Loss of Seniority – Full-Time and Part. Time
(a) employee quits;
(b) employee is discharged and the discharge is not reversed through the grievance and arbitration procedure;
(c) employee is absent from scheduled work for a period of three
Loss of Seniority – Full-Time and Part Sample Clauses
Related to Loss of Seniority – Full-Time and Part
Loss of Seniority An employee shall lose all seniority and shall be deemed terminated if:
SENIORITY, LAYOFF AND RECALL A. “University seniority” is the employee’s length of continuous service with the University from the employee’s most recent date of hire into a Bargaining Unit position. This date will be considered the date that the employee begins active pay status in a Bargaining Unit position. B. An employee’s seniority shall terminate: 1. If the employee quits. 2. If the employee retires. 3. If the employee is discharged. 4. If the employee who has completed the new hire probationary period fails to report to work as scheduled or fails to report after any authorized absence or layoff, the employee may be terminated effective on the 7th day following the date of mailing a letter from the University advising the employee that they may be terminated if the employee does not advise the University of the employee’s intention to report to work as scheduled. The letter shall be mailed via certified and regular U.S. Mail. 5. When an employee is assigned out of the Bargaining Unit the following provisions will apply: a. If an employee is given a promotion out of the Bargaining Unit, and the employee is later found not to have met the posted qualifications, the employee may be returned to the employee’s prior position without a loss of seniority at any time during the employee’s probationary period. b. If an employee leaves the Bargaining Unit to take a non-Bargaining Unit position and returns to the Bargaining Unit for reasons other than those set forth above during the employee’s probationary period, the employee shall be credited with the employee’s prior seniority and Bargaining Unit rights but shall not be credited with seniority for service outside the Bargaining Unit. c. Except for laid-off employees who are awarded a non-Bargaining Unit position, once an employee has completed the employee’s probation in a non-Bargaining Unit position, the employee relinquishes all forms of Bargaining Unit seniority and shall be treated as a new employee in the event the employee returns to the unit. d. Once a Bargaining Unit employee is promoted out of the Bargaining Unit, the employee does not retain any Bargaining Unit rights except those listed above (i.e., seniority rights). e. This Agreement does not abridge Management’s rights nor guarantee that the employee shall be returned to his or her prior position. C. Departments/segments for the purpose of this Article are defined in Article 16 - Classifications. D. The University will provide the Union with three (3) copies of a seniority list on March 1, and September 1, of each year showing the seniority of each employee in the Bargaining Unit by University Seniority. Any employee shall have ten (10) working days after the list is prepared and posted in the departments to question the employee’s position on that list. If no question is received within the time period, the list shall be deemed accurate for the remainder of the posting period; and if a question is received, the list will be reviewed and revised as appropriate. If two (2) or more employees have the same University Seniority date, their names shall be listed alphabetically last name first, first name last. E. The University will provide the Union with a bi-weekly list of new hires, terminations, promotions, lateral moves, leaves of absence, and retirements in the Bargaining Unit. The list will include the name of the employee and the date of the action. F. The University will continue its efforts to avoid layoffs and will discuss at least thirty (30) days prior to layoff any potential layoffs with the Union in a scheduled labor management meeting. However, the University and the Union recognize that due to lack of funds or lack of work, temporary and permanent layoffs may be required to effectively and efficiently operate the University. G. For seasonal layoffs the following provisions will apply: 1. The University will continue its efforts to minimize seasonal layoffs; but if there is a seasonal layoff of employees in Residential Dining Services, Xxxxx University Center Culinary Services, and/or Central Food Facility of less than 120 days, the provisions of this Article regarding layoffs are not applicable. H. Layoffs will take place according to seniority and in accordance with the specific provisions of this Article covering segments and/or specific classification series within each segment. The University retains the right to determine layoffs in a particular classification, departmental classification series, and/or segment, and the specifics of each layoff. I. The University will lay off the employee with the least University seniority in a classification in a segment’s classification series. (Classification series defined in Article 16 – Classifications.) J. An employee who is laid off will first have the right to displace another employee with less University Seniority in the same classification throughout the University. If there is no less senior employee within the classification, the employee may displace a less senior employee in any classification in which the employee has previously served, or an equivalent or lower classification that the employee is qualified to hold. If there is no other classification available, the employee may displace the full time employee with