SENIORITY 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. Notwithstanding the above, as of January 1, 2020, no Employee will accrue more than ten (10) seniority days in any pay period. The seniority list will be converted to a “days worked list” removing the actual seniority date. a) Part-Time Seniority Rating Part time Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated twelve (12) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. 14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. 14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason. 14.4 For the purposes of the probationary period, absences that interrupt the period of active employment may, at the discretion of the Employer, result in the extension of an employee’s probationary period, no greater than the period of absence(s). In such cases the Union and the Employee shall be informed at least fourteen (14) calendar days in advance of the extension. For the purpose of service credits an Employee's length of service shall commence and accumulate from the date on which they entered the service of the Employer as a permanent Employee. (a) An Employee's seniority rating, credited service and employment shall be severed by reason of: (i) dismissal for just cause, or (ii) voluntary resignation, or (iii) failure to report for work within a period of seven (7) calendar days after receipt of written notice to return to work after lay- off, or (iv) a lay-off extending continuously for a period of ten (10) months, or (v) absence without leave without sufficient reason. (b) An Employee’s seniority rating shall be deemed frozen by reason of: (i) A lay-off extending beyond one month, or (ii) A temporary transfer/posting into a managerial position or a non-union position outside the bargaining unit as per Article 13.14, or (iii) Any unpaid leave of absence period other than those defined by this Collective Agreement, legislated by the Employment Standards or Employment Insurance Act. 14.6 The seniority list shall be posted in each workplace as early as practicable but no later than March 1st and September 1st of each calendar year. The Union has thirty (30) calendar days from September 1st to challenge this list. The seniority list shall include the Employee's name, days worked, Employee number, classification, position title and wage grade. For the purposes of layoff and bumping, the seniority list used shall be a current list generated by Human Resources within one (1) week of the date of notice. 14.7 Employees with the same days worked shall have their seniority determined by lottery, as administered by the Union. Once seniority status has been established through the lottery it will be maintained accordingly. If an Employee’s seniority is adjusted due to any of the reasons listed in 14.5 (b) and that adjustment results in them having the same seniority date as one or more other Employees they shall be listed at the top of the group that shares the same days worked. 14.8 The Union will be notified of all new Employees, their start date, department, Employee number, position title and classification. In addition, the Employer will notify the Union upon an Employee's successful completion of their probationary period. 14.9 No seniority will be lost as a result of taking courses related to an Employee’s job and falling within the Employer’s tuition reimbursement policy. 14.10 Once established, an Employee’s seniority ranking shall be used in the determination of all seniority based issues.
Loss of Seniority An employee shall lose all seniority and shall be deemed terminated if: