Definition of Seniority Seniority shall consist of the length of service from the date of hire. All seniority must be continuous and uninterrupted except as otherwise provided in this agreement. Bargaining unit seniority shall be defined as the amount of time an employee has accrued while represented by the Wausau Professional Police Association. Officers not represented by the bargaining unit shall be allowed to return to the bargaining unit with their full bargaining unit seniority, including length of service outside of the unit, if their return is caused by the elimination of their position.
Classification Seniority Classification Seniority" is defined as the length of service in a specific job classification within the bargaining unit, beginning with the date an employee starts to serve a probationary appointment. Classification Seniority shall be interrupted only by separation because of resignation, discharge for just cause, failure to return upon expiration of a leave of absence, failure to respond to a recall from layoff, or retirement.
SENIORITY 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05.
11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns.
11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service.
11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing.
11.05 The seniority of an employee shall be broken for any one of the following reasons:
a) If he/she is discharged for just cause, retired or voluntarily quits.
b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company.
c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement
d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement.
e) If he/she accepts other employment while on leave of absence except with the express permission of the Company.
11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.
Accrual of Seniority Seniority shall accrue during:
(a) the first one hundred and nineteen (119) calendar days of sick leave including time on E.I. sick benefit or Income Replacement Benefits under the Automobile Insurance Act;
(b) unpaid leaves of absence up to and including one hundred and sixty-eight (168) work hours in a calendar year;
(c) hours absent while receiving benefits from the Worker’s Compensation Board;
(d) temporary positions, out-of-scope of any union, with the Employer not to exceed twelve (12) months unless extended by mutual agreement with the union;
(e) bereavement leave, pressing necessity leave, family leave, medical care leave;
(f) jury duty and court service;
(g) vacation leave;
(h) leave for elected Public Office;
(i) union leave;
(j) all maternity/paternity/adoption/parental leave;
(k) education leave up to twenty-four (24) months.
(l) Long-term disability or Income Replacement Benefits under the Automobile Insurance Act.
(m) If an Employee’s hours of work are reduced due to a disability, full-time Employees shall maintain their pre- disability accrual rate. Other than full-time Employees shall accrue seniority as follows:
(i) For those who have worked one (1) year or more: Paid Hours in Previous 52 Weeks = Seniority Hours Per 52 Week of Leave
(ii) For other than full-time Employees who have worked for less than one (1) year:
Calculation of Seniority For the purpose of this Article, "seniority" shall be defined as continuous employment at the university in positions within the bargaining unit. An authorized leave of absence or sabbatical, pursuant to Articles 15, Section C, 18 or 19 of this Agreement, shall not be deemed an interruption of continuous employment. For purposes of seniority calculation, time on a Sabbatical Leave pursuant to Article 15, Section C will be counted based on the ASF Member’s regular appointment as provided in this Subdivision. For purposes of this Section, a full-time ASF Member on a nine (9) to twelve (12) month appointment or a part time ASF Members on a seventy five percent (75%) time or greater appointment for twelve (12) months shall be considered to have accrued one (1) year of seniority. For other part time ASF Member and for first year full time ASF Members whose FTE is less than seventy five (75) percent, the number of months of seniority will be credited based on the FTE of the individual's appointment. If an ASF Member has an assignment in more than one department, program or service area, all seniority will be credited in the one in which the ASF Member is assigned the greatest percentage of time. If the assignment is split equally between more than one department, program or service area, then the President/designee will designate that one in which all seniority will be credited prior to the issuance of the subsequent seniority roster. If two (2) or more ASF Members have equal seniority, then those with greater length of service in permanent status shall have priority for retention. Should ASF Members still be equal in seniority, then the decision of which person to retain will be made on the basis of ASF Member competence and programmatic needs of the university as determined by the President. A seniority roster shall be posted by the President/designee on or before November 1 of each year, and a copy of such rosters shall be furnished to the Campus Association President. Grievances concerning the accuracy of the roster must be filed within thirty (30) calendar days of publication of the roster and must be limited to changes made and shown on the most recent roster. ASF Members on leave status at the time of posting of the seniority roster shall have thirty (30) calendar days after the end of such leave within which to file a grievance. The format of the seniority roster shall be the same for each university. The rosters shall contain all relevant information necessary to implement this Article, including a notification of any department, program or service area in which the ASF Member has served at least thirty-six (36) FTE months.
Seniority Dates Upon request, the Employer agrees to make available to the Union the seniority dates of any employees covered by this Agreement. Such seniority dates shall be subject to correction for error on proper representation by the Union.
Seniority Date Employees shall acquire seniority upon completion of the probationary period as defined in Article XIII and upon acquiring seniority, the seniority date shall relate back to the first date of continuous service in the bargaining unit. If more than one employee commences work on the same date, lot shall determine seniority ranking for such employees. A District-Wide seniority list will be provided for the exclusive representative no later than November 1 of each year.
