) A. Employees who have completed a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period minimum of one (1) year of service and who desire upgrading, as described above, shall notify the Employer in writing with a copy to the Union, during the periods March 1st to March 21st and September 1st to September 21st each year. Such letters shall remain valid for eighteen (18) months. B. The first consideration for any such vacancies shall be given to employees with a current request in order of the employee’s seniori­ ty with ability to do the work to be considered. However, full time Night Crew employees will be given priority consideration for available full-time day vacancies within the Food Clerk classification. C. Only requests for permanent classification change shall be valid and failure to be available thereafter for such work for a period of twenty-six (26) weeks after obtaining such status, except for reasons beyond the employee’ s control, shall bar the employee from future re­ quests for a period of twelve (12) months. D. Failure to accept an offer of such work in any of the Employer’ s stores within a seniority area shall result in removal of the employee’ s request for the balance of that six (6) month period, but it shall not bar the employee from future requests. E. Part time employees who are promoted to full time will receive credit for time worked on the basis of forty (40) hours being equivalent to one (1) week and the employee’s full time seniority date will be ad­ justed accordingly. F. The Employer and the Union agree to exchange a list of part time employees requesting full time jobs during the months of January and July of each year. The list will contain the employee’s name, social security number, store number, and date the letter was received by their respective offices. G. When the file of request letters has been exhausted, all employees regardless of length of service may be considered for available open­ ings on a store-by-store basis. 5.6 Employees laid off due to the store closing or reduction of employment shall be laid off by order of the most recently hired and shall be rehired in the reverse order of the layoff, with due considera­ tion given to job classification. Employees laid off and subsequently recalled within twelve (12) months will retain their former seniority. The Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. However, the Employer will decide what store to transfer the employee to. There shall be no bumping by seniority. 5.7 The Employer agrees to give a week’s notice or a week’s pay in lieu of a week’ s notice to full time employees with six (6) months service and three (3) days notice or three (3) days pay to part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall give a week’ s notice prior to in­ tended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted. 5.8 Any employee transferred into the Meat Department or Grocery Department from any other part of the Company shall retain his original employment date for the purpose of computing benefits, but his seniority date shall be established as the date he commenced work­ ing in the Bargaining Unit. 5.9 The Union shall be notified of all full time openings. 5.10 Employees involuntarily transferred from one seniority area to another, as a result of store closing or layoffs, will be afforded the opportunity to return to their original seniority area before a perma­ nent employee of the promotion or transfer, during which same job classification is hired in said seniority area. Said transfer opportunity shall exist for a period of twelve (12) months. 5.11 A. Before a Journeyman Meat Cutter can be reduced to part time the Unit Member may be returned to work in a position or laid off within the unit comparable seniority area, all apprentices must be laid off within the seniority area. Where the application of this provision creates a hardship or operational problem, the Union and the Employer agree to discuss and resolve the one which he/she held at the time of his/her promotion or transferproblem.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. Section 1. All employees A seniority list shall be considered as probationary employees for established naming all officers affected by the first 120 calendar days AGREEMENT, with the employee with the greatest years of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth service in Article 7 of this Agreement. 2each classification listed first. Seniority shall be based upon the date of appointment. Seniority, for the purpose of this article AGREEMENT, shall be based upon an employee’s continuous interpreted to mean length of service continuous service. Seniority shall be the governing factor in the negotiations unit covered by the Agreementall matters affecting work shift assignment, layoff, recall and vacation preference, Section 2. In the event it becomes necessary for the CITY to lay off employees have the same seniority datefor any reason, their respective seniority employees shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have laid off in the same seniority date, their respective seniority shall be determined by alphabetical inverse order of their last namesseniority. For purposes All affected employees shall receive a two (2) calendar week advance notice of this initial agreementlayoff, seniority that he/ she is senior member in grade, and the CITY shall meet with the affected employees prior to the actual occurrence of layoff. Affected employees shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff given recall rights for a period exceeding nine of eighteen (918) months; d. Failure of months following the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemploymentlayoff. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work Employees shall be sent by Rutgers recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status have been afforded recall notices by certified mail, return receipt requested, requested to the Unit Member’s employee's last known address as shown address. It is the responsibility of the employee to advise the CITY of his/ her current address. Section 3. The seniority list shall be brought up to date on Rutgers personnel records; e. Failure to report for work January 1 of every year and immediately posted thereafter on bulletin boards for a period of three not less than thirty (330) consecutive scheduled working days without subsequent notification to Rutgers days, and a copy of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of senioritysent to the UNION and to the ▇▇▇▇▇▇▇. Any objection to the seniority list, provided as posted, must be reported to the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one Chief within five (15) year days from the date posted or it shall stand as accepted. Section 4. All permanent job openings and/ or vacancies which the CITY intends to fill shall be posted via departmental email for a minimum of ten (10) days by the promotion CITY as soon as such opening and/ or transfervacancy becomes available. This provision shall also apply to temporary job openings that are likely to last thirty (30) or more calendar days. If when the Police Chief decides to fill any permanent job openings or vacancies, during which period that position will be awarded within a reasonable length of time time. Section 5. Step increases for the Unit Member may purpose of wages and vacation accrual rates shall be returned to work in a position within granted on the unit comparable to the one which he/she held at the time of his/her promotion or transferemployees' anniversary date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall 10:01 An employee will be considered as on probation until after he/she has completed three hundred and thirty-seven and one-half (337.5) hours of work or forty-five (45) days in the part-time bargaining unit within any twelve (12) calendar month period. Upon completion of such probationary employees period, the employee will attain seniority and his/her name will be placed on the seniority list for the first 120 calendar days of their employmentthis bargaining unit and he/she will be credited with such hours worked. This Notwithstanding anything in this Agreement, a probationary period employee may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever discharged at the sole discretion of Rutgers and they for any reason satisfactory to the Hospital and the discharge of a probationary employee shall not be entitled subject to utilize the provisions grievance or arbitration procedures. The Employer may request an extension of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority probationary period for the purpose of training and orientation. It is understood and agreed that any extension to the probationary period will not exceed an additional thirty (30) days of work or 225 hours. The Employer will advise the employee and the Union on the basis for such extension. Any other extension for reasons not covered above may be granted with the agreement between the Employer and the Union. 10:02 Seniority credited as provided above will thereafter accumulate on the basis of hours worked within the bargaining unit. 10:03 A seniority list will be posted on the official bulletin boards and will be revised at least semi-annually according to the records of the Employer. The respective last dates of hiring of employees with seniority will also appear on the posted seniority list. The Employer will supply copies of the seniority list to the Chairperson of the Union Committee and the local Union Office. 10:04 Where vacancies are posted for positions within the full-time bargaining unit and no applicants within the full-time bargaining unit are considered to be suitable to fill such vacancies, consideration will be given to applications from employees in this article bargaining unit to fill such vacancies prior to consideration of persons not employed by the Employer. Where the Employer fills such vacancies from among applicants from this bargaining unit, the Employer's decision shall be based primarily upon an employee’s continuous length its opinion as to qualifications, skill, ability, experience, and suitability for the particular vacancy of service the employee concerned. Where these factors are equal in the negotiations unit covered by opinion of the Agreement. In Employer, the event employees have applicant with the same greatest seniority datewill be given preference provided he/she is qualified to perform the job. (a) An employee who transfers from full-time to part-time status on or after January 1, their respective 1980 will be given credit for the full-time seniority shall he/she had prior to the transfer on the basis of one (1) year of full-time seniority = 1,650 hours worked as part-time. (b) An employee who transfers from part-time to full-time status on or after January 1, 1980 will be determined by their respective date given credit for the part-time seniority he/she had prior to the transfer on the basis of commencement 1,650 hours worked as a part-time = one (1) year of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last namesfull-time seniority. For purposes of this initial agreementcalculating the credit to be given, seniority shall be calculated from each unit member’s original the Hospital will take the hours worked by the employee which are listed on the most recent part-time Seniority List prior to the date of fullthe transfer and add to them the part-time employment with hours worked by the University on employee from the date of that list to the Agreement was ratifieddate of the transfer. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished 10:06 Where the Hospital has decided that it needs to increase the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies complement of the monthly reports reflecting changes part-time bargaining unit, applications from employees in this bargaining unit will be given consideration before going outside the seniority list. 4bargaining unit. A Unit Member’s seniority shall cease and his/her employee status shall terminate Part-time needs will be posted for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days on the CAW bulletin board. Where the Employer fills such vacancies from among applicants from this bargaining from among applicants from this bargaining unit, the Employer's decision shall be based primarily upon its opinion as to qualifications, skill, ability, experience, availability and suitability for the particular vacancy of receipt the employee concerned. Where these factors are equal in the opinion of notification of recall that the Employer, the applicant with the greatest seniority will be given preference provided he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities qualified to perform the work available, other than teaching dutiesjob. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. A. Seniority means an employee's length of continuous service in the bargaining unit since the employee's last date of hire, except as otherwise stated in this Agreement. Employees shall be placed in the Professional, Administrative or Legal (attorney) Service. Each service is defined as follows: 1. All Administrative Service - shall encompass employees in titles assigned to Categories 1 – 8, 2. Professional Service shall encompass employees in titles assigned to Categories 9 – 14, and 3. Legal Service shall encompass Attorneys in Category 15. B. If a unit employee who has been promoted to a non-unit position with ▇▇▇ returns to his or her unit position within one year of the effective date of the non-unit appointment, that unit employee will be credited with all seniority accrued up to the effective date of the non-unit appointment. C. Where two or more employees are hired on the same date, seniority shall be considered as probationary employees for computed on an alphabetical basis using the first 120 calendar (1st) letter of the last name. D. A seniority list shall be formulated for all employees by service, Professional, Administrative or Legal (Attorney), to be furnished to USW within thirty (30) days of the request. USW shall have thirty (30) days after the issuance of such list to question employees' seniority dates. E. USW shall receive written notification of new hires immediately upon hiring showing their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time seniority dates. F. If for any reason whatsoever a supervisor believes that ▇▇▇'s operating needs will not allow two or more employees to schedule vacation at the sole discretion same time, the most senior employee will have first choice of Rutgers and they shall not be entitled scheduled vacation time. G. Reductions in Force 1. In the event that PEF determines that it is necessary to utilize reduce the provisions size of the Grievance Procedure set forth work force, the procedure contained in Article 7 of this Agreementprovision shall be utilized to determine how individual employees will be impacted. 2. Seniority for There will be three geographic layoff units. The geographic area encompassing the purpose of this article shall PEF offices in PEF Regions 1 through 5 will be based upon an employee’s continuous length of service a separate layoff unit. The geographic area encompassing the PEF offices in PEF Regions 9, 10, 11 and 12 will be a separate layoff unit. The geographic area encompassing PEF Headquarters and the negotiations unit covered by the Agreement. In the event employees have the same seniority datePEF offices in Regions 6, their respective seniority shall 7 and 8 will be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratifieda separate layoff unit. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished PEF will identify the positions it intends to abolish. If there is more than one employee in the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies title of the monthly reports reflecting changes position to be abolished in a work location, the least senior employee in the seniority listtitle at that work location will be the employee whose position is abolished. 4. A Unit Member’s If a vacancy exists in a service in which a position is to be abolished, employees whose positions have been abolished, and who meet the minimum qualifications for the vacant position, will be offered the opportunity to fill the vacancy. If more than one employee whose position has been abolished meets the minimum qualifications, PEF shall offer the vacancy to those employees in seniority shall cease and his/her order. The refusal to fill a vacancy will not impact on an employee's right to bump under this article. PEF's determination that an employee status shall terminate does or does not meet minimum qualifications for any purposes of this sub-paragraph is not subject to Step 3 of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure grievance procedure in Article 3 of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldthis agreement. 5. In Any temporary employee as defined by Article 25, or any probationary employee in that title in the event of layoff, geographic layoff unit must be laid off prior to any permanent employee in that title. 6. The employee whose position is to be abolished will first have the following shall apply: Where one or more opportunity to bump less senior employees in the same title performing the same functional tasks in the same work geographic layoff unit. PEF will notify the employee whose position has been abolished of those office locations within the layoff unit are being laid off, layoff shall be implemented in reverse order among which the employee has enough seniority to bump. The employee will have ten calendar days from receipt of seniority, provided the senior employees has the requisite qualifications and abilities this notification to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work availablerespond. 7. A Unit Member PEF will also notify any employee who is promoted bumped pursuant to paragraph 6 above of any opportunities that might be available within the layoff unit to bump less senior employees in the same title. 8. Once it has been determined which employee in which title will be impacted by a layoff in a layoff unit, that employee will be offered the opportunity to bump the least senior employee in the title without regard to layoff unit. 9. If the employee who will be impacted by ▇▇▇▇▇▇ has no opportunity to bump the least senior employee in title in either the geographic layoff unit or permanently transferred statewide, that employee will also be given the option of bumping the least senior employee in the service holding a position for which the employee impacted by layoff meets the minimum qualifications. PEF's determination that an employee does or does not meet minimum qualifications for purposes of this sub-paragraph is not subject to Step 3 of the grievance procedure in Article 3 of this agreement. 10. Any employee who has no bumping rights or declines to exercise any right he or she might have had to bump another employee will receive a minimum of four (4) weeks’ notice of the effective date of the layoff. 11. An employee who exercises bumping rights within title will continue to be paid at the same salary level. An employee who bumps into another title will be paid at the same step of the category of the new title or their pre-layoff salary, whichever is less. 12. An employee who is laid off pursuant to this Article will have his or her name placed on a recall roster for the length of his or her seniority or six years from the effective date of the layoff, whichever is shorter. 13. Future vacancies within a title shall be offered, in seniority order, to those former employees on the recall roster who meet the minimum qualifications for the position. If no employee on the roster is eligible, or if all eligible employees decline, the position will be filled pursuant to Article 23 of this agreement. PEF's determination that an employee does or does not meet minimum qualifications for purposes of this sub-paragraph is not subject to Step 3 of the grievance procedure in Article 3 of this agreement. 14. If a former employee on a recall roster declines an appointment to a job position in his or her former title in the same location, that former employee's name will be removed from the roster. 15. An employee who, as a result of an Article 19 reduction in force, bumps into a different title will be required to serve probation in the new title. An employee who bumps within title will not be required to serve probation. 16. An employee who, as a result of an Article 19 reduction in force, bumps into a different title shall have his or her name placed on the recall roster for the title held prior to the bump. Employees who have bumped and remain PEF employees will not be eligible for appointment from the recall roster unless there are no willing or eligible former employees on the roster. Recall rights under this sub-paragraph will be for the length of the employee's seniority or six years from the effective date of the layoff, whichever is shorter. An employee who declines an offer to return to his or her former title in the same geographic layoff unit, within 90 miles of his/her former work location, will have his or her name removed from the recall roster. 17. PEF will notify any employee working in a position not covered by PEF intends to reduce to less than full time, in writing, of that decision. The employee will have five (5) business days to advise the President of PEF or his or her designee whether the employee is willing to accept the reduction in hours and remain in the position. If the affected employee is unwilling to accept the reduction in hours, that employee shall exercise rights under this Agreement article as if the position had been abolished. H. An employee shall retain and accumulate lose his/her seniority as provided for in this Agreement for a period of one (if he/she: 1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned . resigns. 2. is discharged. 3. fails to report to work in within thirty (30) calendar days after accepting appointment from a position within the unit comparable recall roster. 4. fails without reason acceptable to the one which he/she held PEF to report to work at the time end of his/her promotion leave of absence. 5. is laid off for the length of his or transferher seniority or six (6) years, whichever is less.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. Section 1. All For the first (6) months of their employment, all employees shall be considered as probationary employees for employees. The Town shall have the first 120 calendar days of their employment. This absolute right to discharge a probationary period may be extended employee with or without concurrence of IAFF Local 5082 for an additional 30 dayscause, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall such action will not be entitled subject to utilize the grievance or arbitration provisions of this Agreement or protest by the Grievance Procedure set forth in Article 7 of this Agreement.Union Section 2. Seniority for the purpose of all employees governed by this article Agreement shall be based upon an defined as the period of the employee’s continuous length latest date of service in hire into the negotiations unit covered Bargaining Unit. It shall be deemed to include any seniority presently held by an employee through agreement between the Union and the Town prior to this Agreement. In the event Where two or more employees have begin service on the same seniority date, their respective seniority for those employees shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of assigned based on their last names. For purposes of this initial agreement, seniority shall be calculated from each application for the recognized bargaining unit member’s original date of full-time for employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082Town. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the Employees rehired after their seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate has been broken for any of the following reasonsreasons set forth in this agreement will be considered new hires for all purposes and seniority shall be measured from the date of rehire. (a) Preference shall be given to employees in order of seniority to: a. Resignation (1) the selection of runs or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall vacancies that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniorityoccur, provided that the senior employees has employee is available when the requisite qualifications runs are assigned and abilities s/he is available and qualified to perform the work available, other than teaching duties; (2) in the selection of vacations as set forth in this Agreement; and (3) in the event of layoff as set forth in this Agreement. 6(b) Employees shall have the opportunity to bid on regular work assignments that become available for any reason (also referred to as "runs") by seniority. Unit Members The bids will include designated start times or a floating start time of two hours for all Dial-A-Ride runs and estimated end times with a brief job description. (c) The Town of Enfield shall establish a seniority list, and the list shall be recalled brought up to work from layoff in order date July 1 of their each year and a copy shall be delivered to the Business Agent of the local. Any objection to the seniority provided that they have list, as made, shall be reported within ten (10) working days or it will be waived for the requisite qualifications and ability to perform remainder of the work availablefiscal year. 7. A Unit Member who is promoted or permanently transferred to a (d) The Town and the Union shall incorporate existing job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided descriptions for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the every bargaining unit comparable to the one which he/she held at the time of his/her promotion or transfer.position