the least University seniority in the lowest classification University-wide who may then displace the part time employee with the least University seniority in the lowest classification University-wide. Part time employees may not bump full time employees but may bump less senior part time employees. After the exercise of a laid-off employee’s displacement rights, the employee shall not be considered to have further displacement rights until the employee would be subject to layoff again. Employees may choose layoff rather than exercise their displacement right. Such employees will not be considered to have waived their recall rights, nor negatively affect their employment rights. K. An employee’s displacement rights shall be subject to fulfillment of qualifications for the position. Qualifications shall be determined by a thirty-day probationary period if the employee has bumped into a classification in which the employee has not previously served. If the employee does not meet the qualifications of the position at the end of 30 days, the affected employee will be laid off with recall rights. L. Employees shall be notified of layoff in writing by the University at least fourteen (14) calendar days in advance of the layoff. Except for extraordinary circumstances such as acts of God or hospitalization, the employee shall have five (5) days after receipt of the fourteen (14) day notice, excluding weekends and holidays, to notify the University in writing of the employee’s intention to exercise the employee’s displacement rights and to notify the University in writing of the employee’s displacement selection. Failure to provide written notification of the employee’s intention/selection as specified above waives the employee’s displacement rights. M. Employees will be recalled to work in reverse order of the layoff procedure specified herein. Employees shall have recall and reinstatement rights for the period of time equal to the length of their Bargaining Unit seniority from the date of the layoff. However, after two years the affected employee, if interested, will have the obligation to monitor job availabilities by utilizing employment resources available through University Human Resources. An employee who is reinstated shall not serve a probationary period upon reinstatement except where the employee was a probationary employee and the probationary period shall begin anew. Notice of recall to an employee shall be made by hand delivery, or certified mail, or by other carrier using return receipt, to the last known address of such employee. A copy shall be forwarded to the Union. If undeliverable, the University’s obligation shall be considered to be fulfilled. The recalled employee must notify the University within three (3) working days of the date of receipt of notice of his/her intention to return to work. The date for returning to work shall be no less than seven (7) calendar days from date of notice received unless mutually agreed upon with the Union. Failure to return from layoff shall subject the employee to termination of service.
Loss of Seniority and Employment A Nurse shall lose both Seniority and employment in the event that: (a) The Nurse is discharged for just cause and is not reinstated. (b) The Nurse resigns or retires from employment. (c) After recall, the Nurse fails to notify the Employer as set out in lay off provisions unless such notice was not reasonably possible. (d) The Nurse is laid-off for more than two (2) years, subject to lay off provisions. (e) The Nurse is absent from work for three (3) consecutive scheduled shifts or more without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible. (f) A Nurse who retires from employment loses employment and Service, but if within six months of the retirement, the Nurse returns to work in any Bargaining Unit represented by the Nova Scotia Nurses’ Union, the Nurse will maintain the Seniority the Nurse had prior to retirement and may accumulate additional Seniority on either a Casual or Regular basis depending on the status of the appointment after retirement. (g) The Nurse fails to return from an approved leave of absence, without notifying the Employer unless such notice was not reasonably possible or takes unauthorized employment while on an approved leave of absence.
Volunteer Firefighting Leave Leave without pay will be granted when an employee who is a volunteer firefighter is called to duty to respond to a fire, natural disaster or medical emergency.
Posting of Seniority List The Administration shall post the seniority list twice annually by October 1 and March 1 of each work year. The seniority list shall be posted on the designated bulletin board in each building/work site and will indicate, by area of certification, license, or entry-level requirement, the first day worked, the date of Board resolution to hire, and the contract status (limited or continuing) of each employee. Said list shall be provided by the Superintendent to the Association President on or before the date of posting. A. The name of employees on the seniority list shall appear in seniority rank order within areas of certification, license, or entry-level requirements, with the name of the most senior employee appearing at the top of the listing and the name of the least senior employee appearing at the bottom of the listing. B. The names of employees who are certificated, licensed, or otherwise minimally qualified in more than one (1) area shall be included on the listing for all areas of certification, license, or entry-level requirement. C. The names of part-time employees shall appear on the seniority list but shall be listed separately from the names of full-time employees.
