Common use of 00 - SENIORITY Clause in Contracts

00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be defined as the length of an Employee's compensated service with the University (excluding service as a Temporary employee) excluding overtime since the most recent date of hiring. 10.02 Employees of the University who transfer from outside the Bargaining Unit into positions in the Bargaining Unit shall not retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining Unit. (a) An Employee who proceeds on an approved leave of absence without pay shall retain the seniority acquired up to and including the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority. (b) An Employee shall continue to accumulate seniority throughout the term of an approved pregnancy leave. (c) An Employee who is laid off (excluding sessional lay-offs) shall retain the seniority acquired up to and including one month beyond the last day of work provided that the period of lay-off does not exceed twelve (12)

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Agreement, Collective Agreement

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00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be 11:01 Seniority for Employees is defined as the length of an Employee's compensated continuous service with in the University (excluding service as employ of the Employer within the Bargaining Unit. Seniority for Part Time Employees shall be by number of hours worked exclusive of overtime within the Bargaining Unit. Seniority shall operate on a Temporary employee) excluding overtime since the most recent date of hiringBargaining Unit wide basis. 10.02 Employees (a) The right of the University who transfer from outside Employees to fair and just consideration for vacancies in light of their length of continuous service and their qualifications; (b) The right of the Bargaining Unit into positions public to be served by qualified persons. Therefore, the Parties agree that: In promotions, demotions, transfers, lay-offs and recalls, the following factors shall be considered: (a) Length of continuous service (seniority); (b) Efficiency, knowledge, and ability of the Employee, and the qualifications as contained in the job descriptions. When factor (b) is relatively equal in the judgment of the Employer, which judgment shall not be exercised in an arbitrary or discriminatory manner, factor (a) shall govern. 11:01 (1)(a) Should circumstances require a reduction of Employees, Temporary Employees, Probationary Employees and Casual/Seasonal Part Time Employees in the Bargaining Unit shall be released first. If a further reduction of Employees is required, Regular Part Time Employees shall be laid off first, and then commencing with those Permanent Full Time Employees with the least seniority. Regular Part Time Employees cannot retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded use this provision to change their Employment status from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining UnitPart Time to Full Time. 11:01 (a1)(b) An A Regular Part Time Employee who proceeds on an approved leave of absence without pay shall retain the seniority acquired up to and including the last day of work provided that the period of absence does not exceed be deemed laid off under this Agreement when their reduction in scheduled hours over twelve (12) monthsconsecutive weeks is equal to or greater than twenty-five (25%) percent. Seniority Other hours (i.e. call-ins) shall not accumulate during the period be considered in determining if a layoff of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniorityRegular Part Time Employees has occurred. 11:01 (b1)(c) An Employee Seniority for all Seasonal Part Time and Temporary Employees shall continue to accumulate seniority throughout the term be maintained unless there is a break in service in excess of an approved pregnancy leavetwo (2) years. (c) An Employee who is laid off (excluding sessional lay-offs) shall retain the seniority acquired up to and including one month beyond the last day of work provided that the period of lay-off does not exceed twelve (12)