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. A. Seniority as used throughout this Agreement shall be defined as the length of service for which an employee received credit in any classification covered by this Agreement with this Company. The definition shall include the ability to perform the required work on the job in a satisfactory manner, and shall accrue from the date of entering a classification as a regular assignment. Seniority shall be applicable to all classifications covered by this Agreement. 1B. The principle of seniority shall apply in the application of this Agreement in all reductions or increases of the work forces, preference of shift assignment when a vacancy occurs, vacation period selection, in bidding for vacancies or new jobs, and all promotions, demotions or transfers involving the classifications covered by this Agreement. All employees shifts, days off and work assignments shall be open for bidding for all classifications bi-annually at minimum in the spring and fall between the months of March and April and again between the months of September and October. Every effort should be made to align bid periods in 6-month time frames pending operational priorities. As business situations dictate, additional job bids may be required. A grid system bid sheet for shift preference for each classification shall be utilized to fill all vacancies which arise between the annual bid. No premium pay shall be paid to any employee as a result of his being awarded a change in schedule for which he bid. C. Employees will be considered as probationary employees for the first 120 ninety (90) calendar days of their employmentemployment and there shall be no responsibility on the part of the Company for the re- employment of probationary employees if they are laid off during this period. This If retained after the probationary period period, which may be extended without concurrence of IAFF Local 5082 for an additional 30 thirty (30) calendar days in individual cases by the giving of written notice to the Union before the end of the specified probationary period, the names of such employees shall then be placed on the appropriate seniority list as of his date of hire. In instances where the Company extends an individual's probationary period of an additional thirty (30) calendar days, upon notice the written notification to IAFF. Probationary employees may be disciplined or terminated at any time provided to the Union will also include the reasons for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementextension. 2D. Seniority Lists. Seniority for the purpose of this article lists shall be based upon an employee’s continuous length corrected on November 1 of service in each year and posted on December 1 of each year. The employees shall be allowed thirty (30) calendar days after posting to correct any errors appearing thereon. A corrected list will be prepared within thirty (30) calendar days E. Employees who are promoted after the negotiations date hereof to supervisory positions outside the bargaining unit covered by the Agreementunder this Agreement shall continue to retain and accrue seniority for a maximum of one hundred and eighty (180) days. In the event employees have any such employee is returned to the same seniority datebargaining unit by the Company or voluntarily desires to return to the bargaining unit during such one hundred and eighty (180) day period, he shall be entitled to exercise both his retained and accrued seniority. If they are retained on the job after the one hundred and eightieth (180th) day, their respective seniority names shall be determined by their respective date of commencement of employment at Rutgersremoved from the seniority lists. If employees continue to have During this one hundred and eighty (180) day period, the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations employee shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes his good standing membership in the seniority listUnion. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 115.1 There shall be two types of seniority, namely Occupational Group Seniority and Cooperative Seniority. Cooperative Seniority shall be defined as total length of continuous service with the Cooperative as determined in accordance with 3.7. Cooperative Seniority shall be used as the basis for determining such benefits as sick leave, retirement, vacations and protection against demotion and layoff. Occupational Group Seniority shall be defined as the total length of service in one of the occupational groups shown in Exhibit C attached hereto. Occupational Group Seniority shall be used in determining the preferred bidder within an occupational group and line of progression in the sequence outlined in 15.3. Attached hereto and made a part hereof is Exhibit C, an appendix outlining the "Occupational Groups" and "Lines of Progression" to be used for promotion and demotion. All employees apprentice classifications will be filled based on Cooperative seniority. (Amended 4−7−94) 15.2 Cooperative shall make up and post on bulletin boards a Cooperative seniority list and an occupational seniority list every six (6) months. If no opposition shall be made in writing within thirty (30) days after posting, the respective seniorities shall be considered as probationary employees for the first 120 calendar days of their employmentcorrect as listed. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a A copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority listUnion. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate 15.3 When new jobs are created, as provided in 4.4, additional jobs created or vacancies occur which will last for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine more than thirty (930) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept days, such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work jobs shall be sent posted on the bulletin board by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement Cooperative for a period of one (1) year week. It shall be the duty of the Cooperative to set forth in said bulletins the date of postings, the nature of the job, its duties, qualifications required and rate of pay. The Cooperative shall furnish the Union with a list of bidders on all jobs and it shall be the duty of the Cooperative within ten (10) working days of the close of the bidding period to post on bulletin boards the name of the applicant, if any, awarded the job, and mail a copy of such notice to the Union. If no bids are received for the job classification during the bidding period, the Cooperative may fill the job from any source whatsoever. If a job is filled from sources other than bidders and the job again becomes vacant within thirty (30) days from the date job was last filled, it shall not be necessary to again post the job if filled a second time within thirty (30) days. Attached hereto and made a part hereof and numbered Exhibit B are the "Job Descriptions and Qualifications" of those jobs coming within the scope of the bidding procedure. Bids to job vacancies will be given preferential consideration in the following manner. Subject to 15.5 and 15.8, the employee with the greatest Occupational Group Seniority shall be awarded the job, except under (d) below, Cooperative seniority shall be used: (a) Bids from employees within the same occupational group in the same classification or classification higher than the existing vacancy. (b) If there are not bidders under (a), all bids from employees in the next lower classification within that occupational group. (c) If there are no bids received under (a) or (b), all bids from employees within the occupational group in which the vacancies exist. (d) Should there be no bids from any employees under (a), (b), or (c), all other bids from any employee in any occupational group, regardless of classification and subject to 15.5 and 15.8, the bidder with the greatest Cooperative Seniority shall be awarded the job. 15.4 When the Occupational Group Seniority is identical for two (2) or more employees whose bids are entitled to equal consideration under paragraph (a), (b) or (c) of 15.3, preferential consideration shall be given to the employee with the greatest Cooperative Seniority. 15.5 Whenever a vacancy occurs in any job classification, Cooperative may, in its discretion, temporarily fill such vacancy. Except for temporary appointment to the job of working ▇▇▇▇▇▇▇, any such temporary appointment shall, if practicable, be given to the employee in the occupational group in which the vacancy occurs who would be eligible therefore under the seniority and job bidding provisions of the Agreement. Nothing in this Agreement shall be construed as limiting the right of the Cooperative to determine the number of employees required in each classification nor shall it be construed as limiting the right of the Cooperative to determine whether a vacancy shall be filled. 15.6 An employee promoted to a higher classification which requires a training period shall be given a qualifying period of not more than six (6) months. Such period shall be for determining whether he can meet the job requirements. If the employee fails to demonstrate his ability to perform the job or lacks the ability to progress during the six (6) months trial period, he shall be returned to his former job classification and rate of pay and the job will be again offered for bid. At the discretion of the Cooperative, if an employee hasn’t demonstrated the ability necessary for a position, but the cooperative feels that the problems were beyond the ability of the employee to control or that there is a high probability of success, the probationary period may be extended three months. If Cooperative extends this training period, and at the end of the nine month period the employee is returned to his/her former classification, all employees that had moved up through the process also return to their former classification. New hires or "probationary' employees are covered by section 3.4. (Amended 7− 1−94) 15.7 All bids shall be submitted by United States mail to the office of the Manager of the Cooperative at its general offices in Portola, California. The Cooperative will not consider any bid postmarked more than ten (10) days from the date of posting. (a) Notwithstanding anything contained herein, Cooperative need not consider the promotion bid of any employee who does not possess the knowledge, skill, efficiency, adaptability and physical ability required for the job on which the bid is made. (b) In making an appointment to fill a job vacancy in a classification involving personal contact by the employee with the public, or transfera technical classification or a classification in which an employee must exercise supervisory duties, the Cooperative shall consider bids of employees submitted as herein provided, but the Cooperative may nevertheless make an appointment to fill such vacancy on the basis of ability and personal qualifications. (Added 7−1−96) (c) In making an appointment to fill a vacancy in a classification in which an employee must exercise supervisory duties, the Cooperative, notwithstanding the provisions of Title 15, shall give preferential consideration to the bids submitted by the employees who have a combined total of one year or more experience in a journeyman classification or classifications higher thereto in the normal line of progression. (Added 7−1−96) 15.9 When it becomes necessary for Cooperative to lay off employees due to lack of work, the Cooperative shall give employees concerned as much notice as possible; but in no event shall an employee receive less than thirty (30) days' notice of layoff. Where temporary employees are involved, no notice of layoff is required. Layoff in all cases due to lack of work will be determined by Cooperative Seniority and qualifications in accordance with the provisions of Exhibit C. Rehiring of employees who have been laid off due to lack of work will be determined by Cooperative seniority and qualifications. Cooperative will make a reasonable effort to notify those employees who have signified their desire to be rehired, of job vacancies which occur during which a period of time one (1) year following the Unit Member date of the layoff. Those employees rehired under these circumstances will, upon reinstatement, be given all benefits for which they qualify as a regular employee. 15.10 The seniority rights of employees who are members of the armed forces shall accrue while they are absent on military duty or on approved leave of absence. (Amended 7−1−94) 15.11 Both the Cooperative and Union recognize that there will arise situations with respect to partially incapacitated employees, employees displaced by new technologies or revisions of operational procedures, and employees who are temperamentally unsuited for their jobs, and that in such cases the bidding procedure may be returned waived by mutual agreement in order to properly protect the seniority of employees who have given long and faithful service. The Cooperative will discuss such cases with the Union as far in advance as possible with the object of avoiding any inequitable situations which might result. Both parties will endeavor to provide for retention of employees in the Cooperative, in jobs suitable to their capabilities, first in the areas where they are employed at the time, or secondly in other areas of the Cooperative's operations. If after full discussion of such cases and survey of all possibilities available to the solution of the problem, the Union and the Cooperative are unable to agree on a satisfactory solution, the Cooperative shall have the right to make such changes or layoffs, as it may deem necessary, consistent with the provisions of the agreement. 16.1 Prearranged work shall be work for which notice has been given prior to the end of the last regular work period. All other work not regularly scheduled shall be considered as unscheduled or emergency work. In all cases of prearranged work, the employee will furnish the first meal at his own expense. 16.2 If Cooperative requires an employee to perform work for one and one−half (1 ½) hours or more beyond regular work hours, it shall provide him with a meal approximately one and one−half (1 ½) hours after regular quitting time and with meals at intervals thereafter of approximately four (4) hours, but not more than five (5) hours, for as long as he continues such work. The cost of any such meal and the time necessarily taken to consume same shall be at Cooperative expense. Overtime meals shall be limited to $11.50 for breakfast, between the hours of 4 am to 10 am, $12.50 for lunch between the hours of 10 am to 4 pm and $23.00 for all other meals between the hours of 4 pm to 4 am. (Amended 7−1−05) (Amended 7−1−09) (a) On unscheduled or emergency work on non−workdays or outside of regular hours on a workday and on prearranged work after the employee has furnished one meal, the Cooperative shall provide the meals at intervals of approximately four (4) hours insofar as it is possible for the Cooperative to do so, and for so long as the work continues. The time necessarily taken to consume these meals up to one−half (½) hour shall be considered as work time. Where any such work extends into regular work hours, this provision of this Section shall be operative until such time as the employee is released from work for the day. (b) In addition to those meals specifically provided in this Title, it shall be the obligation of the Cooperative to provide meals and the time necessary to consume the same to any employee whose regular meal practices are disrupted for Cooperative convenience or by Cooperative's requirements. These meals shall be furnished as nearly as possible to the normal time for eating regular meals, and shall consist of a position within the unit meal comparable to one disrupted. On non−work day and Holidays normal meal practice for breakfast will be 8:00 AM to 9:00 AM, Lunch 12:00 noon to 1:00 PM, Dinner 6:00 PM to 7:00 PM. (Amended 7−1−98) (c) Nothing in 16.3 shall be construed as altering in any way the lunchtime provisions set forth in Title 6. 16.4 Regular employees who are assigned to temporary work at such distance from their established headquarters that it is impracticable for them to return thereto or to their regular place of abode, shall be allowed actual personal expenses for board and lodging for the duration of such assignment, provided they board and lodge at places to be designated by Cooperative. The time spent by such employee in traveling to such temporary job at its beginning and from it at its conclusion and any reasonable expense incurred therein shall be paid for by Cooperative. 16.5 If on their non−workdays any such employees remain at such designated places, their expenses for board and lodging on such days shall be paid by Cooperative, but if they go elsewhere for their personal convenience Cooperative shall not reimburse them for any expense they incur thereby. If any such employees return to their homes on their non−workdays, Cooperative at its option shall (1) allow them the equivalent of any saving it realizes in their board and lodging costs, or (2) reimburse them for the expenses of round trip transportation by public carrier, or (3) provide round trip transportation by Cooperative vehicle, if such travel is at Cooperative's request. 16.6 An employee who is required to change his residence from one which he/she held locality to another for Cooperative's convenience, shall be supplied, by the Cooperative a means of moving his household goods. 16.7 Whenever a Cooperative employee is required to be reachable by phone and the only phone service that the employee is reachable on is a landline phone then the Cooperative shall bear such expense. (Amended 7−1−11) 16.8 If an employee, who is entitled to meals at Cooperative's expense, does not accept any such meal, Cooperative nevertheless shall allow his time with pay equivalent to the time usually taken to eat a meal, namely, one−half (½) hour and the cost of his/her promotion or transferany unaccepted meal as provided in 16.2 above.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1Seniority as referred to in this Agreement shall mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. All employees It shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure have relevance only where specifically set forth in Article 7 and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement. 2, and every six months thereafter, a seniority list shall be posted by the Employer. Seniority Employees will have two weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. If an employee is hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, such service will be recognized for the purpose purposes of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreementwage and benefit administration and entitlement. In the event employees that an employee elects to bump into the bargaining unit pursuant to Article from other Distribution Centre buildings, previous service earned at that Distribution Centre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood that all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement shall receive full recognition for any service which may have been earned at the Employer's City View Distribution Centre for all purposes under this Collective Agreement. An employee shall be considered on probation and shall have no seniority until he has worked sixty (60) consecutive working days in the bargaining unit. Upon completing such period the employee will be placed on the seniority list as of his last date of hire. An employee on probation shall hold no seniority and the employer shall have the same seniority dateright to discharge, their respective demote, suspend, reprimand, lay off or otherwise discipline a probationary employee providing they act in good faith and in a non-arbitrary manner When filling permanent vacancies and on lay the skills, ability, dependability and qualifications of employees together with the results of any tests deemed by the Employer to be relevant shall be given consideration. If there is any choice to be made between two employees who are otherwise relatively equal, the employee having the greater seniority shall be determined by their respective date of commencement of employment at Rutgersreceive the preference. If employees continue to have the same seniority dateIn all instances, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementregular full time (Material Handlers, seniority shall be calculated from each unit member’s original date of Maintenance and full-time employment with split case) will be given first preference by seniority and then material processors. Recalls from lay off will be conducted by seniority if the University on employee is capable of doing the date job. Regardless of seniority, the Agreement was ratified. 3Chief ▇▇▇▇▇▇▇ will be the last employee laid off and the first to be recalled. The Office When the work force is reduced, employees will be laid off in the following order: material processor and regular full time. Permanent vacancies are defined as vacancies that are expected to or do last in excess of Labor Relations thirty (30) days. Employees within the bargaining unit shall maintain have the opportunity to apply in the event a seniority list of Unit Memberspermanent vacancy in the bargaining unit occurs, a copy of which subject to the criteria set out in article To facilitate such applications any such vacancy shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work posted for a period of two full clear working days. There will be a maximum of three (3) consecutive scheduled working days for a vacancy the original posting to fill the vacancy and the two subsequent for the vacancies created. Any further vacancy that occurs after the second subsequent posting may be filled by the Employer without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgersposting. Where Should the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred successful applicant to a job or position not covered by this Agreement posting be unsatisfactory, he shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within his former job and the unit comparable to the one which he/she held at the time of his/her promotion or transfervacancy may be filled from other applicants if any are qualified without further posting.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1The Employer agrees to the seniority principle. All employees Seniority shall be considered as probationary established for each employee and shall consist of the total calendar time elapsed since the date of his/her employment. Seniority rights terminate upon discharge or quitting. Employees who leave the bargaining unit to accept another position with the City of Oshkosh which is outside the bargaining unit and, within one year of leaving the bargaining unit, return to a position in the bargaining unit, shall retain all accumulated seniority earned in the bargaining unit, shall not earn seniority for time spent outside the bargaining unit, and shall start from zero seniority in his/her division and department. A seniority list shall be posted in each department section, listing the seniority of the employees for in each section. In the event two or more employees have the same start date, the seniority order shall be established by a random drawing of names, with the first 120 calendar days person drawn having the most seniority and so on. The drawing shall occur within the first two weeks of their employment. This probationary period may be extended without concurrence In the event of IAFF Local 5082 for an additional 30 dayslack of work or lack of funds, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at within the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article affected classification shall be based upon an employee’s continuous laid off in inverse order to their length of service in the negotiations unit covered bargaining unit. The affected employee may exercise his/her seniority by displacing (bumping) an employee with less seniority in an equal or lower classifica- tion if he/she meets the Agreementqualifications of that position. In The affected employee may bump into a higher classification provided that he/she has successfully filled such position previously with the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at RutgersCity. If employees continue an employee affected by ▇▇▇▇▇▇ chooses to have exercise his/her seniority as described in the same seniority datepreceding paragraph, their respective seniority shall the following procedure must be determined by alphabetical order of their last namesfollowed: 1. For purposes of The affected employee must bump into a position within his/her division; if this initial agreementis not possible, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified.then 2. The affected employee must bump into a position within his/her department; if this is not possible, then 3. The Office affected employee shall be laid off. Regular, full-time employees shall not be subject to layoff until all part-time, temporary and probationary employees in the section involved are first laid-off. If a lay-off under consideration is to be reduction-in-force lay-off, the Employer shall give the Union 60 days’ notice on full time positions. Employees on lay-off status shall be given 24 hours’ notice of Labor Relations recall for temporary employment without losing the right to permanent recall. Any employee not recalled from lay-off shall maintain be entitled to pay from the date any other person was hired in his stead. Any employee recalled on a seniority list permanent recall shall have the right to return to duty status within the period of Unit Membersnotice required by his then employer. If any employee fails to return to his/her job upon being recalled, a copy his employment shall be terminated. Notice of which such permanent recall and/or terms of employment shall be furnished to the IAFF-5082Union. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work Employees shall be sent by Rutgers by certified mail, return receipt requested, subject to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report recall for work for a period of three eighteen (318) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year months from the date of the promotion or transfer, during which period most recent lay-off. Employees on continuous lay-off in excess of time the Unit Member may eighteen (18) months shall be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferconsidered terminated.

