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.
Loss of Seniority An employee shall lose all seniority and shall be deemed terminated if:
Equal Seniority If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be laid off will be made on the basis of the greater hire date seniority, and if that be equal, then the determination shall be made by lot.