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be (1) Seniority for Permanent Full Time Employees is defined as the length of an Employee's compensated continuous service with in the University (excluding service as a Temporary employee) excluding overtime since the most recent date of hiring. 10.02 Employees employ of the University who transfer from outside the Bargaining Unit into positions in the Bargaining Unit shall not retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in Employer within the Bargaining Unit. Seniority for Part Time Employees shall be by number of hours worked exclusive of overtime within the Bargaining Unit. Seniority shall operate on a Bargaining Unit wide basis. (a) An Employee who proceeds on an approved leave The right of absence without pay shall retain the seniority acquired up Employees to fair and including the last day just consideration for vacancies in light of work provided that the period their length of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority.continuous service and their qualifications; (b) An Employee The right of the public to be served by qualified persons. Therefore, the Parties agree that: In promotions, demotions, transfers, lay-offs and recalls, the following factors shall continue to accumulate seniority throughout be considered: (a) Length of continuous service (seniority); (b) Efficiency, knowledge and ability of the term Employee, and the qualifications as contained in the Job Descriptions. When factor (b) is relatively equal in the judgement of the Employer, which judgement shall not be exercised in an approved pregnancy leavearbitrary or discriminatory manner, factor (a) shall govern. (c2) An Employee Notwithstanding anything herein contained, it is xxxxxx agreed and understood that there is no recall for Temporary Employees who is are laid off under this Article. (excluding sessional lay-offs1) A Seniority List of all Employees covered by this Agreement shall retain be posted no later than April 1st and October 1st of each year. The List will show all Permanent Full Time Employees within the Bargaining Unit in order of seniority acquired up stating the Employee's number, name, job classification, and date of latest entry into the employ of the Employer. The List will show each Part Time Employee’s seniority as hours worked, exclusive of overtime, beneath the listing for Full Time Employees. Regular Part Time Employees shall be shown first, Casual second, and Seasonal third with each Employee’s status (Regular, Casual or Seasonal), the Employee's number, name, job classification, and date of latest entry into the employ of the Employer also shown. The List will show each Temporary Employee’s seniority as hours worked, exclusive of overtime, beneath the listing for Part Time Employees, the Employee number, name, job classification and date of the latest entry into the employ of the Employer as shown. Should a Part Time or Temporary Employee be the successful applicant to a Permanent Full Time posting, a seniority date crediting Part Time or Temporary seniority will be established on the Employee’s transference to Full Time, based on one (1) year equalling one thousand, eight hundred and including one month beyond twenty (1,820) hours worked (two thousand and eighty hours (2,080) hours for Part Time Employees working under Schedule “G” and Schedule “H”). The reverse calculation will be done for Full Time Employees who bid/bump successfully to Regular Part Time Positions. Copies of this Seniority List will be posted on all Bulletin Boards and copies will be supplied to the last day of work provided Union. It is agreed and understood by the Parties that the period Union will be supplied with a third Seniority List upon written request. (2) Should two (2) or more Employees have an identical seniority date, their seniority dates will remain unchanged, but their ranking on the list will be determined by the (3) A List of lay-off does not exceed twelve all Temporary Employees covered by this Agreement shall be posted in April and October of each year. This List will show the Employee's number, name, job classification, temporary status, and date of latest entry into the employ of the Employer. (12)4) Protests in regard to an Employee’s seniority standing must be submitted in writing to the Director of Human Resources and Organizational Development within sixty (60) calendar days from the date that the Employee’s name is first entered on the Seniority List.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

00 - SENIORITY. 10.01 Except as otherwise provided in this article14.01 An employee will be considered on probation and will not be placed on the seniority list until after he has been working for four hundred and eighty (480) working hours during a period of six (6) consecutive months. At the conclusion of his probationary period, the employee’s seniority shall be defined determined as the length of an Employee's compensated service with the University (excluding service as a Temporary employee) excluding overtime since the most recent date of hiring. 10.02 Employees of the University who transfer from outside date the Bargaining Unit into positions employee started to work in the Bargaining Unit shall not retain previously earned seniority for above mentioned period. In the purpose of determining lay-offs under Article 11.03 (Lay-offevent that two or more employees’ starting dates are the same and they have completed their probationary Period on the same date, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining Unit.Employee Seniority Sequence will be determined by: (a) An Employee who proceeds on an approved leave Date of absence without pay shall retain the seniority acquired up to and including the last day receipt of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority.resume (b) If the same in (a), by the value of the last three (3) digits of their Social Insurance Number, with the lowest value being the first in seniority. At the end of the aforementioned probationary period, the employee’s name shall be placed on the seniority list. 14.02 Subject to any provision of this Agreement affecting the same, an employee’s seniority shall be according to the length of his continuous employment with the company. 14.03 An Employee employee who has been laid off shall continue to accumulate accrue seniority throughout as per the term terms of an approved pregnancy leaveArticle 15.00 hereof. 14.04 An employee shall lose all seniority and his name shall be removed from the seniority list and he shall be deemed to be terminated: (a) Should he voluntarily quit his employment, or (b) Should he be discharged for just cause and not reinstated through the grievance procedure, or (c) Should he fail to respond to a recall as per the terms of Article 15.00 hereof. (d) Should he not return to work pursuant to the terms of Article 15.00 hereof. (e) Should he be absent from work for more than three (3) working days without notifying the Company of the reasons for such absence, or (f) Should he overstay a leave of absence granted by the Company without securing an extension of such leave or uses a leave of absence for other purposes than for which it was granted. 14.05 a) An Employee who is laid off (excluding sessional lay-offs) employee transferred to a position not covered by this Agreement shall retain the continue to accrue seniority acquired up to and including one month beyond the last day of work provided that the for a period of layeight hundred (800) working hours over the contract term. If he remains employed in the non-off does not exceed twelve bargaining unit position beyond a total of eight hundred (12)800) working hours over the contract term, he shall forfeit all seniority.

