Common use of Loss of Seniority Clause in Contracts

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quit. (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 4 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

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Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif he: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of his length of seniority or eighteen (18) months; (e) is absent from work without good cause. An employee desiring due to be absent from disability or illness for a period equal to his/her GO Transit seniority or twenty-four (24) consecutive months, whichever is the shorter, or fails to return to work for good cause shall notify their supervisor within ten (10) calendar days of such desire L.T.D. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and can carry out his/her full duties and responsibilities of his/her classification held at the reason therefor before the end time of their previous shift, if possiblebeing placed on L.T.D., and can return to his/her occupation as verified by a medical practitioner in any event not less than writing, and notifies the Corporation in writing within thirty (30) minutes before days of L.T.D. payments being curtailed, will be offered the beginning first available vacancy to be filled in his/her previously held classification within 90 km. of his/her previous work location, should their next shift except in case seniority permit. Further provisions of emergency beyond their control and in such case as soon as reasonably possible. Absence may the offer to the recovered employee will be excused that his/her seniority will be adjusted by the Employeramount of the total absence from his/her termination date to the new rehire date. Such seniority to be adjusted will be GO Transit seniority, but and classification seniority. Vacation entitlement and continuous service date for severance will be as per the Employer may require proof collective agreement. The pension continuous service date will be subject to the pension plan rules, i.e., buy back rights will be extended to the employee. All other benefits will commence on the first day of good cause for the rehire except under the S.T.D., as outlined in Schedule “B”. Any affected employee who wishes to be rehired under this program must acknowledge the Corporation’s offer in writing and return to work within ten (10) calendar days after registration date with the Union of such absencean offer, either by a doctor's certificate or in some other adequate manner if it so desires.otherwise they will forfeit all rights and privileges under this Article; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where upon the expiration of a leave of absence, or utilizes a leave of absence continues due to for a purpose other than that for which it was granted unless excused by the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Employer in writing; (eg) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records fails, upon being notified of the Employer as available for a recall to work from layoff, to report for work within seven five (75) calendar days after receipt such notification has been given by telephone or by registered mail, unless approval has been received by the employee of written notice from the Employer (to postpone his return. Where such notification is given by certified registered mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice it shall be deemed to have been refused received by the employee five (5) days after it is mailed. It is the employee’s responsibility to ensure that his home address and telephone number are current at all times. If the employee fails to do this, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effectwill not be responsible for failure to notify. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif he: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of his length of seniority or eighteen (18) months; (e) is absent from work without good causedue to disability or illness for a period equal to his/her GO Transit seniority or twenty-four (24) consecutive months, whichever is the shorter, or fails to return to work within ten (10) calendar days of such L.T.I.P. payments being curtailed. An employee desiring to be is absent from work due to disability or illness for good cause shall notify their supervisor a period equal to his/her GO Transit seniority or twenty-four (24) consecutive months, whichever is the shorter, or fails to return to work within ten (10) calendar days of such desire L.T.I.P. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and can carry out his/her full duties and responsibilities of his/her classification held at the reason therefor before the end time of their previous shift, if possiblebeing placed on L.T.I.P., and can return to his/her occupation as verified by a medical practitioner in any event not less than writing, and notifies the Company in writing within thirty (30) minutes before days of L.T.I.P. payments being curtailed, will be offered the beginning first available vacancy to be filled in his/her previously held classification within 90 km. of his/her previous work location, should their next shift except in case seniority permit. Further provisions of emergency beyond their control and in such case as soon as reasonably possible. Absence may the offer to the recovered employee will be excused that his/her seniority will be adjusted by the Employeramount of the total absence from his/her termination date to the new rehire date. Such seniority to be adjusted will be GO Transit seniority, but and classification seniority. Vacation entitlement and continuous service date for severance will be as per the Employer may require proof collective agreement. The pension continuous service date will be subject to the pension plan rules, i.e., buy back rights will be extended to the employee. All other benefits will commence on the first day of good cause for the rehire except under the S.T.S.P., as outlined in Schedule “B”. Any affected employee who wishes to be rehired under this program must acknowledge the Company’s offer in writing and return to work within ten (10) calendar days after registration date with the Union of such absencean offer, either by a doctor's certificate or in some other adequate manner if it so desires.otherwise they will forfeit all rights and privileges under this Article; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where upon the expiration of a leave of absence, or utilizes a leave of absence continues due to for a purpose other than that for which it was granted unless excused by the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Employer in writing; (eg) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records fails, upon being notified of the Employer as available for a recall to work from layoff, to report for work within seven five (75) calendar days after receipt such notification has been given by telephone or by registered mail, unless approval has been received by the employee of written notice from the Employer (to postpone his return. Where such notification is given by certified registered mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice it shall be deemed to have been refused received by the employee five (5) days after it is mailed. It is the employee’s responsibility to ensure that his home address and telephone number are current at all times. If the employee fails to do this, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effectwill not be responsible for failure to notify. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif he/she: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of his length of seniority or twenty-four (24) months; (e) is absent from work without good cause. An employee desiring due to be absent from disability or illness for a period equal to his/her bargaining unit seniority or twenty-four (24) consecutive months, whichever is the lesser, or fails to return to work for good cause shall notify their supervisor within ten (10) calendar days of such desire L.T.I.P. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and can carry out his/her full duties and responsibilities of his/her classification held at the reason therefor before the end time of their previous shift, if possiblebeing placed on L.T.I.P., and can return to his/her occupation as verified by a medical practitioner in any event not less than writing, and notifies the Company in writing within thirty (30) minutes before days of L.T.I.P. payments being curtailed, will be offered the beginning of their next shift except first available vacancy to be filled in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.his/her previously held classification; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified upon the expiration of a leave of absence, or utilizes a leave of absence for a purpose other than that for which it was granted unless excused by the Employer in writing; (g) fails, upon being notified of a recall to work from layoff, to report for work within five (5) working days after such notification has been given to the employee by telephone or by registered mail, unless approval has been received by the employee to postpone his/her return to work. Temporary return to work during Where such period (where absence continues due to the same illness or injury) will not notification is given by registered mail, it shall be deemed an interruption of to have been received by the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within employee seven (7) calendar days after receipt by it is mailed. It is the employee’s responsibility to ensure that his/her home address and telephone number are current at all times. If the employee of written notice from fails to do this, the Employer (by certified mail, return receipt requested, addressed will not be responsible for failure to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonnotify. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Loss of Seniority. Employees An Employee shall lose their all service and seniority with the Employer and their employment shall therefore be deemed to be terminated in any of the following eventsif s/he: (a) If they quitis laid-off from their department and job status for over twelve (12) months; (b) voluntarily quits or resigns; (c) is discharged for just cause and not reinstated in accordance with the provisions of this Agreement; (d) fails to return to work after the expiration of an approved leave of absence without a reason satisfactory to the Employer, unless the Employer approves such extensions; (e) uses an authorized leave of absence for a purpose other than that for which it was granted; (f) is absent from work for three (3) consecutive days of work without contacting the Employer and without providing a satisfactory reason. This provision shall not be interpreted as permitting absences of any duration; (g) fails to signify his/her intention to return to work within five (5) days after receiving notice of recall or, within ten (10) days after being recalled, fails to report to work. (a) It shall be the duty of all Employees, including laid off Employees, to notify the Employer’s Human Resource Office promptly, in writing, of any changes in his/her address or telephone number. The Employer shall not be responsible for the failure of any notice of recall to reach an Employee who has failed to comply with this requirement. (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein Any notice sent to an Employee’s last known address by prepaid registered mail or courier requiring proof of delivery shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring conclusively deemed to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused have been received by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued Employee on the records of third day after which it was sent. If the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service is returned to the Employer indicating such notice by the Post Office or Courier Company, it shall be conclusively deemed to have been refused received by the employee, unclaimedEmployee on the date the Post Office stamps it for return, or undelivered for any other reasonthe Courier Company returns it to the Employer. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee shall not lose their seniority and their employment if he/she is absent from work because of sickness, disability, accident, layoff or leave approved by the University. An employee shall be terminated only lose his/her seniority in any of the following eventsevent that: (a) If they quit.he/she is discharged and is not reinstated; (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement.he/she resigns their position; (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be he/she is absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off authority for more than two (2) years.working days unless they had a justifiable reason for having failed to notify their supervisor; (fd) If they fail he/she fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall return to work within seven two (72) calendar working days following a strike or lockout unless he/she had a justifiable reason for having failed to request permission to delay their return to work; e) he/she accepts a permanent position outside of the bargaining unit and successfully completes the probation period pursuant to Article 14.04 or if he/she refuses to return to their former position after receipt by the employee expiry of written notice from the Employer (by certified mail, return receipt requested, addressed a term position pursuant to the employee's last address on record with the EmployerArticle 14.04; f) or upon return of such written notice by the Postal Service fails to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon on the dates specified following an approved leave of absence (extenuating circumstances excepted); g) is laid off for more than six (6) months; h) is sent notice of recall from layoff lay-off and fails to report for duty within four (4) working days of receipt of recall notice (extenuating circumstances excepted); i) Casual employees who refuse eight (8) call-ins within a twelve (12) month period or who do not work in a RRU bargaining unit position in any six (6) month period shall lose accrued seniority and be struck from the list as set forth outlined in Schedule B(2)(f)(i). In this instance, the recall procedurecasual employee’s employment is deemed to be terminated. The University may re-hire the casual employee, however, the employee’s seniority for call-in purposes would start back at zero hours. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant an external applicant who is appointed to any retirement plan a temporary position shall lose accrued seniority and be terminated upon the expiry of the Employer then in effecttemporary appointment. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for proper cause (c) If they are absent he is laid off for two a period in excess of twenty four (224) consecutive working days without notifying months in the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No case of an employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possiblewith less than five (5) years service, and in any event not less than thirty (30) minutes before the beginning months for an employee with five (5) or more years. Any employee who has less than twenty four (24) months seniority shall lose all seniority rights if he is laid off for a period up to his length of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresservice. (d) If they are a person on lay-off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar working days after receipt the Company mails notice of recall by registered mail to the employee. The foregoing provisions may be waived by the Plant Manager in writing if the person furnishes reasons satisfactory to the Plant Manager for such failure on his part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of an employee or laid off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records, or telephoned to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid off person. This notification requirement shall apply in all circumstances when the Company is required to contact an employee. (e) If an employee fails to return to work promptly after the expiration of written notice from any leave granted to him, unless he is excused by the Employer (by certified mailPlant Manager; however, return receipt requested, addressed in the event the employee becomes sick or injured prior to the employee's last address on record with end of his leave of absence, the Employer) or upon return of such written notice by employee must notify the Postal Service Company prior to the Employer indicating such notice end of the leave of absence and provide medical proof confirming the need for an extension to have the leave and be back at work within 12 weeks of the expiry of the leave of absence. (f) If an employee has been refused by the employee, unclaimed, or undelivered absent for any reason other reasonthan lay-off or absence without leave for more that six (6) months. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or an employee takes an unauthorized leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees shall lose their An employee's total seniority and their classification seniority and his/her employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quita. The employee quits, retires, or receives a pension, including a disability pension, under the Defined Contribution Retirement Plan. (b) If they are b. The employee is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement. (c) If they are c. The employee is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail at his/her last known address that, because of the unreported absence, the employee is considered to have resigned (voluntary quit) and is no longer in the employ of Genesee County. In proper cases exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require producing convincing proof of good cause for his/her inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desiresnotice. (d) d. If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon on the date specified for recall from layoff as set forth in the recall procedure. In proper cases, exceptions shall be made upon the employee producing convincing proof of his/her inability to return as required. (h) If they do not e. The employee fails to return as scheduled from sick leave or on the specified date following an approved leave of absence, disability leave, vacation or a disciplinary suspension. In proper cases, exceptions shall be made upon the employee presenting convincing proof of his/her inability to return on the required date. f. The employee has been on layoff status for a period of two (i2) If they willfully make years or the length of his/her seniority, whichever is less. g. The employee has been on disability leave for a false statement which period of two (2) years or for a period of time equal to the length of his/her seniority at the time such disability leave commences, whichever is material less. h. The employee has been on their application Workers' Compensation leave for a period of two (2) years or for a period of time equal to the length of his/her seniority, at the time such Workers' Compensation leave commences, whichever is less. i. The employee engages in other employment or while on their application for leave of absence, without prior written approval from the Director of GVRC. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their a. An employee’s seniority and their employment relationship with the Employer shall be terminated in automatically terminate for any of the following eventsreasons: b. If the employee resigns, quits, retires, or receives a pension (aincluding a disability pension) from a plan sponsored by the Employer; c. If they quit. (b) If they are the employee is discharged or terminated and the discharge is not reversed reinstated through the procedure procedures set forth in this Agreement.; (c) d. If they are the employee fails to give notice of their intent to return to work within three working days and/or fails to report for work within ten calendar days after issuance of the Employer’s notice of recall by certified mail to the last known address of such employee as shown by the Employer’s records. It shall be the responsibility of the employee to maintain a current address with the Employer; e. If the employee is absent from work for two (2) three consecutive working days without notifying advising the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their employee’s supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good a reasonable cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues unless Employer notification was impossible due to circumstances beyond the same illness or injury) will not be deemed an interruption employee’s control. At the conclusion of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month three-day period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of , the Employer as available for recall to work within seven (7) calendar days after receipt by shall notify the employee by registered mail or one- or two- day courier using the courier’s tracking service that their seniority has been terminated; f. If the employee uses a leave of written notice absence for purposes other than that for which it was granted; g. If the employee accepts a settlement from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with or the Employer) or upon return of such written notice by ’s insurance carrier for permanent disability; h. If the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make employee makes a false and material statement which is material on their application for employment or on their application any other departmental records or documents; i. If the employee has not been recalled from layoff for a continuous period of 24 months or for a period equal to the length of the employee’s departmental seniority at the commencement of the leave of absence., whichever is less; j. If the employee has been on an unpaid leave of absence (jother than military leave) If they retire for a period of 24 months or are retired pursuant for a period equal to any retirement plan the length of the Employer then in effect. (k) Exceptions may be made by mutual agreement employee’s departmental seniority at the commencement of the Employer leave of absence, whichever is less; k. If the employee loses any certification required by State law to serve as a law enforcement officer (e.g., MCOLES, etc.), and the Unionis unable to be recertified within a reasonable period of time. .

