Common use of FORCE Clause in Contracts

FORCE. For the purposes of this Agreement, seniority refers to the period of continuous employment of an employee who has completed her probation period, retroactive to her last date of hire. All employees will be subject to a probation period of hours actually worked, following their hiring. In the event that two (2) or more employees are hired on the same date and complete their probation period, their ranking will be determined as follows: greater seniority will be granted to the employee who first completed her probation period; and any tie above will be promptly settled by a draw conducted, in the presence of the concerned employees, by the Team Manager or her designate and the unit Chair or her representative. In the event that an employee who has not completed her probation period is dismissed by the Employer, such employee may not file a grievance contesting the said dismissal, any arbitrator being without jurisdiction to hear such a grievance. An employee shall lose her seniority and her employment in the following cases: Resignation Dismissal for just cause Absence from work for two (2) of her consecutive work days, without notifying the Employer unless the employee had a valid reason not to notify. The employee has the onus of communicating this reason to the Employer as soon as possible. If for a period of twelve (12) consecutive months the employee does not perform any work for the Company. Failure to return to work after the expiration of a leave of absence authorized by the Collective Agreement unless the employee has a valid reason for such failure which reason must be communicated to the Employer as soon as possible. Failure to actually work at least thirty (30) hours in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation nor to any employee who only relies upon the provisions of article to obtain hours of work and whose failure to actually work thirty (30) hours in a calendar month is solely explained by a reduction in hours of work made available by the Employer through the variable schedule. Failure to provide at least forty-five (45) hours of availability to work in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation. For purposes of identifying such hours of availability to work, only the following ones will be considered: hours of availability, on any day, between a.m. and and will be deemed hours of availability for the purposes of this provision, any hours worked by an employee, in a workweek, between and a.m. of the following day. In the event that there is a permanent vacancy in a block within the fixed schedule, unless the situation described at article is prevalent, the Employer shall post such vacancy and the process shall proceed as follows: The vacancy will be posted for a period of fourteen (14) days. Subject to the provisions of paragraph employees who wish to apply must sign their name on the posting during the said period. The Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the successful candidate at above previously had a fixed work schedule, the created vacancy will be posted as provided at paragraph a) and the Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the candidate at above had a fixed work schedule, the created vacancy will be posted as provided at paragraph a) and the Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the successful candidate at above also previously had a fixed work schedule, the created vacancy will be posted as provided at paragraph a). Only employees who do not already possess a fixed work schedule may apply. The Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. Unless she is unavailable for work because of an authorized absence or leave, a candidate will be assigned her new schedule, at the beginning of a work week, within three (3) weeks following her obtaining of the vacancy. Until the successful candidate begins in her new work schedule, the Employer may fill the vacancy by including the said block within its forecast of variable needs. An employee who is absent from work during the posting period on authorized absence or leave may phone a Team Manager to be informed of any posted vacancies. Should she be interested in applying for any of the said vacancies, as an exception to the provisions of paragraph above, the employee must either send a signed fax, or written document, to the attention of the Team Manager, or speak with the Team Manager by phone, in the presence, on line, with a Union representative, indicating her desire to post for a specific vacancy. For more clarity, if an employee chooses to call a Team Manager by phone, her application will be considered as validly given only if, at that time, a Union representative was present and available at work to witness the content of the said call. Thereafter, the Team Manager signs the employee’s name on the posting on her behalf and, where applicable, provides the Union with a copy of the employee’s fax or letter. The Employer shall post the name of the successful candidate and the awarded of fourteen after shift for a the shift.

FORCE. For the purposes of this Agreement, seniority refers to the period of continuous employment of an employee who has completed her probation period, retroactive to her last date of hire. , All employees will be subject to a probation period of hours actually worked, following their hiring. In the event that two (2) or more employees are hired on the same date and complete their probation period, their ranking will be determined as follows: greater seniority will be granted to the employee who first completed her probation period; and and, any tie above will be promptly settled by a draw conducted, in the presence of the the-concerned employees, by the Team Operations Manager or her designate and the unit Chair Union President or her representativetheir representatives. In the event that an employee who has not completed her probation period is dismissed by the Employer, such employee may not file a grievance contesting the said dismissal, any arbitrator being without jurisdiction to hear such a grievance. An employee shall lose her seniority and her employment in the following cases: Resignation Dismissal for just cause Absence resignation dismissal absence from work for two (2) of her consecutive work days, without notifying the Employer unless the employee had a valid reason not to notify. The employee has the onus of communicating this reason to the Employer as soon as possible. If if for a period of twelve (12) consecutive months the employee does not perform any work for the Company. Failure failure to return to work after the expiration of a leave of absence authorized by the Collective Agreement unless the employee has a valid reason for such failure which reason must be communicated to the Employer as soon as possible. Failure to actually work at least thirty eighteen (30) 1 hours in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation nor to any employee who only relies upon the provisions of article to obtain hours of work and whose failure to actually work thirty eighteen (3018) hours in a calendar month is solely explained by a reduction in hours of work made available by the Employer through the variable schedule. Failure to provide at least forty-five (45) hours of availability to work in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation. For purposes of identifying such hours of availability to work, only the following ones will be considered: hours of availability, on any day, between a.m. and and will be deemed hours of availability for the purposes of this provision, any hours worked by an employee, in a workweek, between and a.m. of the following day. In the event that there is a permanent vacancy in a block within the fixed schedule, unless the situation described at article is prevalent, the Employer shall post such vacancy and the process shall proceed as follows: The the vacancy will be posted for a period of fourteen (14) days. Subject subject to the provisions of paragraph employees who wish to apply must sign their name on the posting during the said period. The Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If if the successful candidate at above previously had a fixed work schedule, the created vacancy will be posted as provided at paragraph a) and the Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the candidate at above had a fixed work schedule, the created vacancy will be posted as provided at paragraph a) and the Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the successful candidate at above also previously had a fixed work schedule, the created vacancy will be posted as provided at paragraph a). Only employees who do not already possess a fixed work schedule may apply. The Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. Unless unless she is unavailable for work because of an authorized absence or leave, a successful candidate will be assigned her new schedule, at the beginning of a work week, within three (3) weeks following her obtaining of the vacancy. Until until the successful candidate begins in her new work schedule, the Employer may fill the vacancy by including the said block within its forecast of variable needs. An employee who is absent from work during the posting period on authorized absence or leave may phone a Team Manager to be informed of any posted vacancies. Should she be interested in applying for any of the said vacancies, as an exception to the provisions of paragraph above, the employee must either send a signed fax, or written document, to the attention of the Team Manager, or speak with the Team Manager by phone, in the presence, on line, with a Union representative, indicating her desire to post for a specific vacancy. For more clarity, if an employee chooses to call a Team Manager by phone, her application will be considered as validly given only if, at that time, a Union representative was present and available at work to witness the content of the said call. Thereafter, the Team Manager signs the employee’s name on the posting on her behalf and, where applicable, and provides the Union with a copy of the employee’s fax or letter. The Employer shall post the name of the successful candidate and the awarded of fourteen after shift for a period of fourteen (14) days awarding the shift.