Appears in 1 contract

Samples: Collective Bargaining Agreement

00 - SENIORITY. 10.01 Except as otherwise provided Employees shall accumulate seniority based upon their length of employment with the employer in a classification, which is covered by this articleAgreement. An employee’s seniority shall be counted from their date started. In the event that more than one employee is hired on same date, seniority shall be defined as the length of an Employee's compensated service with the University (excluding service as a Temporary employee) excluding overtime since the most recent date of hiringdetermined by last name, alphabetically. 10.02 Employees Lay-offs shall be conducted on the basis of seniority as specified in Section 10.01, above. The committee chairman shall be notified one week, if possible, in confidence prior to lay-offs or recalls. 10.03 When the University who transfer from outside employer declares a lay-off in a classification, the Bargaining Unit into positions least senior employee, or employees, in the Bargaining Unit classification shall not retain previously earned seniority for be declared surplus. 10.04 For the purpose of determining general layoffs as specified in 10.03 above, the seniority shall operate as follows: a) The employees with the least amount of bargaining unit seniority in the job classification shall be the first laid off. b) Employees scheduled for layoff may elect to bump an employee with less seniority to a lateral or lower job classification provided they have the ability to perform the work of that classification. c) All classifications below a “General Help Heavy” will be permitted to bump up to that classification provided they have the physical capability and skills to fulfill the role. d) All classifications will be allowed to displace an employee in a trainee classification with ninety (90) working days or less in the classification provided they meet the requirements as outlined in the job posting provision. e) Employees with the physical capability will be given two weeks of familiarization to perform work of their last “bumping opportunity”. If they are unable to perform the work, they will be laid off. The bumping will be limited to the equivalent of general help heavy classification/pay rate and lower. f) Notwithstanding the forgoing employees with greater seniority within the job classification will be permitted to take a voluntary layoff up to a maximum of 13 weeks provided the skill and ability can be met within the job classification to complete the work. At the time of layoff the employee will sign a waiver with the option to refuse call back to work, when the work offered is 16 hours or less in a work week. 10.05 Recall shall be in the reverse order of lay-offs under Article 11.03 (Layoff. The most senior employee who was laid off, or transferred to another classification in lieu of lay-off, Redeploymentshall be recalled, Recall and Severance Pay) unless such seniority had been earned as or transferred back to his classification, or to a member of the Bargaining Unit or vacancy in a position excluded from classification in which they are willing and able to perform the Bargaining Unit because of work. Recall rights to the confidential nature of skilled classifications shall be under the work and which is classified same terms as specified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining UnitSection 10.04 above. (a) An Employee 10.06 It is agreed that no employee will be transferred into a classification when a more senior employee who proceeds on an approved leave of absence without pay shall retain the seniority acquired up to and including the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority. (b) An Employee shall continue to accumulate seniority throughout the term of an approved pregnancy leave. (c) An Employee who is laid off (excluding sessional lay-offs) shall retain the seniority acquired up to and including one month beyond the last day of work provided that the period of has been displaced by lay-off does is willing and able to perform the work. 10.07 New employees shall not exceed twelve (12)be hired to fill any vacancy when employees that are willing and able to perform the work are on lay-off. 10.08 Employees in another classification shall not be requested, or allowed, to perform the work normally performed by employees in a classification in which employees are on lay-off. This shall not apply to employees who are recalled to the affected classification as per Section

Appears in 1 contract

Samples: Collective Agreement

00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be (1) Seniority for Permanent Full Time Employees is defined as the length of an Employee's compensated continuous service with in the University (excluding service as a Temporary employee) excluding overtime since the most recent date of hiring. 10.02 Employees employ of the University who transfer from outside the Bargaining Unit into positions in the Bargaining Unit shall not retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in Employer within the Bargaining Unit. Seniority for Part Time Employees shall be by number of hours worked exclusive of overtime within the Bargaining Unit. Seniority shall operate on a Bargaining Unit wide basis. (a) An Employee who proceeds on an approved leave The right of absence without pay shall retain the seniority acquired up Employees to fair and including the last day just consideration for vacancies in light of work provided that the period their length of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority.continuous service and their qualifications; (b) An Employee The right of the public to be served by qualified persons. Therefore, the Parties agree that: In promotions, demotions, transfers, lay-offs and recalls, the following factors shall continue to accumulate seniority throughout be considered: (a) Length of continuous service (seniority); (b) Efficiency, knowledge and ability of the term Employee, and the qualifications as contained in the Job Descriptions. When factor (b) is relatively equal in the judgement of the Employer, which judgement shall not be exercised in an approved pregnancy leavearbitrary or discriminatory manner, factor (a) shall govern. (c2) An Employee Notwithstanding anything herein contained, it is hereby agreed and understood that there is no recall for Temporary Employees who is are laid off under this Article. (excluding sessional lay-offs1) A Seniority List of all Permanent Full Time Employees covered by this Agreement shall retain be posted no later than April 1st and October 1st of each year. The List will show all Permanent Full Time Employees within the Bargaining Unit in order of seniority acquired up stating the Employee's number, name, job classification, and date of latest entry into the employ of the Employer. The List will show each Part Time Employee’s seniority as hours worked, exclusive of overtime, beneath the listing for Full Time Employees. Regular Part Time Employees shall be shown first, Casual second, and Seasonal third with each Employee’s status (Regular, Casual or Seasonal), the Employee's number, name, job classification, and date of latest entry into the employ of the Employer also shown. Should a Part Time Employee be the successful applicant to a Permanent Full Time posting, a seniority date crediting Part Time seniority will be established on the Employee’s transference to Full Time, based on one (1) year equalling one thousand, eight hundred and including one month beyond twenty (1,820) hours worked (two thousand and eighty hours (2,080) hours for Part Time Employees working under Schedule “G” and Schedule “H”). The reverse calculation will be done for Full Time Employees who bid/bump successfully to Regular Part Time Positions. Copies of this Seniority List will be posted on all Bulletin Boards and copies will be supplied to the last day of work provided Union. It is agreed and understood by the Parties that the period Union will be supplied with a third Seniority List upon written request. (2) Should two (2) or more Employees have an identical seniority date, their seniority dates will remain unchanged, but their ranking on the list will be determined by the length of lay-off does not exceed twelve total temporary service with the Employer. Should two (12)2) or more Employees with the same seniority date also have equal lengths of total temporary service with the Employer, then their ranking shall be determined by a random draw of numbers, with the Employees involved being present. (3) A List of all Temporary Employees covered by this Agreement shall be posted in April and October of each year. This List will show the Employee's number, name, job classification, temporary status, and date of latest entry into the employ of the Employer. (4) Protests in regard to an Employee’s seniority standing must be submitted in writing to the Director of Human Resources and Organizational Development within sixty (60) calendar days from the date that the Employee’s name is first entered on the Seniority List.