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their a. An employee’s seniority and their employment relationship with the Employer shall be terminated in automatically terminate for any of the following eventsreasons: b. If the employee resigns, quits, retires, or receives a pension (aincluding a disability pension) from a plan sponsored by the Employer; c. If they quit. (b) If they are the employee is discharged or terminated and the discharge is not reversed reinstated through the procedure procedures set forth in this Agreement.; (c) d. If they are the employee fails to give notice of their intent to return to work within three working days and/or fails to report for work within ten calendar days after issuance of the Employer’s notice of recall by certified mail to the last known address of such employee as shown by the Employer’s records. It shall be the responsibility of the employee to maintain a current address with the Employer; e. If the employee is absent from work for two (2) three consecutive working days without notifying advising the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their employee’s supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good a reasonable cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues unless Employer notification was impossible due to circumstances beyond the same illness or injury) will not be deemed an interruption employee’s control. At the conclusion of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month three-day period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of , the Employer as available for recall to work within seven (7) calendar days after receipt by shall notify the employee by registered mail or one- or two- day courier using the courier’s tracking service that their seniority has been terminated; f. If the employee uses a leave of written notice absence for purposes other than that for which it was granted; g. If the employee accepts a settlement from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with or the Employer) or upon return of such written notice by ’s insurance carrier for permanent disability; h. If the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make employee makes a false and material statement which is material on their application for employment or on their application any other departmental records or documents; i. If the employee has not been recalled from layoff for a continuous period of 24 months or for a period equal to the length of the employee’s departmental seniority at the commencement of the leave of absence., whichever is less; j. If the employee has been on an unpaid leave of absence (jother than military leave) If they retire for a period of 24 months or are retired pursuant for a period equal to any retirement plan the length of the Employer then in effect. (k) Exceptions may be made by mutual agreement employee’s departmental seniority at the commencement of the Employer leave of absence, whichever is less; k. If the employee loses any certification required by State law to serve as a law enforcement officer (e.g., XXXXXX, etc.), and the Unionis unable to be recertified within a reasonable period of time.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for proper cause (c) If they are absent he is laid off for two a period in excess of twenty four (224) consecutive working days without notifying months in the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No case of an employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possiblewith less than five (5) years service, and in any event not less than thirty (30) minutes before the beginning months for an employee with five (5) or more years. Any employee who has less than twenty four (24) months seniority shall lose all seniority rights if he is laid off for a period up to his length of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresservice. (d) If they are a person on lay-off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar working days after receipt the Company mails notice of recall by registered mail to the employee. The foregoing provisions may be waived by the Plant Manager in writing if the person furnishes reasons satisfactory to the Plant Manager for such failure on his part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of an employee or laid off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records, or telephoned to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid off person. (e) If an employee fails to return to work promptly after the expiration of written notice from any leave granted to him, unless he is excused by the Employer (by certified mailPlant Manager; however, return receipt requested, addressed in the event the employee becomes sick or injured prior to the employee's last address on record with end of his leave of absence, the Employer) or upon return of such written notice by employee must notify the Postal Service Company prior to the Employer indicating such notice end of the leave of absence and provide medical proof confirming the need for an extension to have the leave and be back at work within 12 weeks of the expiry of the leave of absence. (f) If an employee has been refused by the employee, unclaimed, or undelivered absent for any reason other reasonthan lay-off or absence without leave for more that six (6) months. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or an employee takes an unauthorized leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee shall lose their seniority and their employment shall be terminated in any of for the following eventsreasons only: (a) If they quitThe employee quits, retires, or receives a pension under the Genesee County Retirement System. (b) If they are The employee is discharged and the discharge is not reversed through the procedure set forth in this Agreementreversed. (c) If they are The employee is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail at his/her last known address that because of his/her unreported absence, he/she is considered to have resigned (voluntary quit) and is no longer in the employ of Genesee County. In proper cases, exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require producing convincing proof of good cause for his/her inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desiresnotice. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon on the date specified for recall from layoff as set forth in the recall procedure. In proper cases, exceptions shall be made upon the employee producing convincing proof of his/her inability to return as required. (e) If the employee does not return from disability leave, leaves of absence, vacation or disciplinary suspension. In proper cases, exceptions shall be made upon the employee producing convincing proof of his/her inability to return as required. (f) If the employee is laid off for a continuous period of five (5) years or the length of his/her seniority, whichever is less. (g) The employee has been on disability leave for a period of five (5) years or for a period of time equal to the length of his/her seniority at the time such disability leave commences, whichever is less. (h) If they do not return as scheduled from sick The employee has been on Workers' Compensation leave for a period of five (5) years or for a period of time equal to the length of his/her seniority, at the time such Workers' Compensation leave of absencecommences, whichever is less. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