FORCE. For the purposes of this Agreement, seniority refers to the period of continuous employment of an employee who has completed her probation period, retroactive to her last date of hire. , All employees will be subject to a probation period of hours actually worked, following their hiring. In the event that two (2) or more employees are hired on the same date and complete their probation period, their ranking will be determined as follows: greater seniority will be granted to the employee who first completed her probation period; and and, any tie above will be promptly settled by a draw conducted, in the presence of the concerned employees, by the Team Operations Manager or her designate and the unit Chair Union President or her representativetheir representatives. In the event that an employee who has not completed her probation period is dismissed by the Employer, such employee may not file a grievance contesting the said dismissal, any arbitrator being without jurisdiction to hear such a grievance. An employee shall lose her seniority and her employment in the following cases: Resignation Dismissal for just cause Absence resignation dismissal absence from work for two (2) of her consecutive work days, without notifying the Employer unless the employee had a valid reason not to notify. The employee has the onus of communicating this reason to the Employer as soon as possible. If if for a period of twelve (12) consecutive months the employee does not perform any work for the Company. Failure failure to return to work after the expiration of a leave of absence authorized by the Collective Agreement unless the employee has a valid reason for such failure which reason must be communicated to the Employer as soon as possible. Failure to actually work at least thirty eighteen (3018) hours in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation nor to any employee who only relies upon the provisions of article to obtain hours of work and whose failure to actually work thirty eighteen (3018) hours in a calendar month is solely explained by a reduction in hours of work made available by the Employer through the variable schedule. Failure to provide at least forty-five (45) hours of availability to work in any given calendar month. The above does not apply when in a calendar month, an employee was absent from work for at least two (2) shifts by reason of a leave authorized in this Collective Agreement. For purposes of clarity, with regards to the above, an employee, who pursuant to paragraph provides an availability list which is totally blank does not, for the days covered by the said list, qualify as being on a leave authorized in this Collective Agreement. Both above paragraphs do not apply to an employee on probation. For purposes of identifying such hours of availability to work, only the following ones will be considered: hours of availability, on any day, between a.m. and and will be deemed hours of availability for the purposes of this provision, any hours worked by an employee, in a workweek, between and a.m. of the following day. In the event that there is a permanent vacancy in a block within the fixed schedule, unless the situation described at article is prevalent, the Employer shall post such vacancy and the process shall proceed as follows: The the vacancy will be posted for a period of fourteen (14) days. Subject subject to the provisions of paragraph employees who wish to apply must sign their name on the posting during the said period. The Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If if the successful candidate at above previously had a fixed work schedule, the created vacancy will be posted as provided at paragraph a) and the Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the candidate at above had a fixed work schedule, the created vacancy will be posted as provided at paragraph a) and the Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. If the successful candidate at above also previously had a fixed work schedule, the created vacancy will be posted as provided at paragraph a). Only employees who do not already possess a fixed work schedule may apply. The Employer will grant the position to the candidate with the greatest seniority whose name appears on the posting. Unless unless she is unavailable for work because of an authorized absence or leave, a successful candidate will be assigned her new schedule, at the beginning of a work week, within three (3) weeks following her obtaining of the vacancy. Until until the successful candidate begins in her new work schedule, the Employer may fill the vacancy by including the said block within its forecast of variable needs. An employee who is absent from work during the posting period on authorized absence or leave may phone a Team Manager to be informed of any posted vacancies. Should she be interested in applying for any of the said vacancies, as an exception to the provisions of paragraph above, the employee must either send a signed fax, or written document, to the attention of the Team Manager, or speak with the Team Manager by phone, in the presence, on line, with a Union representative, indicating her desire to post for a specific vacancy. For more clarity, if an employee chooses to call a Team Manager by phone, her application will be considered as validly given only if, at that time, a Union representative was present and available at work to witness the content of the said call. Thereafter, the Team Manager signs the employee’s 's name on the posting on her behalf and, where applicable, and provides the Union with a copy of the employee’s 's fax or letter. The Employer shall post the name of the successful candidate and the awarded of fourteen after shift for a period of fourteen (14) days awarding the shift.