Appears in 1 contract

Sources: Working Conditions Agreement

SENIORITY. (a) Seniority is defined as the last date of hire into a position of the bargaining unit for regular full-time and regular part-time employees. 1(b) Refer to Article 2.05 for regulations governing seniority for term employees. (c) In the event where more than one employee has the same seniority date and seniority needs to be determined, seniority will be determined by lottery. 10.02 The use of seniority is for job bidding, lay-off, recall, and vacation selection purposes. 10.03 The Employer shall maintain a seniority list. All employees An up-to-date seniority list shall be considered sent to the Union and posted on all appropriate bulletin boards in February and September of each year. The seniority list shall include each employee's most recent hire date, seniority date, and service date and classification. 10.04 A newly hired employee on probation shall be entitled to all rights and benefits of this Agreement except for discharge as set out in Article 3.03. After completion of the probationary period, seniority shall date back to the most recent date of hire into the bargaining unit. The probationary period shall be as follows: (a) Regular full-time staff six (6) months from date of hire; (b) Regular part-time staff eight (8) months from date of hire; (c) Casual employees for are covered by Appendix “B” of this Agreement. (d) The manager will provide feedback by the first 120 calendar days midpoint of their employment. This the probation period to the employee and bring forward any performance related issues so that the employee may take corrective action prior to the completion of the probationary period. (e) The probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions three (3) months by mutual consent of the Grievance Procedure set forth Employer and the Union, and in Article 7 such cases the supervisor must meet with the employee to discuss areas for improvement and to establish specific written objectives to improve these deficiencies. Written notification of this Agreementthe extension of the probationary period shall be sent to the employee involved, with a copy to the Union Representative. 2. 10.05 Seniority for the purpose of this article shall be based upon retained but not accumulated when an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated employee is absent from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of work under the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff circumstances: - when an employee is on lay-off for a period exceeding nine of up to two (92) years; - when an employee is on approved leave of absence in excess of twelve (12) months;. d. Failure 10.06 Seniority shall be lost and employment will be terminated when an employee is absent from work under the following circumstances: - resignation; - retirement; - discharged without reinstatement; - after twenty-four (24) months following expiration of short-term disability benefits, unless examined and reported by a legally qualified physician acceptable to the Employer that the employee will be able to return to work within three (3) months of the recalled Unit Member examination; - after two (2) years on lay-off; - failure to notify return from an approved leave of absence; - failure to contact the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service Employer within fourteen (14) calendar days from the date of such notice mailing of reemployment unless a later date is agreed registered letter advising the employee of a potential recall; - failure to by Rutgers. Written notice of recall report to work on the date agreed upon after accepting a recall offer of employment. 10.07 Seniority shall be sent by Rutgers by certified mail, return receipt requested, to lost under the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work following circumstances: - absence without approved leave for a period of five (5) consecutive working days without a valid reason; - failure to report absence from work on account of illness to his/her immediate supervisor within five (5) consecutive working days; - an employee accepts a permanent transfer or a permanent promotion to a position outside the bargaining unit in excess of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldmonths. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall Employer will maintain a seniority list which will record, by job classification as expressed in Appendix A, the names and dates of Unit Members, a copy of which shall be furnished last hire to the IAFF-5082bargaining unit. The Office During the period September to April this list will be comprised of Labor Relations also shall furnish to all employees and individuals defined in Article Section and During the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification May to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval August individuals defined in Article Section will not have seniority rights under this Agreement. This list will be unreasonably withheld. 5posted annually on Union bulletin boards within one month after the execution date of this Agreement. In the event of layoffFollowing thirty days posting, the following list shall apply: Where one or more employees in become final except as to any member who has disputed the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order accuracy of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for during that thirty days because of new or amended information contained in this Agreement for a period the posted list. In such case the list will be subject to adjustment if established to be inaccurate. In the case of one (1) year from lay-offs the date Department is divided into four units Cash Outlets, Residences, ▇▇▇▇▇▇▇ ▇▇▇▇, and Catering. For the purposes of layoffs of four days or less the Food Services units, Cash and Residence will be sub-divided into the following: Delaware, University Drive Residences, Essex, University Community Centre, other cash outlets. Within each of the promotion or transferCash Outlets, during which period Residences, ▇▇▇▇▇▇▇ ▇▇▇▇ and Catering units and each of time the Unit Member may Delaware, University Drive Residences, Essex, University Community Centre, and the Cash Outlets sub-units the following lay-off procedure will be returned to work For the Job Classifications (as outlined in a position Appendix A) seniority within the unit comparable affected job classification shall be given preference. If a member is displaced as a result of the action of and if his/her seniority is greater, he/she may replace the member in that section with the least seniority whose annual salary is the same or less than his/her and whose regular weekly hours of work are the same or less than his/her, provided he/she has the qualifications or capability to perform all of the one work required in the new job classification within a two month trial period. All persons displaced in the above process will be informed in writing and will be provided with a seniority list. Members under the above process who intend to replace another must indicate their intention to do so in writing within two working days after being informed of their impending layoff. The letter of intention must state the name and job classification of the member to be replaced. Where a displaced member replaces another member in another classification and is subsequently determined to be unable to meet all job requirements, he/she will be laid-off without further rights to replace another member and will be subject to recall only within the job classification and section from which he/she held at was originally displaced. For the time purposes of recall, the above process is reversed. Members who replace other members under this section, will be paid the rate applicable to the new job classification. A person shall be deemed to have terminated his/her promotion or transfer.employment with the Employer and shall lose all seniority if he/she:

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees Section 4.1: Definition of Seniority and Application Seniority shall be considered defined as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations bargaining unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective from such employee’s most recent date of commencement hire (anniversary date). Seniority shall accrue but not apply during an employee’s probationary period. Where skill, ability, experience, past performance and quality of employment at Rutgers. If employees continue to have work are equal in the same seniority date, their respective seniority shall be determined by alphabetical order reasonable judgment of their last names. For purposes of this initial agreementthe Employer, seniority shall be calculated from each unit member’s original date the determining factor in all layoffs, transfers/promotions to vacant positions, demotions, and assignments to work in higher wage scale classifications in accordance with Section 5.3 (Assignment to Higher Wage Scale Classifications). The Employer shall administer this Article, including subsections, in a manner that is not arbitrary or capricious. Vacation preference shall be in accordance with Section 11.7. Section 4.2: Layoffs In the event of a layoff, the Employer will determine the number of full-time employment and part-time positions needed in any affected unit or department. Subject to the requirements set forth in Section 4.1 above, the work will be reassigned to the remaining employees based on seniority, providing staffing and scheduling considerations (including weekend and holiday coverage) are satisfied in the judgment of the Employer. Employees shall receive two (2) weeks’ notice of layoff or two (2) weeks’ pay in lieu of notice, plus any unused Paid Time Off (PTO). 4.2.1: SharedWork Program Discussion In the event of a significant layoff of fifteen percent (15%) or more of the bargaining unit employees, the Employer will notify the Union along with employees and within the two-week notice period will, on demand, meet with the University on Union to discuss whether the date Washington SharedWork program can be used. The Employer may implement the Agreement was ratifiedlayoff or utilize SharedWork in its discretion. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which 4.2.2: Recall Employees on layoff status shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for placed on a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work reinstatement roster for a period of three six (36) consecutive scheduled working days without subsequent notification months from the date of layoff. When vacancies occur, employees will be reinstated in the reverse order of the layoff by job classification providing skill, ability, experience and past performance are considered equal in the opinion of the Employer. Section 4.3: Restructuring Restructuring may occur when the Employer determines that the full-time and part-time positions on one or more units, departments or shifts need to Rutgers be reallocated or reconfigured, including as a result of the expansion or consolidation of one or more units or departments, a justifiable excuse for such absence; f. Failure change in staffing or scheduling needs on one or more units, departments or shifts, or changes to report back needed qualifications or skills. If the Employer determines that one or more units, departments or shifts will be restructured, the Employer will give affected employees and the Union at least twenty-one (21) days' notice prior to work the effective date of the restructure, indicating the affected existing units, departments or shifts, the available full-time and part-time positions (along with initial anticipated schedules), and any required qualifications or skills. Upon request, the Employer shall meet with the Union within three (3) consecutive work days upon expiration of vacationthe notice to review the Employer's restructuring plan and procedure. During the notice period, leave employees in the affected existing units, departments or shifts will submit written preference lists for the available full-time and part-time positions. Employees will be assigned to available positions based on their written preference lists, if available, in order of seniority applied as set forth in Section 4.1, provided that staffing, qualifications, skill and scheduling considerations (including absence and weekend coverage) on each restructured unit, department or shift are satisfied in the judgment of the Employer. If the restructuring results in fewer positions, the layoff provisions of Section 4.2 shall apply to any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has employee not provided a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldposition. 5Section 4.4: Job Openings Available regular job openings within the bargaining unit shall be posted electronically on the Employer’s career page website for at least seventy-two (72) hours, excluding weekends and holidays, prior to the filling of such positions. The Employer shall be seeking the most qualified applicant to fill the position. Such job openings shall be filled from applicants applying for the position in accordance with Section 4.1 (Definition of Seniority and Application) of this Agreement. The Employer will maintain at least one computer on the premises that is accessible to employees to access the Employer’s job opening information. 4.4.1: Transfer to Different Position New employees and current employees must be in their present position and shift for at least three (3) months before applying to transfer to another position or shift, unless a shorter period is agreed upon by the mutual consent of the Employer and the employee. Section 4.5: Low Census - Assisted Living Low census shall be defined as a reduction in posted hours of work due to decline in resident care requirements or a period of low need resulting in a temporary staff decrease. During periods of low census, the Employer will first ask for volunteers before implementing this low census policy. In the event of layoffno employee volunteers, the following Employer shall apply: Where one or maintain a list, available for employees to review, of employees by shift and work location for the purposes of rotating employee reductions due to low census. The least senior employee on the list for the affected shift and work location shall receive a low census day off. In the event there is more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from low census position reduction for a shift and work location, the date next least senior employee will receive a low census day off until the list has been exhausted. If an employee receives a low census day off, the employee may use Paid Time Off (PTO) in order to make up for the loss of compensation. The low census roster shall be maintained based on the preceding twelve (12) months and be available for employees to review. If a low census period causing reductions in posted hours of work exists beyond forty-five (45) days, the Employer will reanalyze staffing needs and notify the Union prior to any application of the promotion or transfer, during which period provisions of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferSection 4.2 (Layoffs).

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All 10.01 For the purposes of seniority, employees shall be considered as probationary employees for divided into the first 120 calendar days following Seniority Groups (Classifications): Group No. 1 -Nursing Group No. 2 - Dietary Group No. 3 -Environment 10.02 The Employer shall maintain a seniority list showing the date upon which each employee's service commenced. An up-to-date seniority list shall be sent to the Association and posted on all bulletin boards in January of each year. Upon presentation of proof of error by an employee, or the Association, or the Employer, such error shall be corrected. For Part-Time employees, their employmentposition on the seniority list is determined by the number of hours worked, with greater worked hours having more seniority. 10.03 Seniority of an employee shall be recognized within the bargaining unit. This The length of the probationary period may will be extended without concurrence of IAFF Local 5082 for an additional 30 daysfour hundred and fifty (450) worked hours. If more time is required in which to evaluate the probationary employee, upon notice the time required to IAFF. re- evaluate the employee must be mutually agreed. 10.04 Probationary employees may be disciplined laid off or terminated at any time for any reason whatsoever at dismissed without cause, with the sole absolute discretion of Rutgers and they the Employer. The layoff or dismissal of a probationary employee shall not be the proper subject matter of a grievance. It is understood that the Employer may discharge an employee at anytime for falsification of record. Probationary employees shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementsick leave credits, jury duty/witness leave, bereavement leave, maternity leave, or to Employer contributions due to EHT premiums, or other benefits. 2. Seniority for 10.05 Upon satisfactorily completing the purpose of this article shall probationary period, employees will be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University placed on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list, and their seniority shall date from the date on which they commenced their employment. 410.06 An employee transferring between groups (for any reason) shall relinquish seniority gained in the first group, and take last place in seniority in the group to which he moves. A Unit Member’s He shall retain Company seniority for purposes of vacation, paid holidays, benefits, and lay-offs. 10.07 An employee transferred to a position outside the scope of the bargaining unit will continue to accumulate seniority in the group from which he was transferred, for a period of one (1) year. After one (1) year he shall cease and his/her relinquish all accumulated seniority. 10.08 An employee status shall terminate will lose his seniority for any of the following reasons: a. Resignation or retirementi. The employee resigns; b. Discharge for causeii. The employee is discharged and such discharge is not reversed through the grievance or arbitration procedure; c. Continuous layoff for iii. The employee overstays a period exceeding nine (9) monthsleave of absence or vacation without a cause acceptable to the Employer; d. Failure of iv. The employee is absent for two (2) consecutive working days without notifying the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment Employer, unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, reasons satisfactory to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report Employer are given for the absence and the lack of notification; v The employee accepts Full-Time employment with another Employer, at any time, except during lay-off; vi The employee is laid off; vii The employee is absent from work for a period of three six (36) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will months with an illness that compensation cannot be unreasonably withheld. 5. In the event obtained for from W.S.I.B. or second party insurance from date of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall original injury as defined by W.S.I.B. & will be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications deemed to have voluntarily separated and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement employment terminated. viii The employee is on W.S.I.B., or Second Party Insurance from date of commencement for a period of one two (12) year from period unless the date of the promotion or transfer, during which period of time the Unit Member may staff is on a modified work program by W.S.I.B. 10.09 An employee who has lost his seniority will be returned deemed to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferhave terminated his employment.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees shall be considered 8.01 Seniority is defined as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations bargaining unit covered and shall include service with the Employer or predecessor employer prior to the certification or recognition of the Union for the School Board Employees affected by the 1996 Halifax Regional School Board amalgamation. Seniority shall be used for filling positions, lay-off, permanent reduction of the workforce, location of work, and recall as set out in the other provisions of this Collective Agreement. In the event employees have the same seniority date, their respective seniority Seniority shall operate on a bargaining unit wide basis. (a) All newly-hired Employees shall be determined by their respective on probation for a period of one hundred fifty (150) days from the date of commencement hire. Upon successful completion of employment at Rutgers. If employees continue to have the same seniority dateprobationary period, their respective seniority the Employee's name shall be determined by alphabetical order placed on the Employer's seniority list effective the first day of their last names. For purposes the probationary period. (b) All reasonable efforts shall be made to inform probationary Employees of work performance concerns and, when possible, the Employee shall be given the opportunity to improve. 8.03 There shall be no responsibility on the part of the Employer with respect to the employment of probationary Employees discharged during the probationary period, and in such cases probationary Employees may not avail themselves of the grievance and arbitration procedure. 8.04 Subject to Article 8.03, the Employee shall be entitled to all other rights and benefits of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with Collective Agreement during the University on the date the Agreement was ratifiedprobationary period. 3. 8.05 The Office Employer shall, by February 15th of Labor Relations shall maintain each year, place a seniority notice confirming the list of Unit Members, has been posted in each Employees mailbox; supply a copy of which the updated Seniority list to each site and supply a copy of the updated list to the Union office. The updated list shall show the name of the Employee, the date of hire, seniority in years and the Employee’s classification. The Union’s copy of the list will include site and percentage for each Employee. 8.06 Challenges regarding errors or omissions to the posted seniority list shall be furnished made in writing within thirty (30) calendar days of the posting of the list. Challenges may only be made by Employees newly added to the IAFF-5082list or Employees whose seniority has changed since the last list. All Employees who challenge her/his seniority shall receive a response from the Employer confirming her/his seniority date. 8.07 When two or more Employees are hired on the same day, the names will be drawn in the presence of two Union representatives. The Office first name drawn shall be the most senior and subsequent draws will indicate the descending order of Labor Relations also seniority. 8.08 Prior to June 1, the Employer shall furnish to provide the IAFF-5082 copies Union an updated seniority list showing the name of the monthly reports reflecting changes Employee, the date of hire, seniority in years, site and percentage and the Employee’s classification. There shall be no challenges to this seniority list. 4. A Unit Member’s (a) An Employee will lose all seniority shall cease rights and his/her employee status shall terminate for any of privileges in the following reasonsevent the Employee: a. Resignation or retirement(i) is discharged for just cause and not subsequently reinstated; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9ii) months; d. Failure of the recalled Unit Member to notify the University she/he resigns in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept and does not withdraw such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work resignation within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will working days; (iii) is not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff within twenty-four (24) consecutive months after a layoff; (iv) is absent without leave for three (3) days without permission or notice giving an acceptable reason for the absence except in order of their seniority provided that they have the requisite qualifications and ability to perform the work availableexceptional circumstances. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain (b) An Employee will lose all seniority rights and accumulate his/her seniority as provided for in this Agreement for a period of one privileges after six (16) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work months in a non bargaining unit position within with the unit comparable to the one which he/she held at the time of his/her promotion or transferHalifax Regional School Board.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All (a) Upon completion of sixty (60) days worked, employees covered by this Appendix shall be considered as probationary employees for the first 120 calendar days of deemed to have served their employment. This probationary period and then shall be placed on the seniority list of part-time employees with their seniority commencing on their first day worked. It is understood between the Employer and the Union that a probationary employee may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever dismissed during his probationary period at the sole discretion of Rutgers the Employer and no Arbitrator shall have the jurisdiction to entertain any grievance filed as a result of such termination. (b) Employees shall obtain seniority on a store basis. The seniority list for part-time employees shall be posted in each store and shall be updated at the end of March, June, September, December of each calendar year. (a) Seniority shall begin after the employee's probationary period has been served. Lay-offs and re-employment shall be based on seniority, availability, ability and qualifications to perform the work. Where a part- time employee who becomes a full-time employee they will be required to serve the full-time probationary period and will be given a seniority credit of fifty (50%) percent of their part-time seniority up to a maximum of twelve (12) months and they will be given the greater of their part-time rate or the rate which their full-time seniority credit gives them and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service proceed from that point in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with wage progression. If for some reason the University on employee reverts to part-time during the date the Agreement was ratified. 3probationary period there will be no loss of seniority. The Office seniority rights of Labor Relations shall maintain a seniority list of Unit Members, a copy of which an employee shall be furnished terminated after six (6) months following lay-off due to the IAFF-5082. The Office lack of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5work. In the event of layoffan opening occurring in the full-time staff, employees covered under this Appendix shall receive preference for such full-time position providing they have the necessary seniority, ability and qualifications to perform the work. (b) Part-time employees are expected to attend work in accordance with their schedule of hours. When unable to attend, the following shall apply: Where one employee must notify the Owner, or more employees in designate prior to his scheduled starting time, giving the same title performing the same functional tasks in the same reason why he is unable to attend. (a) The weekly schedule of hours of work unit are being laid off, layoff shall be implemented in reverse order of allotted according to seniority, provided by store, providing the senior employees employee(s) has the requisite necessary ability and qualifications and abilities to perform the work and is available, other than teaching duties. 6. Unit Members shall be recalled For clarity the Owner will schedule part time hours so that the senior part time employee(s) will have the opportunity to work from layoff a weekly schedule of hours that may be up to twenty-eight (28), but in order of their seniority no event less than a junior part time employee(s), provided that they have the requisite necessary ability and qualifications and ability to perform the work and are available. In the event of hours of work becoming available, within a given week, beyond the schedule of hours for that given week, due to approved absences, sickness, compensation, bereavement and/or an unanticipated increase in business; the Owner will call the most senior part time employee not scheduled that day provided the employee is available and has the qualifications to perform the available work. 7. A Unit Member who is promoted or permanently transferred to a job or position (b) The assignment of hours as set out in 2.03 (a) will result in the schedule of daily hours being posted not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date later than Thursday at 4:00 p.m. of the promotion or transferprevious week. The store ▇▇▇▇▇▇▇ will be given a copy of work schedules. Employee's meal periods will be based on the commencement of their shift. 2.04 It is agreed and recognized by both the Union and the Employer that due to the nature of the Employer's business, during which period of time the Unit Member it may be returned 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: - a) when a position within full-time employee is absent on Union duties; b) in a store in which an employee is absent due to illness, accident, compensation or bereavement or an emergency (power failure, snow storm, refrigerator breakdown, etc.) in the unit comparable said store; c) to cover off for vacations; d) where an employee is on a leave of absence provided the Union is notified of such leave of absence; e) from the week of December 1st to the one week of January 1st; f) during the months of May 1st through September 1st; g) for the two (2) weeks previous to and eight (8) weeks directly following the opening of a new store and the commencement date of promotional activities in a store which he/she held at has been completely refurbished. h) during the six (6) working days immediately preceding a legal holiday; i) for training purposes for new employees; or for training purposes for new locations, or new equipment. j) during promotional periods which shall be defined as Insiders, Garden Centre and the week in which Social Assistance Cheques are issued. 2.05 Part-time employees shall be covered by Article 10.06 of his/her promotion or transferthe main body excluding 10.06 (g).