Loss of Seniority. Employees 13.01 If an employee who is covered by the terms of this Collective Agreement on or after the effective date of this Agreement is promoted or transferred to a job outside the bargaining unit then that person shall lose their not be transferred back after thirty (30) calendar days in the new position and his seniority and their employment shall be terminated in thereafter cease. 13.02 The seniority rights of an employee shall cease for any of the following eventsreasons and his employment shall be deemed to be terminated: (a) If they quit.an employee quits his employment; (b) If they are an employee is discharged and the such discharge is not reversed through the procedure set forth in this Agreement.Grievance Procedure; (c) If they are the employee fails to return to work within five (5) consecutive scheduled working days after receipt of notice of recall was issued by the Company and sent registered mail to the last known address of the employee shown on the Company’s records. If such employee is employed elsewhere at the time of his recall then he shall be allowed ten (10) working days to return to work, including the day of receipt of notice provided he notifies the Company of his intention to return within the five (5) days referred to herein; d) If the employee fails to report to work upon the expiration of any leave of absence granted to him, unless excused by the Company; e) If an employee is absent for two more than three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause Company unless satisfactory reasons for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.absence are given to the Company within the said three (3) days; (df) If they are an employee with twelve (12) months seniority or less is laid off for a period of twelve (12) months; if an employee with more than twelve (12) consecutive months seniority is laid-off for thirty-six (36) months, or the period of his seniority, whichever is the greater. g) Engages in gainful employment while on workers' compensation and/or other disability a leave of absence from the Company, unless otherwise approved by the Company. It is further understood that such leaves granted by the Company will be unpaid, without all benefit coverage, with the exception of life insurance, and no loss of seniority. An employee recalled from the layoff to cover a leave of absence under this section, will be notified of the length of the recall and will be working under notice of layoff. In the event the recall exceeds the length of the leave, whether or not compensable, or if they fail to return to work it will be treated as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due a regular recall subject to the same illness or injury) will not be deemed an interruption provisions of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodEmployment Standards Act, 2000. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees shall An employee will lose their seniority and their employment shall be terminated in will cease for any of the following eventsreasons: (a) A. If they quitthe employee resigns. (b) B. If they are the employee is discharged and the discharge is not reversed reinstated pursuant to operation of the Grievance Procedure. C. Upon receiving a notice of recall, if the employee fails to notify the Company’s Human Resources Office within three (3) working days from the date appearing on the receipt returned from a certified letter or within six (6) workdays from the postmark of a certified from the confirmed delivery date of an express delivery letter addressed to the employee’s last address shown on the Company’s records and/or fails to report to work within five (5) working days from date of their notification to the Company of the employee’s intention to return to work. The Company, at its discretion, may extend this five (5) day period. D. All employees on layoff status will be required to maintain a current address with the Company and notify the Company by certified mail of any change in address. The Company may at its discretion, periodically require employees on layoff to register with the Company. The Company will notify employees through certified express mail and provide the procedure set forth in registration form. Employees will be required to respond by certified mail within 30 days of intent to maintain recall status. Failure to respond within the 30 day period will cause the employee to lose recall rights under this Agreement. (c) If they E. When employees are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who on leave of absence or vacation and are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail able to return to work as previously scheduled, they will request extension prior to the expiration of their regular leave by notifying their supervision, and if possible, will give a telephone number and address where they can be reached. F. In cases of emergency or for other reasons beyond the employee’s control where the employee cannot notify the Company in advance as outlined in the paragraphs above, the employee will do so at the earliest reasonable opportunity and will be required to show satisfactory evidence for the reason for such action. G. A five (5) day unreported absence on scheduled when they are medically qualified workdays (“no call/no show”) will be just cause for employment termination and seniority will be lost unless the employee presents satisfactory proof that it was not reasonably possible to return report, and avoid, such absence. Any unplanned Aabsence from work will be reported daily to worksupervision within ninety (90) minutes prior to the beginning of the shift or as soon as possible. Temporary return Unreported absence of less than five (5) scheduled workdays or avoidable absence or absence considered excessive based on the individual’s record and circumstances may subject the employee to work during such period (where absence continues disciplinary action. H. After an employee is absent due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such layoff for a period of temporary return seventy-two (72) months. However, only thirty-six (36) months of said seventy-two (72) months will be added to counted towards vesting and early retirement points under the twelve- (12) month United Launch Alliance Pension Plan for Hourly Represented Employees provided the employee retains recall rights during said period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their seniority and their employment 1. Seniority shall be terminated lost when a Flight Attendant resigns or retires, is discharged for just cause, fails to report for duty upon expiration of leave of absence, or remains in any continuous furlough status for a period in excess of five (5) years. 2. A Flight Attendant is considered to have resigned at the time he/she submits his/her written resignation to the Company. During the period of his/her resignation being submitted to the Company and his/her last day of work, he/she may request that the resignation be withdrawn or the effective date extended, through a formal written request to the Managing Director of Inflight Services. It shall be the determination of the following events: (a) If they quit. (b) If they are discharged Managing Director of Inflight Services and Human Resources whether to accept the request to have the resignation withdrawn or the period of time for implementation extended. The Company is under no obligation to do so, and the discharge decision shall be made on an individual basis. No acceptance of such a request shall be deemed a precedent setting for future instances. Once the effective date of the resignation has passed the loss of seniority shall be final unless the Company and the Union mutually agree otherwise. Verbal notices of resignation or written notices to other than designated personnel are not considered as binding and are not considered sufficient in terms of providing required notice. EXAMPLE: A Flight Attendant calls his/her Supervisor on June 1st, and tells him/her, "I'll be leaving on June 15th, so this is not reversed through the procedure set forth in this Agreement. (c) If they are absent for my two (2) consecutive working days without notifying weeks’ notice. My next trip isn't until the Employer provided nothing herein 5th, so I'll drop my written notice off at that time." This shall be construed deemed as prohibiting official notification of resignation. If the Employer from appropriately disciplining employees who are absent without good cause or without notification Flight Attendant brings in his/her written notice on the 5th showing the 15th as otherwise required by this Agreement. No employee his/her last day, he/she shall be absent from work without good causeconsidered to have resigned with proper notice and accrued vacation shall be given to him/her. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of EXAMPLE: A Flight Attendant formally gives written notice from the Employer (by certified mailof his/her resignation on June 1st. His/her last date of flying is June 30th. On June 11th, return receipt requested, addressed to the employee's last address on record he/she resubmits his/her resignation with the Employer) or upon return an effective date of such written notice by the Postal Service to the Employer indicating such notice June 25th. He/she is considered to have been refused by the employee, unclaimed, or undelivered for any other reasongiven sufficient notice and shall be paid all applicable vacation. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Flight Attendant Contract, Flight Attendant Contract