Appears in 1 contract

Samples: Collective Bargaining Agreement

00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be 8.01 Seniority is defined as the length of an Employee's compensated continuous service with on the University Customs and Border Protection Contract at the Customs and Border Protection Air Site, Miami, Florida within any classification as outlined in Appendix A. In the event that employees begin their employment on the same day, the employee having the lowest last four (excluding service 4) numbers of his social security number shall be considered having the most seniority for tie breaking purposes. 8.02 New employees shall be considered probationary for a period of ninety (90) calendar days of active employment from date of hire on the Customs and Border Protection Contract at the Customs and Border Protection Air Site, Miami, Florida. During this period, the Company may release such probationary employee as it finds advisable and such action shall not constitute a Temporary employeegrievance. This period may be extended by mutual agreement between the Company and Union for a total period not to exceed one hundred twenty (120) excluding overtime since days. a. Employees who may be transferred onto the contract will have their seniority based upon their date of hire onto the contract or their most recent date of hiring. 10.02 Employees hire with the Company, whichever is lesser. It is agreed and understood that such an employee shall retain the earlier date of hire with the University who transfer from outside the Bargaining Unit into positions in the Bargaining Unit shall not retain previously earned seniority Company only for the purpose of determining benefit accruals. Site seniority shall be used in the scheduling of benefits. 8.03 When reducing the work force, employees will be laid off in the order of the least senior employee in the affected classification. More senior employees will be allowed to "bump down" to a lower classification, provided they have the seniority and qualifications to perform the work in the lower classification, thereby displacing a less senior employee. The Company shall notify the Union and the affected employees as soon as the facts are known to the Company of an upcoming layoff, but not less than two (2) weeks’ notice, or, one (1) weeks’ pay in lieu thereof. 8.04 Employees may be promoted on the basis of seniority and qualifications, to jobs which may become available and for which the employee has expressed an interest by signing a job notice that will be posted by the Company. When an employee covered hereby is awarded a promotion to a new Classification, and such employee of his own desire elects to return to his former position/Classification within sixty (60) workdays after assuming such duties, the Employee may be returned to the former position/Classification held prior to award of such promotion, while retaining his previous Classification seniority and so long as that position has remained vacant. Employees will submit their application for vacancies using the Company’s electronic application processes. 8.05 In increasing the work force subsequent to a layoff, employees will be recalled back to their classification in reverse order to the way they were laid off. An employee will be subject to recall for a period of up to twenty-four (24) months from the date of lay-offs under Article 11.03 off. Employees will be responsible for maintaining their current address and telephone number with the Company. Failure to do so shall relieve the Company of the obligation to recall the employee. The Company will ensure that all available openings within the program are posted on the Company’s web site. 8.06 An employee loses seniority when he/she: a. Is discharged for cause and is not reinstated; b. Voluntarily resigns from the Company; c. Is laid off for a period greater than twenty-four (Lay24) months; d. Fails to report within five (5) workdays after receipt of a registered recall notice from lay-off, Redeployment, Recall and Severance Pay; e. Is absent three (3) unless such seniority had been earned as consecutive workdays without reporting or contacting the Company with a member reason sufficient to justify the absence; f. Fails to notify the Company of the Bargaining Unit a change of address or in a position excluded from the Bargaining Unit because telephone number while on layoff; g. Fails to report upon expiration of the confidential nature an approved leave of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining Unit.absence; (a) An Employee who proceeds h. Accepting other employment while on an approved leave of absence without pay shall retain prior permission of the seniority acquired up to and including the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniorityCompany. (b) An Employee shall continue to accumulate seniority throughout the term of an approved pregnancy leave. (c) An Employee who is laid off (excluding sessional lay-offs) shall retain the seniority acquired up to and including one month beyond the last day of work provided that the period of lay-off does not exceed twelve (12)