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All 8.1 Seniority for employees shall be considered defined as probationary employees for length of continuous service with the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at Employer in the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreementbargaining unit. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications 8.2 Fitness and ability to perform the work availablerequired being adequate, preference in available hours shall be given to senior employees within the plant insofar as this is consistent with their availability and willingness to perform the work. 78.3 Warehouse employees shall not be employed or scheduled to the extent that it results in the displacement of Core Production employees provided Core Production employees are willing to perform the work required. 8.4 During the first three hundred and sixty (360) hours of employment, all new employees are on probation and the Employer has the right to dispense with the services of any probationary employee and the probationary employee shall not have recourse to the grievance procedure. 8.5 A seniority list must be posted in a position where all employees have access to it, and an employee may protest any listing within thirty (30) days after the seniority list has been posted. A Unit Member who The seniority list must be updated each six (6) months, with a copy of the seniority list to be furnished to the Union. 8.6 In all matters concerning the establishment of new jobs, promotion, demotion, transfer, lay-off, or re-call from lay-off, full consideration shall be given to merit, ability, and seniority, in that order, and where one or more employees are of equal ability, seniority shall be recognized as the deciding factor. 8.7 The Employer will afford all Core Production employees ample opportunity to be trained in all job functions, so that rotation of the employees can be conducted in a reasonable manner. Fitness and ability being adequate, there shall be a fair rotation of job functions. 8.8 The seniority rights of any employee will be considered broken, all rights forfeited, and the Employer is promoted under no obligation to re-hire, when he or permanently transferred she either: (i) Voluntarily leaves the service of the Employer or is discharged for cause; (ii) Fails, after reasonable notice, to a job return to work when recalled, within one (1) week after mailing of notice by registered mail to his or position not covered by this Agreement her last known address, for which purpose the employee shall retain keep the Employer advised of his or her current telephone number and accumulate his/her seniority as provided for in this Agreement address, or; (iii) Has been laid off for a period of one twelve (112) year from the date of the promotion months or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferlonger.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees 29.1 A seniority list shall be considered as probationary employees for the first 120 calendar days compiled no less than once per month and each permanent employee shall be placed thereon upon completion of their employment. This probationary period may in accordance with their term of continuous service with the Corporation from the employee’s last starting date. Copies of said seniority list will be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice forwarded to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers Recording Secretary and they shall not be entitled to utilize the provisions Unit Chairperson of the Grievance Procedure set forth in Article 7 of this Agreement. 2Union. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same Where more than one employee has a common seniority date, their respective the greater seniority shall be determined by their respective date of a random lot draw supervised and conducted by the Union at commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment employment. (a) When a permanent vacancy occurs on any shift, the permanent employee with the University most seniority on any shift shall be given the option for transfer to the permanent vacancy within their occupation. The transfer will become effective as soon as a replacement becomes available, or at such earlier date deemed suitable by the Corporation. (b) Permanent employees hired for the night shift may be permitted a minimum of two (2) weeks and up to a two (2) month trial period on the date day shift before being assigned to the Agreement was ratifiednight shift, and during such trial period, no permanent employee, as a result thereof, will be displaced from their assigned shift. 3(c) When appointing an employee to a temporary work assignment necessitated by fluctuating workload, a notice of such temporary work assignment will be posted. Due regard will be paid to seniority between qualified applicants when such an appointment is made. The Office above will apply only to temporary work assignments of Labor Relations more than sixty (60) working days duration. If there is a preferred shift involved such as days, first consideration must be given to qualified employees by seniority. (d) An employee covered by C.U.P.E. Local 68 Civic Employees Collective Agreement who is selected for a position covered by the C.U.P.E. Local 68 Mechanics Collective Agreement shall maintain a receive full credit for all seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes earned in the seniority listCivic Employees Bargaining Unit. 4. A Unit Member’s seniority shall cease and his/her employee 29.3 Seniority status shall terminate once acquired by permanent employees will be lost only for any of the following reasons: a. Resignation or retirement(a) Voluntary resignation; b. (b) Discharge for causeJust Cause not reversed through the Grievance Procedure; c. (c) Continuous layoff non-employment by reason of layoff, sickness or accident for a period exceeding nine of time equal to one- half (91/2) the length of their seniority at the time the absence or layoff commenced, or for a period of twenty-four (24) months, whichever is the lesser; d. (d) Subject to the provisions of Article 14 herein, continuous non-employment for any reason not identified above, for a period of time equal to one-half (1/2) the length of their seniority at the time the absence commenced or for a period of twelve (12) months, whichever is the lesser; (e) Failure of the recalled Unit Member to notify the University in writing signify intention to return to work after recall from layoff within seven (7) calendar days of receipt of following proper notification of recall that he/she intends by the Corporation by Registered Mail sent to accept such offer of reemployment. An the permanent employee accepting such an offer of reemployment must at the last address provided by the permanent employee to the Corporation, and failure to return to active service within fourteen work after an additional seven (147) calendar days of following such notice of reemployment unless notification. If a later date is agreed permanent employee notifies the Corporation within said seven (7) calendar days that they are unable to by Rutgers. Written notice of recall return to work shall within the prescribed time for a legitimate reason, their name will not be sent by Rutgers by certified mailstruck from the seniority list. Their name, return receipt requestedhowever, to may be passed over and the Unit Member’s last known address next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as shown on Rutgers personnel recordssickness, death in the family, accident and other legitimate reasons; e. Failure to report for (f) Absence from work without justifiable excuse for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5days. In the event of layoffthat a permanent employee has so lost their seniority status, they shall no longer be regarded as a permanent employee covered by this Agreement, and the following Corporation shall apply: Where one or more employees not be obligated to rehire them. 29.4 If any permanent employee having served their probationary period becomes disabled and unable to continue in their regular job, then preference will be given to them in filling any other job vacancy for which they have the same title performing the same functional tasks in the same work unit are being laid offskills, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform fill at the work available, other than teaching dutiesprevailing rate for the new job within the Bargaining Unit. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. 29.5 A Unit Member who is permanent employee, transferred or promoted or permanently transferred to a position outside of the Bargaining Unit but within the Fleet Department shall continue to accumulate seniority the same as if they were working at the job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement at which they were working when so transferred for a period of one six (16) year from calendar months, unless prior to the date expiration of the promotion or transfer, during which period of time the Unit Member may be six (6) calendar months they are returned to work the Bargaining Unit, in which case the Union shall be advised in writing a minimum of forty-eight (48) hours prior to their return. If a promoted or transferred permanent employee returns to their former position within the unit comparable six (6) month period referred to the one which he/she held above they shall be placed at the time bottom of his/her promotion or transferthe seniority list for work preference until the next signup.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. Employees covered by this Agreement shall have seniority rights in grade and said seniority shall prevail with regard to the following: 1A. Transfers to any division, department, or position by whatever names the transfer may be labeled, except those that are filled by promotional or eligibility lists as established by the Personnel Director according to the Personnel Ordinance and Town Charter, except as otherwise provided in this Agreement. All employees shall be considered as Also, probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize included. B. Days off, holidays, and vacations, provided however, that an employee may reject the provisions position or benefit at his discretion without the need of any explanation on his part. Further, in the event that employee shall reject a position or benefit, it shall not be construed as a waiver of his seniority rights in any subsequent situation where seniority would prevail. C. The seniority of Privates shall be determined by the length of time said Private has been on the Payroll of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the AgreementBarrington Fire Department as a member thereof. In the event employees have more than one Private went on the payroll of the Barrington Fire Department on the same day, class ranking and probationary evaluations shall determine seniority. In the event there is no formal class held seniority datewill be determined by lot. The seniority of officers shall be determined by length of time in grade. When more than one Officer was or is appointed to the same rank on the same day, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If seniority on the Barrington Fire Department. D. A bid system under which employees continue may bid for transfers to have the same seniority datestations, their respective seniority platoons, or apparatus shall be determined by alphabetical order of their last namesestablished. For purposes of this initial agreement, seniority The successful bidder for any job shall be calculated from each unit member’s original date entitled to a reasonable trial period of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine not more than sixty (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (760) calendar days to determine whether he can acquire the skills necessary for the performance of receipt said job in a reasonably satisfactory manner: provided, however, that in such cases where the Town and the Local so mutually agree, such trial period shall not be mandatory. At the end of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen sixty (1460) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or trial transfer, the employee shall be considered as being transferred in accordance with the provisions of this Section, except in cases where the Town and Local may mutually agree to extend such trial period. If, during which the trial period, the Town removes the employee from such position for alleged lack of reasonable progress in said position, the employee shall have the right to file a grievance in accordance with the provisions of this Agreement. The term "reasonable progress" as used herein shall mean a comparison of the progress of the employee involved with the performance on said job of the average employee performing such work. Any disputes over the reasonableness of the trial period and/or the progress of time the Unit Member may employee on the job shall be returned to work in a position within the unit comparable subject to the one which he/she held at the time of his/her promotion or transfer.grievance procedure as previously mentioned. (Arbitrator ▇▇▇▇▇▇ ▇. ▇'▇▇▇▇▇)