Loss of Seniority. Employees 13.1 Seniority rights shall lose their seniority cease and their employment an employee shall be terminated in deprived of any further rights under this Agreement: a) if the employee quits; b) if the employee is discharged for cause and is not reinstated pursuant to the Grievance Procedure; c) if the employee fails to report to work within ten (10) days after being notified to do so by the Home following a layoff, or fails to advise the Home following a layoff, or fails to advise the Home within five (5) working days of the following events:intention to report for work and unless the employee provides a reasonable excuse acceptable to the Employer; d) if the employee is absent from scheduled work in excess of three (a3) If they quit. (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days or on repeated occasions, or without notifying the Employer, unless such notice was not reasonably possible; e) in the casual employee consistently fails to respond to calls or has not accepted any call-in shift opportunities, for which their seniority would allow them to accept, for a period of three (3) months, shall lose seniority and be deemed terminated. The Employer provided nothing herein shall be construed provide the employee written notice of such termination, as prohibiting prescribed by the Employer Employment Standards Act, as amended. f) if the employee retires or is retired under the existing O.M.E.R.S. Pension Plan; g) if the employee is laid off for a continuous period of twenty-four (24) months calculated from appropriately disciplining employees the date of layoff; h) any employee hired subsequent to July 10, 1990 who are is laid off, or is absent without good cause due to sickness or without notification as otherwise required by this Agreement. No accident for a period of longer than twenty-four (24) months, except; i) an employee shall be absent from work without good cause. An retain any rights which such employee desiring to be absent from work for good cause shall notify their supervisor of such desire and then has in use under the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresLong Term Disability coverage. (dj) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or an employee who is transferred to a position outside of the Bargaining Unit shall retain seniority accumulated in the Bargaining Unit but shall not compensable, or if they fail accumulate further seniority after that date. Such employee shall have the right to return to work as scheduled when their former position in the Bargaining Unit within three (3) months of the transfer. If the former position no longer exists, then the employee shall have the right to bump an employee with less seniority providing they are medically qualified to return to perform the work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees A regular employee on leave of absence without pay, other than leave of absence for an elected or appointed position of the Union, shall not accrue seniority for any leave taken after the first (1st) thirty (30) calendar days. A regular employee who is on leave of absence without pay in an elected or appointed position of the Union, shall continue to accrue seniority without benefits during the leave period, provided that upon returning, the employee shall accept the first available position in his/her original classification at the work location nearest his/her residence. An employee on a claim recognized by WCB shall be credited with service seniority equivalent to what he/she would have earned had he/she not been absent and had been able to work. An employee shall lose their his/her seniority and their employment shall be terminated as a regular employee in any of the following eventsevent that: (a) If they quit.He/she is discharged for just cause; (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement.Subject to Article 25.4, he/she voluntarily terminates his/her employment or abandons his/her position; (c) If they are absent He/she is on lay-off for two more than one (21) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.year; (d) If He/she takes a temporary appointment outside the support staff bargaining unit, but within the College for a period of less than six (6) months. (1) Notwithstanding the above, if he/she takes a temporary appointment for over six (6) months they are off shall retain, but not accrue seniority during the time spent on the temporary appointment for more than up to twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodmonths. (e) If they are laid off He/she is employed on a temporary appointment and declines three (3) separate offers to temporary work on three (3) separate occasions in a six (6) month period. The refusal of work for more than two the following reasons shall not have the decline count as an occurrence as noted above: (1) Absence on WCB; (2) years.Maternity, parental or adoption leave; (f3) If they fail to indicate their desire Bereavement leave; (by certified mail4) Illness, proof of illness may be required if the illness is expected to be continued greater than five (5) days; (5) Illness of a child or inability to obtain child care; (6) Absent on the records of the Employer as available for recall to work within seven Union leave; (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason.Jury duty; (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure.8) Medical or dental appointments; (h9) If they do not return as scheduled from sick leave or leave Any single offer of absence. (i) If they willfully make a false statement work which is material on their application for employment or on their application for leave of absenceless than thirty-five (35) hours. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee shall lose their his seniority and their employment shall be terminated in any of for the following eventsreasons only: (a) If they quitHe quits. (b) If they are He is discharged and the discharge is not reversed through the procedure set forth in this AgreementGrievance Procedure. (c) If they are He is absent for two five (25) consecutive working scheduled work days or forty (40) scheduled work hours without notifying the Employer provided nothing herein plant, unless, for a reason beyond his control, he is unable to comply with such notice requirements. In proper cases, exceptions shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreementmade. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for After such absence, either by Management will send written notification to the employee at his last known address that he has lost his seniority. Such notice will include the name of the person he is to contact at the plant in the event he has evidence to establish a doctor's certificate claim that he did in fact notify the plant of his absence or evidence that his is a proper case in some other adequate manner if it so desireswhich an exception should be made. Such notice will also advise him of his right to Union representation, at his request, while he is in the Employment Office. If the disposition made of any such case is not satisfactory, the matter may be referred to the Grievance Procedure. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or he does not compensable, or if they fail to return to work as scheduled when they are medically qualified called. In proper cases, exceptions shall be made if the employee can satisfactorily substantiate and had promptly informed the plant that for a reason beyond his control he was unable to return comply with such call to workreturn. Temporary return to work during If the disposition made of any such period (where absence continues due case is not satisfactory, the matter may be referred to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodGrievance Procedure. (e) If they are he is laid off during the term of this Agreement for more than two a continuous period equal to the seniority he had acquired at the time of such layoff period, or for five (25) years, whichever is longer. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt He receives permanent total disability benefits under a group insurance policy held by the employee Company. If he ceases to receive such benefits and is reemployed, his seniority, including that which he otherwise would have acquired during the period of written notice from the Employer (by certified mailhis disability, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonshall be restored. (g) He retires or receives a pension under the Pension Plan of this Agreement. If they do not return to work when scheduled upon recall from layoff as set forth in he receives a pension for permanent total disability and is re- employed, his seniority including that which he otherwise would have acquired during the recall procedureperiod of his disability, shall be restored. (h) If they do not return He elects to opt out of Transitional Assistance Benefits and receive a lump-sum cash payment as scheduled from sick leave or leave of absenceoutlined in the Supplemental Unemployment Benefit Plan. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees (a) The parties agree that the following provisions shall lose their apply in respect to the rights and privileges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit. (i) If an employee who is covered by the terms of this Collective Agreement on or after the effective date of this Agreement is promoted or transferred to a job outside the bargaining unit then that person shall not be transferred back after thirty (30) calendar days in the new position and his seniority shall thereafter cease. (b) An employee not covered by this Agreement who has hired in such position, and their employment has never worked in a position within the bargaining unit is transferred into the bargaining unit shall be terminated in as a new employee, and shall commence to accumulate seniority on the date of entry into the bargaining unit. 13:02 Seniority rights of an employee shall cease for any of the following eventsreasons and his employment shall be deemed to be terminated: (a) If they quit.an employee quits his employment; (b) If they are an employee is discharged and the such discharge is be not reversed through the procedure set forth in this Agreement.Grievance Procedure; (c) If they are the employee fails to return to work within three (3) consecutive scheduled working days after receipt of notice of recall was issued by the Company and sent registered mail to the last known address of the employee shown on the Company's records. If such employee is employed elsewhere at the time of his recall then he shall be allowed ten (10) working days to return to work, including the day of receipt of notice provided he notifies the Company of his intention to return within the three (3) days referred to herein; (d) If the employee fails to report to work upon the expiration of any leave of absence granted to him, unless excused by the Company; (e) If an employee is absent for two more than three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause Company unless satisfactory reasons for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.absence are given to the Company within the said three (3) days; (df) If they are an employee with twelve (12) months seniority or less is laid off for a period of twelve (12) months; if an employee with more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensableseniority is laid-off for thirty-six (36) months, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to his seniority, whichever is the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason.greater; (g) If they do not return to work when scheduled upon recall from layoff as set forth Engages in the recall procedure. (h) If they do not return as scheduled from sick leave or gainful employment while on a leave of absenceabsence from the Company. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees An employee's seniority shall lose their seniority terminate and their his/her employment shall be terminated in any of the following eventscease if: (a) If they quitA. The employee separates. (b) If they are B. The employee is discharged and the discharge is not reversed through the procedure set forth in this Agreementgrievance procedure. (c) If they are C. The employee is absent for two three (23) consecutive regularly scheduled working days without notifying the Employer provided nothing herein shall be construed as prohibiting office of the Employer from appropriately disciplining employees who are absent without good cause immediate supervisor or without notification as otherwise required by this Agreementspecified designee. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shiftIn proper cases, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence exceptions may be excused made by the Employer, but the Employer may require proof of good cause for . After such absence, either by a doctor's certificate or in some other adequate manner if it so desiresthe Employer will send written notification to the employee at his/her last known address that she/he has been terminated and, therefore, loses their seniority. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or D. The employee does not compensable, or if they fail to return to work when recalled from layoff as scheduled when they are medically qualified to return to workset forth in the Article 17, Recall Procedure. Temporary return to work during such period (where absence continues due to In proper cases, exceptions may be made by the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodEmployer. (e) If they are E. In the event an employee is laid off for more than a period of time equal to his/her seniority at the time of layoff or three (3) years, whichever is less at the time of layoff. F. The employee does not return from vacation, leave of absence or sick leave in accordance with paragraph C above. G. The employee has been on a long-term disability (LTD) leave for two (2) years. (f) If they fail H. An employee who permanently transfers to indicate their desire (by certified mail) to be continued on a position under the records Employer not included in the Bargaining Unit, shall have his/her accumulated seniority frozen as of the Employer as available day she/he leaves the Unit, for recall a period up to work within seven one (71) calendar days after receipt by year. After one (1) year from date of transfer from this Bargaining Unit, the employee will lose all seniority accumulated within this Bargaining Unit. The time spent out of written notice from the Employer Bargaining Unit will not be counted toward seniority within the Unit. Employees who temporarily transfers to non-bargaining unit positions shall continue to pay union dues and accrue seniority for the duration of the transfer for a period up to one (by certified mail1) year. If the temporary transfer exceeds one (1) year, return receipt requested, addressed to the employee's last address on record with the Employerseniority shall be frozen for up to one (1) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions year and his/her classified position may be made by posted in accordance with Article 20. After one (1) additional year from the date of frozen seniority, the employee shall lose all seniority accumulated within this bargaining unit. The time periods specified above may be extended upon mutual agreement of the Employer and the Unionparties.

