Common use of Excluded Employees Clause in Contracts

Excluded Employees. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees as defined by the Civil Service Rules and Regulations shall be permitted to bump back into the Bargaining Unit under procedures outlined in this Article. Seniority of excluded managerial, supervisory, confidential and eligible non-exclusively represented employees for purposes of bumping into the Bargaining Unit shall be computed as follows: a. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who moved from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position prior to November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to November 4, 1982 plus not more than one thousand forty (1040) hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position subsequent to November 4, 1982. b. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who move from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position after November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to the effective date of such appointment and thereafter up to 1040 hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position. c. Seniority of unit employees who have earned time in an excluded managerial, supervisory, confidential and eligible non-exclusively represented position but are in the Bargaining Unit at the time of layoff shall be limited to their time in the Bargaining Unit. d. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who have bumping rights into the Bargaining Unit shall exercise bumping rights in the same manner as unit employees. Specifically, an excluded managerial, supervisory, confidential and eligible non-exclusively represented employee shall be permitted to bump to a lower level in a class series if such employee has attained Civil Service status in a higher level in that class series. e. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who bump into the Bargaining Unit, are subsequently promoted to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position and then are again affected by a reduction in force which will result in their bumping back into the Bargaining Unit shall have their seniority calculated as the total continuous service hours up to the most recent date such excluded managerial, supervisory, confidential and eligible non-exclusively represented employee moved to the excluded managerial, supervisory, confidential and eligible non-exclusively represented position plus not more than one thousand forty (1040) hours earned in the most recent appointment to such excluded managerial, supervisory, confidential and eligible non-exclusively represented position.

Excluded Employees. Excluded managerial, supervisory, confidential and 17 eligible non-exclusively represented employees as defined by the Civil 18 Service Rules and Regulations shall be permitted to bump back into the 19 Bargaining Unit under procedures outlined in this Article. Seniority of 20 excluded managerial, supervisory, confidential and eligible non-exclusively 21 represented employees for purposes of bumping into the Bargaining Unit 22 shall be computed as follows: 23 a. For bumping purposes, all excluded managerial, supervisory, 24 confidential and eligible non-exclusively represented employees who 25 moved from the rank and file of this Bargaining Unit to an excluded 26 managerial, supervisory, confidential and eligible non-exclusively 27 represented position prior to November 4, 1982 shall retain all 28 continuous service hours for purposes of seniority earned up to 29 November 4, 1982 plus not more than one thousand forty (1040) hours 30 earned in such excluded managerial, supervisory, confidential and 31 eligible non-exclusively represented position subsequent to November 32 4, 1982. 33 b. For bumping purposes, all excluded managerial, supervisory, 34 confidential and eligible non-exclusively represented employees who 35 move from the rank and file of this Bargaining Unit to an excluded 36 managerial, supervisory, confidential and eligible non-exclusively 37 represented position after November 4, 1982 shall retain all continuous 38 service hours for purposes of seniority earned up to the effective date 39 of such appointment and thereafter up to 1040 hours earned in such 40 excluded managerial, supervisory, confidential and eligible non-non- 41 exclusively represented position. 1 c. Seniority of unit employees who have earned time in an excluded 2 managerial, supervisory, confidential and eligible non-exclusively 3 represented position but are in the Bargaining Unit at the time of layoff 4 shall be limited to their time in the Bargaining Unit. 5 d. Excluded managerial, supervisory, confidential and eligible non-non- 6 exclusively represented employees who have bumping rights into the 7 Bargaining Unit shall exercise bumping rights in the same manner as 8 unit employees. Specifically, an excluded managerial, supervisory, 9 confidential and eligible non-exclusively represented employee shall be 10 permitted to bump to a lower level in a class series if such employee has attained Civil Service status in a higher level in that class series.employee 12 e. Excluded managerial, supervisory, confidential and eligible non-non- 13 exclusively represented employees who bump into the Bargaining Unit, 14 are subsequently promoted to an excluded managerial, supervisory, 15 confidential and eligible non-exclusively represented position and then 16 are again affected by a reduction in force which will result in their 17 bumping back into the Bargaining Unit shall have their seniority 18 calculated as the total continuous service hours up to the most recent 19 date such excluded managerial, supervisory, confidential and eligible 20 non-exclusively represented employee moved to the excluded 21 managerial, supervisory, confidential and eligible non-exclusively 22 represented position plus not more than one thousand forty (1040) 23 hours earned in the most recent appointment to such excluded 24 managerial, supervisory, confidential and eligible non-exclusively 25 represented position.

Excluded Employees. Excluded managerial, supervisory, confidential and eligible non-non- exclusively represented employees as defined by the Civil Service Rules and Regulations shall be permitted to bump back into the Bargaining Unit under procedures outlined in this Article. Seniority of excluded managerial, supervisory, confidential and eligible non-exclusively represented employees for purposes of bumping into the Bargaining Unit shall be computed as follows: a. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who moved from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position prior to November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to November 4, 1982 plus not more than one thousand forty (1040) hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position subsequent to November 4, 1982. b. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who move from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position after November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to the effective date of such appointment and thereafter up to 1040 hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position. c. Seniority of unit employees who have earned time in an excluded managerial, supervisory, confidential and eligible non-exclusively represented position but are in the Bargaining Unit at the time of layoff shall be limited to their time in the Bargaining Unit. d. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who have bumping rights into the Bargaining Unit shall exercise bumping rights in the same manner as unit employees. Specifically, an excluded managerial, supervisory, confidential and eligible non-exclusively represented employee shall be permitted to bump to a lower level in a class series if such employee has attained Civil Service status in a higher level in that class series. e. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who bump into the Bargaining Unit, are subsequently promoted to an excluded managerial, supervisory, confidential and eligible non-non- exclusively represented position and then are again affected by a reduction in force which will result in their bumping back into the Bargaining Unit shall have their seniority calculated as the total continuous service hours up to the most recent date such excluded managerial, supervisory, confidential and eligible non-exclusively represented employee moved to the excluded managerial, supervisory, confidential and eligible non-exclusively represented position plus not more than one thousand forty (1040) hours earned in the most recent appointment to such excluded managerial, supervisory, confidential and eligible non-exclusively represented position.

Excluded Employees. Excluded managerialIt is the exclusive function of the Agency to continue to enhance its engagements and involvement with the following persons: ▪ Persons employed under special needs agreements; and, supervisory▪ Students employed in a co-operative program or work placement; and, confidential ▪ Students can be hired during the summer term from the beginning of May through to the end of August and eligible nonalso work the Christmas and Spring Break if applicable, students will adhere to the Collective Agreement, students will not be required to pay Union dues, students may be paid more than minimum wage if student grant permits, students will not displace or take away any hours from regular employees (Unifor members), applicants must have proof of enrolment at an educational institution or coming out of a full-exclusively represented employees as defined time program (September – April) and proof of re-enrollment, seniority does not accumulate from year to year; and, ▪ Persons employed with a disability who receive a wage and who are clients of the Agency; and, ▪ Contract employees. Employment of such persons by the Civil Service Rules and Regulations Agency shall be permitted to bump back into the Bargaining Unit under procedures outlined in this Article. Seniority of excluded managerial, supervisory, confidential and eligible non-exclusively represented employees for purposes of bumping into the Bargaining Unit shall be computed as follows: a. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who moved from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position prior to November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to November 4, 1982 plus not more than one thousand forty (1040) hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position subsequent to November 4, 1982. b. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who move from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position after November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to the effective date of such appointment and thereafter up to 1040 hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position. c. Seniority of unit employees who have earned time in an excluded managerial, supervisory, confidential and eligible non-exclusively represented position but are result in the Bargaining Unit at the time displacement, layoff or reduction of layoff shall be limited to their time in the Bargaining Unit. d. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who have bumping rights into the Bargaining Unit shall exercise bumping rights in the same manner as work for bargaining unit employees. SpecificallyThe terms and conditions of this Agreement shall not apply to such persons during such times as they are engaged in these capacities by the Agency. It is agreed that either party may terminate this letter at any time with a ten day notice. Notwithstanding any such notice to terminate this letter of understanding, an excluded managerial, supervisory, confidential and eligible non-exclusively represented employee it is agreed that employment of such persons shall be permitted to bump continue in accordance with this Letter of Understanding to a lower level maximum of 12 months. between: COMMUNITY LIVING XXXXXX-SIOUX LOOKOUT and UNIFOR AND IT’S LOCAL 324-16 RE: WAGE RE-OPENER If at any time during the term of the Collective Agreement, further wage compensation dollars (which create a surplus beyond the wage commitment contained in a class series if such employee has attained Civil Service status in a higher level in that class series. e. Excluded managerialthis package) becomes available, supervisory, confidential the Union will be notified and eligible nonSchedule A will be amended accordingly. between: COMMUNITY LIVING XXXXXX-exclusively represented employees who bump into the Bargaining Unit, are subsequently promoted SIOUX LOOKOUT and UNIFOR AND IT’S LOCAL 324-16 Call outs to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position and then are again affected by a reduction in force which replace scheduled staff will result in their bumping back into the Bargaining Unit shall have their seniority calculated as the total continuous service hours up be given to the most recent date such excluded managerialsenior full-time staff that indicates in writing that they want to be on the call-out list, supervisorythen the most senior part-time employee and then the most senior casual employee. Employees shall not vacate their scheduled shifts to fill call outs. Replacement hours for replacing full-time staff for known periods of five (5) or more working days, confidential and eligible non-exclusively represented employee moved to the excluded managerial, supervisory, confidential and eligible non-exclusively represented position plus not more than one thousand forty (1040) hours earned that in the most recent appointment discretion of the Agency require consistent staffing, may be filled by the senior part time staff oriented at the site who may vacate their scheduled shifts. In the event of an emergency, the Agency may fill the shifts without regard to such excluded managerial, supervisory, confidential and eligible non-exclusively represented positionthis procedure.

Excluded Employees. Excluded managerial, supervisory, confidential and 5 eligible non-exclusively represented employees as defined by the Civil 6 Service Rules and Regulations shall be permitted to bump back into the 7 Bargaining Unit under procedures outlined in this Article. Seniority of 8 excluded managerial, supervisory, confidential and eligible non-exclusively 9 represented employees for purposes of bumping into the Bargaining Unit 10 shall be computed as follows: 12 a. For bumping purposes, all excluded managerial, supervisory, confidential 13 and eligible non-exclusively represented employees who moved from the 14 rank and file of this Bargaining Unit to an excluded managerial, 15 supervisory, confidential and eligible non-exclusively represented position 16 prior to November 4, 1982 shall retain all continuous service hours for 17 purposes of seniority earned up to November 4, 1982 plus not more than 18 one thousand forty (1040) hours earned in such excluded managerial, 19 supervisory, confidential and eligible non-exclusively represented position 20 subsequent to November 4, 1982.. 21 22 b. For bumping purposes, all excluded managerial, supervisory, confidential 23 and eligible non-exclusively represented employees who move from the 24 rank and file of this Bargaining Unit to an excluded managerial, 25 supervisory, confidential and eligible non-exclusively represented position 26 after November 4, 1982 shall retain all continuous service hours for 27 purposes of seniority earned up to the effective date of such appointment 28 and thereafter up to 1040 hours earned in such excluded managerial, 29 supervisory, confidential and eligible non-exclusively represented position. . 30 31 c. Seniority of unit employees who have earned time in an excluded 32 managerial, supervisory, confidential and eligible non-exclusively 33 represented position but are in the Bargaining Unit at the time of layoff 34 shall be limited to their time in the Bargaining Unit. d. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who have bumping rights into the Bargaining Unit shall exercise bumping rights in the same manner as unit employees. Specifically, an excluded managerial, supervisory, confidential and eligible non-exclusively represented employee shall be permitted to bump to a lower level in a class series if such employee has attained Civil Service status in a higher level in that class series. e. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who bump into the Bargaining Unit, are subsequently promoted to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position and then are again affected by a reduction in force which will result in their bumping back into the Bargaining Unit shall have their seniority calculated as the total continuous service hours up to the most recent date such excluded managerial, supervisory, confidential and eligible non-exclusively represented employee moved to the excluded managerial, supervisory, confidential and eligible non-exclusively represented position plus not more than one thousand forty (1040) hours earned in the most recent appointment to such excluded managerial, supervisory, confidential and eligible non-exclusively represented position.35

Excluded Employees. Excluded managerialIt is the exclusive function of the Employer to continue to enhance its engagements and involvement with the following persons: ▪ Persons employed under special needs agreements; and, supervisory▪ Students employed in a co-operative program or work placement; and, confidential ▪ Students can be hired during the summer term from the beginning of May through to the end of August and eligible nonalso work the Christmas and Spring Break if applicable, students will adhere to the Collective Agreement, students will not be required to pay Union dues, students may be paid more than minimum wage if student grant permits, students will not displace or take away any hours from regular employees (Unifor members), applicants must have proof of enrolment at an educational institution or coming out of a full-exclusively represented employees as defined time program (September – April) and proof of re-enrollment, seniority does not accumulate from year to year; and, ▪ Persons employed with a disability who receive a wage and who are clients of the Employer; and, ▪ Contract employees. Employment of such persons by the Civil Service Rules and Regulations Employer shall be permitted to bump back into the Bargaining Unit under procedures outlined in this Article. Seniority of excluded managerial, supervisory, confidential and eligible non-exclusively represented employees for purposes of bumping into the Bargaining Unit shall be computed as follows: a. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who moved from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position prior to November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to November 4, 1982 plus not more than one thousand forty (1040) hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position subsequent to November 4, 1982. b. For bumping purposes, all excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who move from the rank and file of this Bargaining Unit to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position after November 4, 1982 shall retain all continuous service hours for purposes of seniority earned up to the effective date of such appointment and thereafter up to 1040 hours earned in such excluded managerial, supervisory, confidential and eligible non-exclusively represented position. c. Seniority of unit employees who have earned time in an excluded managerial, supervisory, confidential and eligible non-exclusively represented position but are result in the Bargaining Unit at the time displacement, layoff or reduction of layoff shall be limited to their time in the Bargaining Unit. d. Excluded managerial, supervisory, confidential and eligible non-exclusively represented employees who have bumping rights into the Bargaining Unit shall exercise bumping rights in the same manner as work for bargaining unit employees. SpecificallyThe terms and conditions of this Agreement shall not apply to such persons during such times as they are engaged in these capacities by the Employer. It is agreed that either party may terminate this letter at any time with a ten day notice. Notwithstanding any such notice to terminate this letter of understanding, an excluded managerial, supervisory, confidential and eligible non-exclusively represented employee it is agreed that employment of such persons shall be permitted to bump continue in accordance with this Letter of Understanding to a lower level maximum of 12 months. BETWEEN: COMMUNITY LIVING XXXXXX-SIOUX LOOKOUT If at any time during the term of the Collective Agreement, further wage compensation dollars (which create a surplus beyond the wage commitment contained in a class series if such employee has attained Civil Service status in a higher level in that class series. e. Excluded managerialthis package) becomes available, supervisory, confidential the Union will be notified and eligible nonSchedule A will be amended accordingly. BETWEEN: COMMUNITY LIVING XXXXXX-exclusively represented employees who bump into the Bargaining Unit, are subsequently promoted SIOUX LOOKOUT RE: CALL-OUTS AND REPLACEMENT STAFF Call outs to an excluded managerial, supervisory, confidential and eligible non-exclusively represented position and then are again affected by a reduction in force which replace scheduled staff will result in their bumping back into the Bargaining Unit shall have their seniority calculated as the total continuous service hours up be given to the most recent date such excluded managerialsenior part-time employee and go down the part-time seniority list and then the most senior casual employee and then go down the casual seniority list with the most senior staff at the site being offered the shift first. Employees shall not vacate their scheduled shifts to fill call outs. Replacement hours for replacing full-time staff for known periods of five (5) or more working days, supervisory, confidential and eligible non-exclusively represented employee moved to the excluded managerial, supervisory, confidential and eligible non-exclusively represented position plus not more than one thousand forty (1040) hours earned that in the most recent appointment discretion of the Employer require consistent staffing, may be filled by the senior part time staff oriented at the site who may vacate their scheduled shifts. In the event of an emergency, the Employer may fill the shifts without regard to such excluded managerial, supervisory, confidential and eligible non-exclusively represented position.this procedure. RE: NIGHT STAFF (AWAKE) SUPPORT WORKER