Super Seniority For purposes of layoff and recall only, the President shall head the seniority list, provided however, that such officer must have the necessary skill and experience to perform the required work. The Sheriff agrees that this section shall not be applied in an arbitrary manner.
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.
Loss of Seniority An employee shall lose all seniority and shall be deemed terminated if:
Role of Seniority in Layoffs (a) Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining-unit-wide seniority, providing that the retained employees are able to perform the available work.
(b) The layoff process will occur in accordance with the Layoff/Recall Policy and Procedures. In no case may this policy override a right or condition outlined within this Collective Agreement.
SENIORITY 14.01 Employees shall retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of service in the bargaining unit and shall be used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Union-wide basis.
14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union.
14.03 Any newly hired full-time, part-time and casual employees shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge.
14.04 Seniority rights shall cease for the following reasons:
(a) If the employee resigns;
(b) After twenty-four (24) consecutive months on layoff;
(c) If the employee is discharged and the discharge is not reversed through the grievance procedure;
(d) If an employee has been absent from work in excess of five (5) working days without sufficient cause or without notifying his xxxxxxx, superintendent, or immediate supervisor, unless satisfactory reason is given;
(e) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason;
(f) If an employee overstays a leave of absence granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given;
(g) Seniority shall end as of the end of the month in which the employee retires
(i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) months probationary period for this position, if laid off, terminated from the assignment or through the posting procedure.
(ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed one (1) year unless mutually agreed otherwise by the Parties. The employee shall return to his former permanent position upon completion of the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of the bargaining unit.
(iii) An employee may be appointed to a position outside of the bargaining unit without a posting, and in such case, the following shall apply:
(a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year.
(b) During the period of appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority.
(c) During the period of appointment, the Parties agree the initial bargaining unit position will be back-filled by existing bargaining unit members on the basis of seniority and qualifications to perform the work involved.
(d) In the event a bargaining unit member is not available to perform this work, or no member of the bargaining unit is willing to perform this work, a casual labour pool employee will be assigned in accordance with the casual labour pool policy.
(e) All subsequent vacancies shall be filled in accordance with (c) and (d) above.
(f) It is understood that any member of the bargaining unit appointed to a temporary unposted non-union position will not be responsible for labour relations or human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers.
(g) It is understood the above conditions come into effect after one (1) shift when a member of the bargaining unit is appointed to a temporary unposted non-union position.
14.06 The seniority date of employees in municipalities, boards or commissions which have been or will be assumed by the Corporation and come within the jurisdiction of this Collective Agreement will be placed in their rightful chronological position on a combined list of employees forming the total seniority list.
14.07 Any regular full-time or part-time employee within the Corporation, who becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to a disability, shall transfer all accumulated seniority and/or credited service with the Corporation to CUPE Local 1287.
14.08 The following is the process to be used when two (2) or more employees have the same seniority date.
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.
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:
Termination of Seniority An employee's seniority shall terminate:
A. If the employee resigns
B. If the employee retires
C. If the employee is discharged
D. If the employee is laid off for a period of more than twenty-four (24) consecutive months
E. If the employee who has completed his/her probationary period fails to report to work as scheduled after any authorized absence or layoff, he may be terminated effective on the 4th calendar day following the scheduled return to work date
Seniority Unit Layoff List Selection shall next be made from the Seniority Unit Layoff List unless the vacancy is being filled by an employee with more classification seniority who has received notice of permanent layoff.
Accumulation of Seniority The seniority of an employee shall continue to accrue during an absence due to:
(a) accident or illness;
(b) maternity or parental leave;
(c) any unpaid leave of absence of up to twelve (12) months;
(d) any paid leave of absence provided for under this Agreement.