LAYOFFS AND RECALL 16.01 It is not the intent of these lay-off and recall procedures to apply to the normal summer period. However, where known, recall dates of ten (10) month employees shall be indicated on the Separation Certificate issued by the Employer. 16.02 In the event of lay-off, employees shall be laid off in reverse order of their seniority provided that those persons retained have the necessary skills, qualifications, and ability to perform the duties of those jobs maintained. a) In order to minimize the potentially disruptive nature of an Educational Assistant lay-off during the school year, an Educational Assistant who has received a lay-off notice during the school year may elect to: i) Accept the lay-off and be recalled under the terms of the Collective Agreement or; ii) Displace the most junior permanent Educational Assistant in the Division. b) Where there are Educational Assistants who are on lay-off or who are laid off at the end of June, and there will not be sufficient positions in September for them all to be recalled, then the Employer will lay-off a sufficient number of the most junior Educational Assistants so as to enable the more senior Educational Assistants to be recalled in September. c) Educational Assistants who receive a lay-off notice must declare their intention to displace a junior Educational Assistant within the first five (5) working days of receipt of the lay-off notice. It is agreed between the parties that failure to do so will mean that the Educational Assistant accepts lay-off at the end of the notice period. 16.03 Employees shall be recalled in order of their seniority provided that the person recalled has the necessary skills, qualifications, and ability to perform the duties of the job. 16.04 New employees shall not be hired if there are employees on lay-off with the necessary skills, qualifications, and ability to perform the work. 16.05 In the event of lay-off, every employee affected shall be given four (4) weeks’ notice before the date on which she is to be laid off, and to the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. 16.06 Grievances concerning lay-offs and recalls shall be initiated at Step II of the grievance procedure. 16.07 Notwithstanding the provisions of Article 15.01, an Educational Assistant who normally works twenty-seven and one-half (27 ½) or more hours per week, and whose hours of work have been unilaterally reduced during the school year, shall, at the Educational Assistant’s option, be deemed to have been laid off. An Educational Assistant accepting a position having fewer hours than their normal working day will be given primary consideration upon application when new positions become available having comparable hours. 16.08 All Educational Assistants laid off shall be placed on a recall list, with copy furnished to the Union, and shall be called back to work as required beginning with the most senior Educational Assistant and descending from there. 16.09 No Educational Assistant shall be permitted to have her name remain on the recall list in excess of twelve (12) school months following the month in which the layoff occurred.
Portability of Sick Leave 1. The employer will accept up to sixty (60) accumulated sick leave days from other school districts in British Columbia, for employees hired to or on exchange in the district. 2. An employee hired to or on exchange in the district shall accumulate and utilize sick leave credit according to the provisions of the Collective Agreement as it applies in that district.
Maternity Adoption and Parental Leave For the purposes of granting Maternity, Adoption and Parental Leave, the provisions of the Canada Labour Code and of its Regulations shall apply.
Investigatory Leave The Appointing Authority/designee may place an employee who is the subject of a disciplinary investigation on an investigatory leave with pay provided a reasonable basis exists to warrant such leave.
Pregnancy and Parental Leave (a) Pregnancy/Parenting leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this provision. (b) If possible the employee shall give written notification at least one (1) month in advance of the date of commencement of such leave and the expected date of return. (c) The employee shall reconfirm her intention to return to work on the date originally approved in subsection (b) above by written notification received by the Employer at least four (4) weeks in advance thereof. The employee shall be reinstated to her former position, unless the position has been discontinued in which case she shall be given a comparable job. (d) An employee who is on pregnancy leave as provided under this Agreement, who has completed five (5) months of continuous service and has applied for and is in receipt of Employment Insurance pregnancy/ parental benefits pursuant to the Employment Insurance Act shall be paid a supplemental employment benefit. That benefit will be equivalent to the difference between seventy-five percent (75%) of her regular weekly earnings (which for part-time employees shall include percentage-in-lieu) and the sum of her weekly Employment Insurance benefits and any other earnings. Such payment shall commence following receipt by the Employer of the employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance pregnancy/ parenting benefits, and shall continue while the employee is in receipt of such benefits for a maximum period of seventeen (17) weeks. The employee will endeavour to provide a copy of the Employment Insurance cheque stub within two (2) weeks of receipt of the employee’s EI benefit. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours. The normal weekly hours for an employee working less than seventy-five