Appears in 1 contract

Samples: Collective Bargaining Agreement

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00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be 8.01 Seniority is defined as the length of an Employee's compensated continuous service with on the University Customs and Border Protection Contract at the Customs and Border Protection Air Site, Miami, Florida within any classification as outlined in Appendix A. In the event that employees begin their employment on the same day, the employee having the lowest last four (excluding service 4) numbers of his social security number shall be considered having the most seniority for tie breaking purposes. 8.02 New employees shall be considered probationary for a period of ninety (90) calendar days of active employment from date of hire on the Customs and Border Protection Contract at the Customs and Border Protection Air Site, Miami, Florida. During this period, the Company may release such probationary employee as it finds advisable and such action shall not constitute a Temporary employeegrievance. This period may be extended by mutual agreement between the Company and Union for a total period not to exceed one hundred twenty (120) excluding overtime since days. a. Employees who may be transferred onto the contract will have their seniority based upon their date of hire onto the contract or their most recent date of hiring. 10.02 Employees hire with the Company, whichever is lesser. It is agreed and understood that such an employee shall retain the earlier date of hire with the University who transfer from outside the Bargaining Unit into positions in the Bargaining Unit shall not retain previously earned seniority Company only for the purpose of determining benefit accruals. Site seniority shall be used in the scheduling of benefits. 8.03 When reducing the work force, employees will be laid off in the order of the least senior employee in the affected classification. More senior employees will be allowed to "bump down" to a lower classification, provided they have the seniority and qualifications to perform the work in the lower classification, thereby displacing a less senior employee. The Company shall notify the Union and the affected employees as soon as the facts are known to the Company of an upcoming layoff, but not less than two (2) weeks’ notice, or, one (1) weeks’ pay in lieu thereof. 8.04 Employees may be promoted on the basis of seniority and qualifications, to jobs which may become available and for which the employee has expressed an interest by signing a job notice that will be posted by the Company. When an employee covered hereby is awarded a promotion to a new Classification, and such employee of his own desire elects to return to his former position/Classification within sixty (60) work days after assuming such duties, the Employee may be returned to the former position/Classification held prior to award of such promotion, while retaining his previous Classification seniority and so long as that position has remained vacant. 8.05 In increasing the work force subsequent to a lay off, employees will be recalled back to their classification in reverse order to the way they were laid off. An employee will be subject to recall for a period of up to twenty-four (24) months from the date of lay-offs under Article 11.03 off. Employees will be responsible for maintaining their current address and telephone number with the Company. Failure to do so shall relieve the Company of the obligation to recall the employee. The Company will ensure that all available openings within the program are posted on the Company’s web site. 8.06 An employee loses seniority when he/she: a. Is discharged for cause and is not reinstated; b. Voluntarily resigns from the Company; c. Is laid off for a period greater than twenty-four (Lay24) months; d. Fails to report within five (5) work days after receipt of a registered recall notice from lay-off, Redeployment, Recall and Severance Pay; e. Is absent three (3) unless such seniority had been earned as consecutive work days without reporting or contacting the Company with a member reason sufficient to justify the absence; f. Fails to notify the Company of the Bargaining Unit a change of address or in a position excluded from the Bargaining Unit because telephone number while on layoff; g. Fails to report upon expiration of the confidential nature an approved leave of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining Unit.absence; (a) An Employee who proceeds h. Accepting other employment while on an approved leave of absence without pay shall retain prior permission of the seniority acquired up to and including the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniorityCompany. (b) An Employee shall continue to accumulate seniority throughout the term of an approved pregnancy leave. (c) An Employee who is laid off (excluding sessional lay-offs) shall retain the seniority acquired up to and including one month beyond the last day of work provided that the period of lay-off does not exceed twelve (12)

Appears in 1 contract

Samples: Collective Bargaining Agreement

00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority shall be (1) Seniority for Permanent Full Time Employees is defined as the length of an Employee's compensated continuous service with in the University (excluding service as a Temporary employee) excluding overtime since the most recent date of hiring. 10.02 Employees employ of the University who transfer from outside the Bargaining Unit into positions in the Bargaining Unit shall not retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in Employer within the Bargaining Unit. Seniority for Part Time Employees shall be by number of hours worked exclusive of overtime within the Bargaining Unit. Seniority shall operate on a Bargaining Unit wide basis. (a) An Employee who proceeds on an approved leave The right of absence without pay shall retain the seniority acquired up Employees to fair and including the last day just consideration for vacancies in light of work provided that the period their length of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority.continuous service and their qualifications; (b) An Employee The right of the public to be served by qualified persons. Therefore, the Parties agree that: In promotions, demotions, transfers, lay-offs and recalls, the following factors shall continue to accumulate seniority throughout be considered: (a) Length of continuous service (seniority); (b) Efficiency, knowledge and ability of the term Employee, and the qualifications as contained in the Job Descriptions. When factor (b) is relatively equal in the judgement of the Employer, which judgement shall not be exercised in an approved pregnancy leavearbitrary or discriminatory manner, factor (a) shall govern. (c2) An Employee Notwithstanding anything herein contained, it is xxxxxx agreed and understood that there is no recall for Temporary Employees who is are laid off under this Article. (excluding sessional lay-offs1) A Seniority List of all Permanent Full Time Employees covered by this Agreement shall retain be posted no later than April 1st and October 1st of each year. The List will show all Permanent Full Time Employees within the Bargaining Unit in order of seniority acquired up stating the Employee's number, name, job classification, and date of latest entry into the employ of the Employer. The List will show each Part Time Employee’s seniority as hours worked, exclusive of overtime, beneath the listing for Full Time Employees. Regular Part Time Employees shall be shown first, Casual second, and Seasonal third with each Employee’s status (Regular, Casual or Seasonal), the Employee's number, name, job classification, and date of latest entry into the employ of the Employer also shown. Should a Part Time Employee be the successful applicant to a Permanent Full Time posting, a seniority date crediting Part Time seniority will be established on the Employee’s transference to Full Time, based on one (1) year equalling one thousand, eight hundred and including one month beyond twenty (1,820) hours worked (two thousand and eighty hours (2,080) hours for Part Time Employees working under Schedule “G” and Schedule “H”). The reverse calculation will be done for Full Time Employees who bid/bump successfully to Regular Part Time Positions. Copies of this Seniority List will be posted on all Bulletin Boards and copies will be supplied to the last day of work provided Union. It is agreed and understood by the Parties that the period Union will be supplied with a third Seniority List upon written request. (2) Should two (2) or more Employees have an identical seniority date, their seniority dates will remain unchanged, but their ranking on the list will be determined by the length of lay-off does not exceed twelve total temporary service with the Employer. Should two (12)2) or more Employees with the same seniority date also have equal lengths of total temporary service with the Employer, then their ranking shall be determined by a random draw of numbers, with the Employees involved being present. (3) A List of all Temporary Employees covered by this Agreement shall be posted in April and October of each year. This List will show the Employee's number, name, job classification, temporary status, and date of latest entry into the employ of the Employer. (4) Protests in regard to an Employee’s seniority standing must be submitted in writing to the Director of Human Resources and Organizational Development within sixty (60) calendar days from the date that the Employee’s name is first entered on the Seniority List.

Appears in 1 contract

Samples: Collective Bargaining Agreement

00 - SENIORITY. 10.01 Except 9.01 Seniority as otherwise provided referred to in this articleAgreement shall mean length of continuous service in the employ of the Company and shall prevail first upon a departmental basis and thereafter upon a plant-wide basis. The departments are: Engineers and Warehouse employees. 9.02 An employee will be considered probationary for forty five (45) working days within a consecutive twelve (12) month period and will have no seniority rights during that period. After such forty five (45) working days, his seniority shall be defined as back-dated to his date of hire. 9.03 Seniority lists shall be maintained by the length of an Employee's compensated service Company upon a departmental basis and on a plant-wide basis and each list shall show the date from which seniority commences. Seniority lists shall be revised not less than once every three (3) months and copies shall be supplied to the Union and shall be posted on the bulletin boards. Furthermore the Company will provide the National and Local Union with the University (excluding service as names, addresses and postal codes of all employees on the seniority list on a Temporary employee) excluding overtime since the most recent date of hiringquarterly basis. 10.02 Employees 9.04 When a seniority employee is removed from the payroll or is laid off, the Company shall notify the Chairman of the University who transfer from outside the Bargaining Unit into positions Plant Committee in the Bargaining Unit shall not retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining Unitwriting forthwith. (a) An Employee who proceeds The appointment or selection of employees for supervisory positions, or for any position not subject to the provisions of this Agreement, shall not be covered by this Agreement, but if an employee on an approved leave of absence without pay shall retain a seniority list is so transferred or appointed and within the one year period immediately following such transfer or appointment, is transferred back to a position which is governed by this Agreement, then the seniority acquired up which he had at the time of transfer from the bargaining unit shall be accredited to and including his seniority standing upon re-entry to the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's senioritybargaining unit. (b) An Employee shall continue Within the period of thirty (30) working days immediately following the effective date of his transfer out of the bargaining unit, an employee may elect to accumulate seniority throughout be transferred back to the term of an approved pregnancy leavebargaining unit pursuant to Sub-Section 9.05 (a) hereof. (c) Any employee transferred back to a position governed by this Collective Agreement shall have his seniority accredited pursuant to the terms of the Collective Agreement in force at the time of his transfer from the bargaining unit. 9.06 In the event of lay-off, the most senior employees who with reasonable familiarisation are competent to perform the work available, shall be retained and lay-offs shall take place pursuant to the procedure set forth in Section 9.07 hereof. 9.07 The employee with the least departmental seniority shall be displaced first and shall thereafter be entitled (a) to be placed on any available work in the bargaining unit provided that with reasonable familiarisation he is competent to perform such work; if no work is available, then he (b) may displace the probationary employee in the bargaining unit who has the least service with the Company provided that with reasonable familiarisation he is competent to perform the work of such probationary employee; if he is not hereby placed, then he may exercise his (c) seniority, plant-wide to displace the employee junior to himself and who has the least plant-wide seniority and who shall be laid off in his place, provided that with reasonable familiarisation he is competent to perform the work of such junior employee; if he is not hereby placed he shall be laid off. No employee with seniority shall be laid off for any period of five (5) working days or more, without at least five (5) working days' notice or pay in lieu thereof at his straight- time hourly rate. 9.08 In the event of recall for periods of five (5) working days or more, the most senior employees who with reasonable familiarisation are competent to perform the work available, shall be recalled first. 9.09 An Employee who employee shall lose all seniority and his name shall be removed from the seniority list, for any of the following reasons: (a) If he voluntarily quits the employ of the Company. (b) If he is discharged and not reinstated pursuant to the provisions of the grievance procedure. (c) If he is laid off and fails to return to work within five (excluding sessional lay-offs5) shall retain working days after he has been notified to do so by registered mail or telegram to his latest address upon the seniority acquired up Company's books unless the employee furnishes a justifiable reason to the Company for failing to so return to work. (d) If he fails to report for work promptly after the expiration of any leave granted to him, unless he is excused by the Company. (e) If he absents himself from work for three (3) consecutive working days without reason satisfactory to both the Company and including one month beyond the last day of work provided that the Union. (f) If he is laid off for a period of layone year or more. 9.10 The Company agrees to advertise permanent job vacancies, plant-off does not exceed twelve wide, for Five (12)5) working days. During the five working days, the Company may fill the job as it deems proper. Thereafter, the Company shall consider applications if any, and fill the vacancy in a manner consistent with the qualification requirements of Section 9.06