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for For the first 120 calendar days purposes of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time determining eligibility for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled benefits provided pursuant to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. , Overall Seniority for the purpose of this article shall be based upon an employee’s is defined as continuous length of service in years, months and days from the negotiations last date of hire. Classification Seniority is defined as continuous length of service in years, months and days from the last date of hire in a classification of the Employer. Classification Seniority shall apply to layoff and recall situations. The Employer shall provide the Union with an accurate and updated Overall Seniority list and Classification Seniority List within thirty (30) calendar days of the ratification of this Agreement, and on an annual basis thereafter as of August 1st of each year. For any Employee hired into the bargaining unit covered by after the Agreementannual notice period, the Employer shall provide the Union and the Employee with Employee’s hire date and classification. In New Employees do not have seniority status during their probationary period. At the event employees have end of the probationary employment period, seniority will date back to the initial date of employment. Independent Contractors, On-­‐Call Employees and temporary Employees shall not accrue seniority for any purpose. However, for seniority purposes if such Employees are subsequently hired as Full time or Part-­‐Time Employees the date of the change to regular employment will be used. If the last hire dates of two or more Employees are the same seniority dateday, their respective placement on the seniority list shall be determined by their respective date of commencement of employment at Rutgersthe following: • Date first worked: and • If tied after above, by coin toss. If employees continue to have the same seniority date, their respective seniority Classification Seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority used to determine overtime decisions (opportunity to accept or reject overtime shall be calculated from each unit member’s original date afforded in seniority rotation order to the Employee(s) in the job classification in the site who is scheduled to be present at the beginning of full-time employment with the University overtime period). It is understood that relationship-­‐based needs of the children and/or their families may require a specific Employee or Employees to work overtime, notwithstanding seniority considerations. In such situations, the Employer shall specify the unusual circumstances, which shall not be arbitrary or capricious. Seniority shall be used to determine vacation schedules in cases when vacation schedules conflict. Overall Seniority and Classification Seniority shall be broken by discharge for cause, resignation or by six (6) consecutive months on layoff status. Leaves of absence granted by the employer in writing shall not be counted as part of such six (6) month period unless the Employee fails to return to work on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of specified; in which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and case his/her employee status employment shall terminate for any be considered terminated as of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of date the recalled Unit Member Employee failed to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldwork. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Union Agreement

SENIORITY. Section 1. All employees A seniority list, by classification, shall be considered as probationary established naming all the employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of covered by this Agreement. 2, with the employee with the greatest seniority (years of service) listed first. Seniority shall be based upon the employee's last date of permanent hire. Seniority, for the purpose of this article Agreement, shall be based upon an employee’s continuous length a major factor in all matters affecting layoff, recall, vacation preference and shift preference. Section 2. All new employees shall serve a six (6) month probationary period starting with his/her first day of service in employment and will be added to the negotiations unit covered by seniority list at the Agreementend of said six month probationary period. Section 3. In the event it becomes necessary for the Employer to layoff Public Works employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mailreason, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain be laid off in the inverse order of their seniority within the Department of Public Works , by classification with bumping rights within the Department of Public Works in those instances where the employee is qualified for the position to be continued. All affected employees shall receive a two (2) calendar week advance notice of layoff, and accumulate his/her seniority as provided the Employer shall meet with the affected employees prior to the actual occurrence of layoff. Employees shall be recalled from layoff according to their seniority. No new employees shall be hired for in a position covered by this Agreement until all employees within the Department on layoff status have been afforded recall notices. Section 4. The seniority list shall be brought up-to-date on January 1st of every year and immediately posted thereafter on bulletin boards for a period of one not less than thirty (130) year days, and a copy of same shall be sent to the Union and the ▇▇▇▇▇▇▇. Any objections to the seniority list, as posted, must be reported to the Employer within ten (10) days from the date posted or it shall stand as accepted. Section 5. All permanent job openings and/or vacancies shall be posted by the Employer for bid as soon as such opening and/or vacancy becomes available. This provision shall also apply to temporary job openings that are likely to last thirty (30) or more calendar days. Seniority is defined as continuous service with the department from the date of permanent hire. Seniority shall not be invoked to move from shift to shift if there are no job openings, with the promotion exception that when, employees are displaced by the elimination of jobs through job consolidation, installation of new equipment or transfermachinery, during which period curtailment or replacement of time the Unit Member may existing facilities or for other reasons, they shall be returned permitted to work in a exercise their seniority right to transfer to any other position within the unit comparable department. In the case of displacement under the above referenced circumstances, such employees transferred as a result shall be given a limited amount of training at a minimum expense to the one which he/she held at the time of his/her promotion or transferemployer with such training designed to allow them to avoid layoffs.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 1. All employees 28.1 It is hereby agreed that the parties hereto recognize seniority within a class of position in all cases of shift preference, transfer, days off, vacation time, and holiday time. (a) Classification seniority is defined as length of service within a class of position within the bargaining unit. (b) State seniority shall be considered defined as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in which an employee has worked for the negotiations State of Rhode Island. (c) The president, vice-presidents, secretary, treasurer, and corresponding secretary of the Union, nine elected unit representatives, nine elected stewards, three at large stewards and four trustees (total not to exceed 30 employees) all have the highest seniority of all employees in the bargaining unit for purpose of layoff and recall only. 28.3 All new and vacant positions to which recruitment is to be initiated shall be posted on bulletin boards in all work areas at special predesignated posting sites selected upon recommendation of the Union and approval by the Appointing Authority so as to maximize awareness within the bargaining unit for a period of seven calendar days and notice of such vacancies shall be sent to the Union at the time of posting. Employees applying for such vacancies shall make a request in writing to the Personnel Officer or appropriate administrative officer of the agency where the vacancy exists, not later than three days after the posting period has ended. Interviews by the appropriate administrative official shall be mandated in the case of employees bidding for vacant positions, provided such employees meet the eligibility requirement. As soon as personnel action forms are prepared by the agency to effect an appointment to a vacancy in the bargaining unit, the Union will be notified as to the name of the appointee and the effective date of the appointment. The appointing authority or his designee will provide the Union with the original six (6) certifications from a list of eligibles that have been forwarded to the agency by the Office of Personnel Administration for recruitment to a bargaining unit vacant position. Vacancies shall be filled from within the bargaining unit wherein the vacancy exists from the top six (6) bargaining unit seniority employees on the certified promotional list. Promotions shall be awarded on the basis of consideration of merit qualifications. Such factors include but are not limited to education, work performance, attendance, experience and character. Where there are less than three (3) employees eligible for appointment from a certified promotional list, then any other suitable list of eligibles certified by the Office of Personnel Administration may be used and appointment shall be made from among the top six (6) bargaining unit seniority employees who may be eligible for appointment from said list. Where there are less than three (3) eligible employees from within the bargaining unit covered by the Agreementcontract on the certified list, an effort will be made to fill the vacancy from within the bargaining unit; however, selection shall not be mandated to be made from within said unit. In Where no lists exist for certification, an effort will be made to fill the event employees have vacancy from within the same seniority datebargaining unit; however, their respective seniority selection shall not be mandated to be made from within said unit. An effort shall be determined by their respective date defined as follows: (a) Posting of commencement notice for vacancy to which recruitment is sought; (b) Accepting applications and a conscientious review of employment at Rutgerseach applicant’s qualifications; (c) Quantitative evaluation of the applicant’s total past work experience, education, certifications, in-service training, and documented preparation for positions of increased responsibility; (d) The relating of such qualifications and experience to the official required qualifications (knowledges, skills, and capacities) for appointment; (e) The character of the applicant; (f) The potential of the applicant to carry out the duties of the position; (g) The applicant’s past attendance and work record; (h) The applicant’s State service seniority. If employees continue to have the same seniority date, their respective seniority The vacancy shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work filled within three (3) consecutive work days upon expiration pay periods after the bidding is completed. (a) Employees may bid for "a lateral transfer" to vacant positions within the bargaining unit on the basis of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgersclassification seniority. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will An employee so transferred shall not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall eligible to again be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they so transferred until three (3) months have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year expired from the date of the promotion latest transfer. (b) During seasonal declines in the workload, the State shall continue to transfer, if necessary, for lack of work, some personnel to positions within the Department of Transportation or transferwithin some other agency of state government to the extent it is possible, during which period time, they will enjoy the full seniority rights and benefits provided for by Local 400's contract. The parties agree that when such transfers occur, they will be of time a temporary nature. In addition, the Unit Member may parties agree that if such transfers exceed three (3) months in duration, it will be returned by mutual consent of the parties only. During such transfers, the employee or employees affected shall continue to work in a position accrue full seniority within the bargaining unit comparable covered by this contract, and shall not suffer the loss of any benefits to which members of the one which he/she held at bargaining unit covered by this contract are entitled. When such transfers are made, the time appointing authority or Personnel Officer shall notify the Union in writing of his/her promotion or such transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1There shall be five (5) separate seniority lists as follows: Armoured Car; Money Room; Coin Centre; ▇▇▇▇▇▇▇. All Seniority for full-time employees shall be considered as probationary determined by the date on which such employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any become full-time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2employees. Seniority for the purpose of this article extra employees shall be based upon an employee’s continuous length of service in the negotiations unit covered determined by the Agreementdate on which such employees are placed on the full time and extra armoured division list. In the event Seniority for part time employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority hire date, their respective seniority the date on which such employees commenced part time employment with Brink's (i.e. employees first active day on the employers payroll, first active date employee punched time card and time of start as a part time employee). Seniority shall be determined by alphabetical order recognized for employees and shall prevail in the following respects: In the selection of their last names. For purposes vacation; In the layoff and re-hiring of this initial agreement, seniority employees; provided the ▇▇▇▇▇▇▇ shall be calculated from each unit member’s original date deemed senior employee with respect to layoff; In cases of promotions, provided the ability and qualifications of employees considered for promotion are relatively equal. Any employee who has been promoted to a higher classification shall his overall seniority into said classification. In the event an employee, having had a reasonable trial period, does not meet the Employer's requirements for the new position, that employee shall be restored to his former position and retain his seniority. Extra employees shall be given preference, by seniority, to all work assignments in excess of work guaranteed to full-time employment with employees up to a maximum of forty (40) hours per week. Extra employees shall enjoy seniority over part-time employees. Work assignments for part time employees will be scheduled from a part time availability list according to seniority provided employees are qualified to perform the University work required. Part time employees will be required to make themselves available for a minimum of five (5) shifts per month, should those shifts work be available. Part time employees will be required to make themselves available a minimum of two (2) weekends per month (weekend being Saturday and Sunday). These shifts shall count towards the above noted minimum. Part time employees will be required to submit the days they are available on the date posted schedule for a two (2) week period. When this two (2)week schedule is made up the Agreement was ratified. 3shifts hours submitted, part time employees will be required to be available for the scheduled shift. Employees will be required to perform all duties in the classifications. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which Employer will post the part time availability list. Full-time and extra employees who shall be furnished laid off shall retain seniority and recall rights for a maximum period of one (Iy)ear. Recall shall be by registered letter to the IAFF-5082employee's last known address. The Office of Labor Relations also shall furnish Employees must report to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing work within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days after delivery of such notice letter. Employees who fail to report within seven (7) days shall lose seniority and recall rights. Whenever hours of reemployment unless a later date is agreed work per week equal to by Rutgers. Written notice the weekly guarantee of recall to work hours provided for full-time employees, as provided for under Article above, shall be sent by Rutgers by certified mailregularly available on the Employer's armoured cars to part-time employees in excess of the regularly scheduled work then guaranteed to full-time employees, return receipt requestedand exclusive on call of relief for employees absent, on vacation, emergency relief, Sunday, holiday and Special Night Work, an additional employee shall be added to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure list of full-time employees. Such vacancy shall be filled by the promotion of the most senior extra employee to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5full-time status. In the event of layoffthere are no extra employees, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff such vacancy shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutiesfilled from normal employment sources. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees 10.01 New Employees shall be considered regarded as probationary employees Employees until their names have been placed on the seniority list. There shall be no responsibility for the first 120 calendar days re- employment of their employmentprobationary Employees if they are laid off or discharged during this period. This New Employees shall serve a probationary period may of sixty (60) days worked during which no seniority rights shall be extended without concurrence of IAFF Local 5082 for an additional 30 daysearned by such Employee, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever except that at the sole discretion termination of Rutgers and they shall not be entitled to utilize such probationary period the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employeeEmployee’s continuous length of seniority service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original initial date of full-time employment hire. Company benefits will commence upon the completion of the probationary period (as per Article 15.01). The Company with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies concurrence of the monthly reports reflecting changes in Union (as per Article 2.01) may extend the seniority list. 4probationary period by thirty (30) days worked. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept Any such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval request will not be unreasonably withhelddenied by the Union. 5. a) As soon as reasonably possible after hiring, new Employees will be introduced to the department Shop ▇▇▇▇▇▇▇ and Health and Safety Representative. b) In the event of layoff, the following shall apply: Where one two (2) or more employees in Employees having identical seniority the same title performing Department Shop ▇▇▇▇▇▇▇ will arrange and supervise a random draw between the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse Employees affected to determine their order of seniority. The Company will be advised immediately, provided in writing, the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutiesresults of such draw. 610.02 In cases of increase and decrease of force, seniority shall prevail. Unit Members Shop Stewards will be given a list of the Employees affected. a) Classification - When a lay-off becomes necessary, Employees will be laid off as per their seniority within their designated classification starting with the most junior Employee to the most senior, recall shall be recalled in reverse order. The classification subject to lay-off will depend on the Company’s needs. Classifications are as follows: ▪ Journeyman Technicians ▪ Apprentice Technicians ▪ Shipper/Receivers, Inventory Control Clerks ▪ Drivers ▪ Journeyman Technicians ▪ Apprentice Technicians ▪ Labourer b) When there is a temporary work from layoff in order of shortage on a shift, management will ask for volunteers on the effected shift to not work their seniority provided that they have the requisite qualifications and ability to perform the work availablecurrent shift or upcoming shift. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. ‌ 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days(a) In cases where performance, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers ability, and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreementqualifications are approximately equal, seniority shall be calculated from each unit member’s original date of full-time employment the deciding factor when decisions are made with regard to filling a posted position. The Director/Manager responsible for the University on the date the Agreement was ratifiedposted position shall meet with all internal applicants in person or by telephone prior to a decision being made. 3. The Office of Labor Relations (b) Seniority shall maintain a seniority list of Unit Members, a copy of which shall not be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes considered in the seniority listassignment of work to casual hourly- rated nurses. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9c) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of a proposed layoff of any employee, the Employer will give the Union thirty (30) calendar days’ notice. At the meeting where notice to the Union is given, the Employer will provide the reasons causing the layoff, the following expected duration of the layoff, and the names of the employees affected by the layoff. The notice of layoff to the employee shall apply: Where one or more be in accordance with the Employment Standards Act. A copy of 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 made on the basis of the 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 same title performing the same functional tasks in the same work unit are being reverse order to which they were laid off, layoff shall be implemented in reverse order of seniorityprovided, provided the senior employees has the requisite qualifications and abilities however, they are qualified to perform do the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work job openings then available. 7. A Unit Member who is promoted 5.2 In the event that the Employer shall merge, amalgamate or permanently transferred combine any of its operations or functions with another Public Body, the Employer will use its best efforts to a job or position not covered by ensure retention of all seniority rights of its employees with the successor employer. (a) For all provisions of this Agreement Agreement, seniority shall retain commence and accumulate from the nurse’s last date of hire by the Employer, or the former employers, Middlesex County Health Unit or London Department of Health. (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. Seniority for full-time nurses will be from date of hire and seniority for part-time nurses and casual hourly-rated nurses will appear on the basis of hours paid. (c) A nurse’s full seniority and service shall be retained by the nurse in the event that the nurse is transferred from full-time to part-time or casual hourly-rated and the 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 provided may be the case, shall receive credit for in this Agreement for a period 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 pro rated at the time of transfer. (d) 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 date from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transferemployment.