Appears in 1 contract

Samples: Collective Agreement

00 - SENIORITY. 10.01 Except as otherwise provided in this article, seniority 12.01 Seniority shall be as defined in Clause 12.02 hereof and shall be recognized on a Bargaining Unit Wide basis, except as herein otherwise specifically stated. 12.02 Upon completion of thirty (30) worked days of his employment an employee shall have his name placed on a seniority list and he shall have seniority dating from the length date of an Employee's compensated service with the University (excluding service as a Temporary employee) excluding overtime since the commencement of his most recent date period of hiring. 10.02 Employees of the University who transfer from outside the Bargaining Unit into positions employment in the Bargaining Unit shall and since which date, there has not retain previously earned been loss of all seniority for the purpose of determining lay-offs under Article 11.03 (Lay-off, Redeployment, Recall and Severance Pay) unless such seniority had been earned as a member of the Bargaining Unit or in a position excluded from the Bargaining Unit because of the confidential nature of the work and which is classified in accordance with Article 27.00 – Job Evaluation, or in a position which is included in the Bargaining Unit as a result of the Union seeking inclusion of their position in the Bargaining Unitpursuant to Clause 12.15 hereof. (a) An Employee who proceeds on In the event of lay-off, seniority will determine the employees to be retained. Employees being displaced due to a lay-off or job elimination will exercise their seniority by bumping in order of seniority and the Company will lay-off employees in the following order: (1) Part-Time employees (2) Probationary employees (3) Full-Time employees with seniority Only an approved leave of absence without pay employee bumped from his shift or classification shall retain be eligible to exercise his seniority in accordance with the seniority acquired up to and including the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniorityabove. (b) An Employee shall continue employee reduced by lay-off will be offered the opportunity to accumulate seniority throughout work available Part-Time hours as specified in Appendix "A" hereof. Commencing eight (8) weeks from the term start of such a lay-off and each subsequent eight (8) week period thereafter, the Company will blend total Part-Time hours as outlined in Appendix "A" for Queensway Perishables and Malton Grocery combined. Such hours will be provided to designated stewards. If the use of such hours exceeds the total eight (8) week blended allotment by fifty (50) hours, the Company will post one (1) Full-Time position. Further increments of fifty (50) hours will result in the Company posting an approved pregnancy leaveadditional position for each fifty (50) hour increment. (c) An Employee who is laid off The Company shall give seniority employees at least one (excluding sessional 1) week's notice of lay-offs) shall retain the seniority acquired up to off or pay in lieu thereof and including one month beyond the last day of work provided that if the period of lay-off does not is expected to exceed twelve (12)thirteen

Appears in 1 contract

Samples: Collective Agreement

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