Appears in 1 contract

Sources: Memorandum of Agreement

SENIORITY. ‌ 1. All A. The present seniority rank of all present bargaining unit employees of the COMPANY shall be considered indicated on the seniority charts prepared by the COMPANY and shown as probationary employees for Exhibits "B" & "C", attached hereto and made a part hereof. B. Additions to, and changes in, the seniority charts shall be made in accordance with the following rule: Seniority shall begin when an employee is first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for hired by the COMPANY, except that, when an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined employee has been dismissed or terminated at any time for any reason whatsoever at has voluntarily left the sole discretion of Rutgers and they shall not be entitled to utilize the provisions employ of the Grievance Procedure set forth COMPANY and has later been rehired, seniority shall begin when such employee was last hired. C. Seniority shall exist in Article 7 two forms: Company Seniority and Departmental Seniority. D. Departmental Seniority is listed according to the hiring dates of all employees working within a particular department of the COMPANY. The Departmental Seniority List establishes the order by which the employees listed thereon will be considered, as provided for in this Agreement, for layoffs, vacation assignments, rehiring, promotions, and permanent transfers within a department covered by this Agreement. 2E. Company Seniority is listed according to the hiring dates of all employees within the bargaining unit. The Company Seniority for List establishes the purpose of this article shall be based upon an employee’s continuous length of service order by which employees in the negotiations bargaining unit covered by will be considered, as provided for in this Agreement, for promotions and permanent transfers between departments of the AgreementCOMPANY and for rehirings to positions not located in the departments from which the layoffs occurred. F. An employee transferred to a supervisory position with the COMPANY and later returned to a position within the bargaining unit, shall not continue to accumulate his seniority while the employee is in the supervisory position. Section 2. In the event promotion of, and filling of vacancies, by employees have covered by this Agreement, within and between departments of the same bargaining unit, the appropriate seniority datewill govern, their respective seniority subject to qualifications of fitness and ability. If the selection of the applicant for the promotions, filling of vacancies, or newly created jobs, is other than the senior applicant, the question of fitness and ability may be subject to the grievance procedure and arbitration under this Agreement, if the UNION claims the COMPANY has exercised its rights for unjust reasons. A. When forces are increased in any division, furloughed employees shall be determined given preference over applicants not previously employed by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority dateCOMPANY, their respective seniority shall be determined if they are qualified by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications fitness and ability to perform the work availablein the division of service affected. B. Furloughed employees, if offered work, in writing by registered or certified mail by the COMPANY, for which they are qualified, must accept it in writing and report for work within seven (7. ) days after the offer is made; and furloughed employees, failing to accept work so offered and to return to work as aforesaid, shall be considered terminated. C. A Unit Member furloughed employee who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of reemployed within one (1) year from the date on which his furlough begins shall be deemed terminated; provided, however, that if such employee, within the twelfth month from the date on which his furlough begins, notifies the COMPANY, in writing, that he desires to be considered as still on furlough for a second year, he shall not be deemed terminated unless he is not reemployed within two (2) years from the date on which his furlough begins; still further provided that, if such employee, within the twelfth month from the date on which his second year's furlough begins, notifies the COMPANY, in writing, that he desires to be considered as still on furlough for a third year, he shall not be deemed terminated unless he is not reemployed within three (3) years from the date on which his furlough begins. D. Furloughed employees shall, during the period of their furlough, have no rights of an employee under the terms of this Agreement, other than the rights granted them in this section. A furloughed employee, recalled to work prior to the expiration of his recall period shall retain his original seniority date provided that he has complied with the provisions of the promotion or transferContract governing said recall period. The employee's longevity rights, accumulated prior to his being furloughed, shall be added to his time worked after his return to work following said furlough, provided that he is recalled prior to the expiration of his recall period and has complied with the provisions of the Contract governing said recall period. The provisions of this clause shall be retroactive. A. Subject to the limitations of applicable laws prevailing when the question arises, any employee who, subsequent to the enactment of the Selective Service Act of 1948, as amended, left the employ of the COMPANY for immediate entry into any of the Armed Forces of the United States of America, will retain the same seniority ratings that he would have had if he had remained in the employ of the COMPANY during which the period of time the Unit Member may be returned to work absence, provided that his military service is terminated by an honorable discharge and that within ninety (90) days thereafter he shall apply in a position within the unit comparable writing to the one which he/she COMPANY for reemployment. B. The COMPANY shall assign such an employee to the rating held by him at the time of his/her promotion such entry, provided he is then qualified by fitness and ability to perform the work in such rating, but if he is mentally or transferphysically unfit to perform the work in such rating, the COMPANY shall endeavor to provide him with employment in any rating in the COMPANY for which the COMPANY deems him to be mentally, physically and otherwise qualified, and provided also, that his COMPANY seniority, including aforesaid military service, shall be greater than that of the employee to be displaced. Section 5. The COMPANY shall determine when a job opening is available, except where automatic progression applies. Where any such opening has been so determined by the COMPANY to exist, such opening shall be posted and shall be filled by the senior employee qualified by fitness and ability to perform the work, in the order of priority set forth below. The change of an employee from one classification to another classification shall not be deemed as creating a job opening in the classification vacated. A. From within the classification of the department where the vacancy exists. B. From within the department where the vacancy exists. C. From senior employees within the COMPANY. D. From furloughed employees. E. From applicants not previously employed by the COMPANY.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Fall River Gas Co)

SENIORITY. Section 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this Agreement. 2. Seniority for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority Agreement shall be calculated by continuous service from each unit member’s original the last date of full-time employment with the University on the date the Agreement was ratified. 3(ex­ cept otherwise provided). The Office of Labor Relations shall maintain a A seniority list of Unit Members, for all full time employees and a copy of which separate list for all part time employees shall be maintained by the Employer and shall be furnished to the IAFF-5082Union upon request. Seniori­ ty shall prevail in the following instances in the manner as listed hereafter. Seniority shall be on a store by store basis. Section 2. The Office Employer agrees to give a week’s notice or a week’s pay in lieu of Labor Relations also a week’ s notice to full time employees with six (6) months service and three (3) days notice or three (3) days pay to part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall furnish give a week’s notice prior to in­ tended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted. Section 3. Employees laid off due to the IAFF-5082 copies store closing or reduction of employment shall be laid off by order of the monthly reports reflecting changes most recent hired and shall be rehired in the reverse order of the layoff, with due considera­ tion given job classification. Employees laid off and subsequently re­ called within twelve ( 12) months will retain former seniority. After twelve (12) months, all employees who have been laid off, bumped, or those affected by a store closing or sale, shall be put on a preferential hiring list and they shall be given the right to the next available job opening before any new hired employee. (a) Full time employees to be laid off shall have the option of part time employment, and shall be placed at the top of the part time seniority list. 4, or may take a complete layoff. A Unit Member’s seniority They shall cease have the right or recall on any full time opening, provided they can do the work. Full time employees reduced from full time to part time through no fault of their own will retain their Health and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work Welfare insurance coverage for a period of three six (36) consecutive scheduled working days without subsequent notification months even if they work fewer hours than specified in Article herein. (b) For the purpose of layoff and recall, Delicatessen Clerks, Weighers and Wrappers, Meat Apprentices and Seafood Clerks shall be considered in the same job classification and seniority group. (c) First Cutters and Journeyman Meat Cutters shall be considered in the same job classification and seniority group for lawyoff and recall purposes. (d) Before a Journeyman Meat Cutter can be reduced to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work part time or laid off within three (3) consecutive work days upon expiration of vacationthe store, leave of absence or any renewal thereof unless prior approval has been granted by Rutgersall apprentices must be laid off within the store. Where the Unit Member has application of this provision creates a justifiable reason for failure hard­ ship or operational problem, the Union and the Employer agree to report back to work on time, approval will not be unreasonably withhelddiscuss and resolve the problem. 5Section 4. The Employer recognized the principle of seniority as being one in which the movement of an employee from one job to another, through promotion, demotion, layoff, recall after layoff, or permanent transfer, shall be governed by the length of service of the employee. In the event matter of layoffpromotions, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit where experience and ability are being laid offreasonably equal, layoff seniority shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching dutiesgoverning factor. Section 5. The Employer agrees to advise the Union of all increases, all terminations, and of all the dates of hire on a monthly basis. Section 6. Unit Members Part time employees who desire to obtain full time work shall request same, in writing, to the Company Office and the Union. When full time or part time openings occur, preference shall be recalled given to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work availablepart time employees based on seniority. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 8.1 There shall be 2 types of seniority: Company seniority and Departmental seniority. Company seniority is the total length of continuous service with the Company. Departmental seniority is the total length of continuous service in a particular department and is the seniority to be considered in intradepartmental matters, e.g. vacation selection. (a) Seniority for employees hired on the same date will be determined by using the last four (4) digits of the employee’s Social Security Account Number, with the highest number determining the 8.2 It is understood and agreed that in all cases of transfer, promotion, decrease of personnel, or recall after layoff, the following factors shall be considered and where factor 2 is equal, factor 1 shall govern: 1. All employees shall be considered as probationary employees for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they shall not be entitled to utilize the provisions of the Grievance Procedure set forth in Article 7 of this AgreementCompany Seniority. 2. Seniority Knowledge, training, ability, skill, and any disciplinary action within the last three (3) years. The Company shall post the job for the purpose of this article bids. One bid notice shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority dateposted on each departmental bulletin board, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three ten (310) consecutive scheduled working days without subsequent notification days. Any employee who has worked six (6) months or more in their current occupational classification may bid on the vacancy and the job shall be awarded to Rutgers the qualified employee having the longest Company seniority provided, however, that if the rate of pay for the vacancy is lower than the then rate of pay of a justifiable excuse for such absence; f. Failure to report back to work within three bidding employee, the Company shall have the option of rejecting or accepting the bid. The six (36) consecutive work days upon expiration months noted above will be construed as of vacation, leave the closing date of absence or any renewal thereof unless prior approval the job bid. After the job has been granted by Rutgersawarded the Company shall post the name of the successful bidder, or, if no qualified employee bids, shall post a notice to that effect until the bidding procedure is complete, and if the bidding procedure has not accomplished the filling of the vacancy, the Company may fill the vacancy from any source. Where An employee appointed to a higher rated classification in accordance with this provision shall be placed at the Unit Member has entry-level rate of pay or their current rate of pay (whichever is higher). Upon satisfactory completion of six (6) months in the new classification, the employee shall be moved to that step that is next higher than their then current rate. Any employee voluntarily bidding on a justifiable reason new position which carries a thereafter or maximum hourly compensation rate lower than their current rate will go to the appropriate rate for failure the new position. The only allowable exception shall be in instances where an employee is moved to report back to work on timea new position as a result of a lay-off, approval will not be unreasonably withheldgeneral re-organization and being bumped. In that case, the employee shall have their hourly rate frozen until such time that the rate of their new position reaches and then exceeds their frozen rate. 5. In 8.3 When it becomes necessary for the event Company to lay off regular employees due to lack of layoffwork, the following Company shall apply: Where one give those employees at least two (2) weeks’ notice or more ten (10) days straight time pay in lieu thereof. Full time probationary employees in who have worked at least 250 hours for the same title performing the same functional tasks in the same work unit are being laid off, layoff Company shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of given one (1) year from weeks’ notice of a lay off or five (5) days straight time pay in lieu thereof. Part- time employees, including those in their probationary periods who have worked at least 250 hours for the date Company, shall be given one (1) weeks’ notice of a lay off or straight time pay for 1/4 of the promotion or transferhours they have worked during the four (4) weeks preceding the layoff. 8.4 In determining an employee's company seniority rights, during which period continuity of time the Unit Member may their service shall be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.deemed

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1A. The term “seniority” as hereinafter used shall be length of continuous service with the Rock River-Limestone Township Board of Education or the ▇▇▇▇▇▇▇ Township Board of Education (for those people previously employed by either of these districts) and/or the Superior Central Board of Education. All Seniority for new employees shall be based on continuous employment with the Superior Central School District. New employees shall be considered as probationary employees as prescribed by the Tenure Act. Leaves of absence shall not constitute an interruption in continuous service. Credit given for the first 120 calendar days of their employment. This probationary period may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they outside teaching experience in school districts shall not be entitled considered for the purpose of accumulating seniority but shall serve to utilize reduce the probationary period in accordance with the provisions of the Grievance Procedure set forth in Article 7 of this AgreementTenure Act. Teachers working less than full time shall be granted seniority on a pro-rated basis. 2B. To determine seniority we shall use the last date of hire. Seniority for the purpose of this article Any time that a teacher is on layoff shall be based upon an employee’s continuous length of service in the negotiations not count toward seniority. Any time accumulated before layoff shall count toward seniority. C. All bargaining unit covered by the Agreement. In the event employees have members having the same seniority date, their respective seniority shall be determined by their respective first date of commencement of employment at Rutgers. If employees continue hire shall have a drawing to have determine the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University placement on the date the Agreement was ratified. 3. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. Association representatives and the Superintendent as well as the affected teachers shall be present. Such drawings shall be held at a mutually agreeable time. After such a drawing(s) a revised seniority list shall be completed and distributed sixty (60) days after the drawing. The list shall be corrected within thirty (30) working days of such notification. A teacher or the Association may submit corrections to said list to the Superintendent. Notification of challenges to said list will be made to the Association President and the Superintendent. Any challenges are to be made during this time after which the Board shall be held harmless. At the end of this time this list shall become permanent. A copy of the seniority list shall be given to the Association. Teachers on layoff and on leave shall be included n the seniority list. Hereafter, the seniority list will be posted and distributed by April 1 of each year. 4. D. A Unit Member’s seniority shall cease and bargaining unit member will lose his/her employee status shall terminate seniority rights for any of the following reasons: a. Resignation or retirement; b. 1. Discharge for just cause;. c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment2. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for duty on time after a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldabsence. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

Appears in 1 contract

Sources: Master Agreement

SENIORITY. Section 1. Bargaining unit seniority is understood to mean an employee's most recent date of continuous employment in a bargaining unit position so long as the employee has been carried for payroll purposes as a permanent employee. Bargaining unit seniority will continue to accrue during all types of County approved leave except for leave of absence without pay or layoff, for more than thirty (30) days, which shall cause this date to be adjusted for an equivalent period of time. Leave of absence without pay or layoff, for periods of less than thirty (30) days shall not cause the bargaining unit seniority date to be adjusted. 1Section 2. Bargaining unit seniority will be used for the purpose of layoff and recall as provided for in other sections of this article and where operationally feasible, for scheduling vacation as provided in Article 7. Section 3. In the event it is necessary to reduce the work force, including abolishment of a division, all layoffs shall be according to seniority. An employee affected by a reduction in force shall have the right to displace an employee with less seniority in any equal or lower classification in the employee=s Department provided the retained employee is technically qualified and physically capable to perform the necessary duties of the position without further training. Section 4. An employee who accepts a lower paid bargaining unit position in lieu of layoff shall retain their rate of pay unless it exceeds the highest rate for the new class in which case the employee shall be paid the top of the lower classification rate Section 5. All employees shall be considered as probationary employees for the first 120 calendar days receive at least a two (2) weeks notice of their employment. This probationary period may be extended without concurrence layoff, or, in lieu of IAFF Local 5082 for an additional 30 daysnotice, upon notice to IAFF. Probationary employees may be disciplined or terminated at any time for any reason whatsoever two (2) weeks pay at the sole discretion employee=s regular rate of Rutgers and they pay. The Federation shall not be entitled to utilize furnished copies of all layoff notices at the provisions of same time as the Grievance Procedure set forth in Article 7 of this Agreementlaid off employee receives notice. 2Section 6. Seniority for the purpose Employees who have been laid off will have recall rights not to exceed eighteen (18) months. Names of this article shall affected employees will be based upon an employee’s continuous length of service placed, in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last namesseniority, Section 7. For the purposes of this initial agreementlayoff and recall, seniority shall be calculated from each unit member’s original date of a vacancy is deemed to exist when the County is seeking to fill a full-time employment with the University on the date the Agreement was ratifiedpermanent budgeted position. 3Section 8. The Office of Labor Relations shall maintain a seniority list of Unit Members, a copy of which shall be furnished Laid off employees who are recalled to the IAFF-5082. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active County service within fourteen the eighteen (1418) calendar days of such notice of reemployment unless a later date is agreed to by Rutgers. Written notice of month recall to work shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheld. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period Section 6 shall have the right to "buy back" the amount of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she sick leave accrual held at the time of his/her promotion layoff by reimbursing the County the sick leave pay out which was given at the time of layoff. If the employee elects not to buy back sick leave accrual, sick leave will begin to accrue on the date the employee is returned to County service. The recalled employee shall also be credited with seniority earned prior to layoff. However, the time spent on layoff, except for time spent on a layoff for less than thirty (30) days, shall not be credited in the calculation of benefits. Section 9. If an employee is absent for five (5) consecutive workdays without notifying the County of their absence, the employee shall be terminated and it shall not be grievable. If the employee is on approved annual leave, sick leave, bereavement leave, compensatory time, or transferleave without pay, the first sentence of Section 9 shall not apply. Section 10. In case of a layoff caused by subcontracting, the County shall give priority in placing laid off employees in a vacant bargaining unit position and shall also use its best efforts to place affected employees in vacant positions throughout Broward County. Section 11. The provisions of this section apply to absences from the unit which occurs subsequent to Board approval of the agreement for FY 93/94. An employee covered by the collective bargaining agreement who leaves the bargaining unit for reasons other than discharge, or resignation in lieu of discharge, shall retain bargaining unit seniority accrued prior to vacating the position provided the period of absences does not exceed 6 months. An employee who leaves the bargaining unit and returns to a bargaining unit position within 6 months, shall not accrue any bargaining unit seniority during the period of absence, and shall be considered to have bargaining unit seniority equal to the seniority accrued as of the date the employee vacated the position. An employee who returns to a bargaining unit position more than 6 months after leaving the bargaining unit shall not be credited with any prior bargaining unit seniority and must commence a new seniority date.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. ‌ 1. All employees 4.01 Seniority shall be considered as probationary an employee's continuous and uninterrupted service with UFCW Canada since the employee's last date of hire on regular national staff. Seniority will be the determining factor, where all other factors are equal in layoffs and recalls. Temporary absences from work or absences due to illness, when such absences are approved by UFCW Canada in accordance with Article 17, will not break seniority. 4.02 Seniority shall cease after one (1) year of continuous layoff or upon acceptance of severance pay. An employee shall not be required to accept severance pay provided for in Article 9 of this Agreement until the employee has been laid off for one (1) year. 4.03 No new employee shall be hired within the classifications of Agreement until all employees on layoff are given the opportunity of being recalled. 4.04 UFCW Canada shall provide as much notice of lay-off in writing to the Union as is available and shall provide to the Union the information at its disposal having regard to the reasons for the lay-off. The Union shall have the right to propose to UFCW Canada alternatives to the lay-off and UFCW Canada shall fully consider the same to the extent that any lay-off shall be the last alternative considered. Subject to the employees possessing the skill, ability, willingness, and availability for the job, lay-offs shall be by reverse order of seniority. No senior employee shall be laid-off until all temporary and part-time employees are laid-off, and that no new employee shall be hired until all laid-off employees have been recalled. Laid-off employees shall be recalled in reverse order of lay-off by registered mail and shall be required to report for recall within seven working days of the date the notice of recall was delivered. Employees who do not so report shall be considered to have abandoned their rights to recall. UFCW Canada shall not seek to recover the costs of any health and welfare coverage which has been paid in advance on behalf of an employee who has been laid-off. 4.05 New employees will be considered on probation for the first 120 calendar days six (6) months. Employees on probation will be subject to the terms of their employment. This probationary period this Agreement but may be extended without concurrence of IAFF Local 5082 for an additional 30 days, upon notice to IAFF. Probationary employees may be terminated or disciplined or terminated at any time for any reason whatsoever at the sole discretion of Rutgers and they UFCW Canada. Such terminations or discipline shall not be entitled subject to utilize the provisions of the Grievance Procedure and Arbitration provisions as set forth in Article 7 5 of this Agreement. After the completion of the probationary period, the employee's seniority date shall revert to the employee's original date of hire. When an employee who has completed his or her probation period transfers to the payroll of a UFCW Canada chartered body and then, at a later date, transfers back to the UFCW Canada payroll, the employee will be considered to have completed his or her probation period. 4.06 If an employee is promoted outside the bargaining unit, the employee may reserve the right to return to the bargaining unit within six (6) months from the date of promotion without loss of seniority, upon request in writing to the UFCW Canada National President. UFCW Canada shall, upon the request of the Union president, deduct from the wages of the returned employees such amounts of the Union membership dues as may be required to cover the retroactive period for which the returned employee held a position with UFCW Canada outside of the bargaining unit providing there has been no interruption in service with UFCW Canada since the last date on which the employee was in the Union bargaining unit. 4.07 UFCW Canada will provide the Union with a list of the names, addresses and telephone numbers of all newly hired employees who are hired within the categories of employment as specified in Article 1 of this Agreement. 24.08 A position to be filled on the UFCW Canada national representative staff shall be posted. Seniority UFCW Canada will notify the Union of its decision to post a vacancy in the bargaining unit both before the position is posted and when a final decision is made as to the successful applicant for the purpose of this article shall be based upon an employee’s continuous length of service in the negotiations unit covered by the Agreement. In the event employees have the same seniority date, their respective seniority shall be determined by their respective date of commencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. For purposes of this initial agreement, seniority shall be calculated from each unit member’s original date of full-time employment with the University on the date the Agreement was ratified. 3posting. The Office posting shall contain such information to describe the classification of Labor Relations shall maintain a seniority list the job and the home area of Unit Members, assignment. The posting will be made at all regional offices of UFCW Canada. UFCW Canada will email a copy of which shall be furnished to the IAFF-5082Union members. The Office of Labor Relations also shall furnish to the IAFF-5082 copies of the monthly reports reflecting changes in the seniority list. 4. A Unit Member’s seniority shall cease and his/her employee status shall terminate Employees making application for any of the following reasons: a. Resignation or retirement; b. Discharge for cause; c. Continuous layoff for such position will have a period exceeding nine (9) months; d. Failure of the recalled Unit Member to notify the University in writing within seven (7) calendar days of receipt of notification of recall that he/she intends to accept such offer of reemployment. An employee accepting such an offer of reemployment must return to active service within fourteen (14) calendar days from the time the Union received notice of the vacancy or new position in which to apply for the aforementioned vacancy or new position. When a bargaining unit job classification not listed in schedule "A" is being created, UFCW Canada will meet with the Union president or his or her designated representative to discuss the duties, qualifications and salary prior to the posting of such notice of reemployment unless a later date is agreed to by Rutgersposition. Written notice of recall to work Seniority together with the willingness and demonstrated ability shall be sent by Rutgers by certified mail, return receipt requested, to the Unit Member’s last known address as shown on Rutgers personnel records; e. Failure to report for work for a period of three (3) consecutive scheduled working days without subsequent notification to Rutgers of a justifiable excuse for such absence; f. Failure to report back to work within three (3) consecutive work days upon expiration of vacation, leave of absence or any renewal thereof unless prior approval has been granted by Rutgers. Where major factors in determining the Unit Member has a justifiable reason for failure to report back to work on time, approval will not be unreasonably withheldsuccessful applicant. 5. In the event of layoff, the following shall apply: Where one or more employees in the same title performing the same functional tasks in the same work unit are being laid off, layoff shall be implemented in reverse order of seniority, provided the senior employees has the requisite qualifications and abilities to perform the work available, other than teaching duties. 6. Unit Members shall be recalled to work from layoff in order of their seniority provided that they have the requisite qualifications and ability to perform the work available. 7. A Unit Member who is promoted or permanently transferred to a job or position not covered by this Agreement shall retain and accumulate his/her seniority as provided for in this Agreement for a period of one (1) year from the date of the promotion or transfer, during which period of time the Unit Member may be returned to work in a position within the unit comparable to the one which he/she held at the time of his/her promotion or transfer.

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Sources: Collective Bargaining Agreement