Appears in 2 contracts

Samples: Classified Master Agreement, Classified Master Agreement

Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif he: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of his length of seniority or eighteen (18) months; (e) is absent from work without good cause. An employee desiring due to be absent from disability or illness for a period equal to his/her GO Transit seniority or twenty-four (24) consecutive months, whichever is the shorter, or fails to return to work for good cause shall notify their supervisor within ten (10) calendar days of such desire L.T.I.P. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and can carry out his/her full duties and responsibilities of his/her classification held at the reason therefor before the end time of their previous shift, if possiblebeing placed on L.T.I.P., and can return to his/her occupation as verified by a medical practitioner in any event not less than writing, and notifies the Corporation in writing within thirty (30) minutes before days of L.T.I.P. payments being curtailed, will be offered the beginning first available vacancy to be filled in his/her previously held classification within 90 km. of his/her previous work location, should their next shift except in case seniority permit. Further provisions of emergency beyond their control and in such case as soon as reasonably possible. Absence may the offer to the recovered employee will be excused that his/her seniority will be adjusted by the Employeramount of the total absence from his/her termination date to the new rehire date. Such seniority to be adjusted will be GO Transit seniority, but and classification seniority. Vacation entitlement and continuous service date for severance will be as per the Employer may require proof collective agreement. The pension continuous service date will be subject to the pension plan rules, i.e., buy back rights will be extended to the employee. All other benefits will commence on the first day of good cause for the rehire except under the S.T.S.P., as outlined in Schedule “B”. Any affected employee who wishes to be rehired under this program must acknowledge the Corporation’s offer in writing and return to work within ten (10) calendar days after registration date with the Union of such absencean offer, either by a doctor's certificate or in some other adequate manner if it so desires.otherwise they will forfeit all rights and privileges under this Article; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where upon the expiration of a leave of absence, or utilizes a leave of absence continues due to for a purpose other than that for which it was granted unless excused by the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Employer in writing; (eg) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records fails, upon being notified of the Employer as available for a recall to work from layoff, to report for work within seven five (75) calendar days after receipt such notification has been given by telephone or by registered mail, unless approval has been received by the employee of written notice from the Employer (to postpone his return. Where such notification is given by certified registered mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice it shall be deemed to have been refused received by the employee five (5) days after it is mailed. It is the employee’s responsibility to ensure that his home address and telephone number are current at all times. If the employee fails to do this, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effectwill not be responsible for failure to notify. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees shall lose their An employee's seniority and their employment relationship with the Prosecutor shall be terminated in terminate automatically for any of the following eventsreasons: (a) If they quit.the employee quits, retires, or receives a pension, including a disability pension, as a result of employment with the Employer; (b) If they are discharged and the discharge employee is not reversed through the procedure set forth in this Agreement.terminated or discharged: (c) If they are absent the employee fails to notify the Employer for two any three (23) consecutive working days without notifying that the Employer provided nothing herein shall employee will not be construed as prohibiting reporting for work, unless an excuse acceptable to the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.Prosecutor is presented; (d) If they are off the employee is absent for more than twelve any three (123) consecutive months on workers' compensation and/or other disability leaveworking days, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due unless an excuse acceptable to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Prosecutor is presented; (e) If they are laid off for more than two (2) years.the employee fails to return on the required date following the approved leave of absence, vacation, or disciplinary layoff, unless an excuse acceptable to the Prosecutor is presented; (f) If they fail to indicate their desire the employee has been on layoff status for a period of one (by certified mail1) to be continued on year or the records length of the Employer as available employee’s seniority, whichever is less; (g) If the employee fails to report for recall to work within seven fourteen (714) calendar days after receipt by the employee following notification of written notice from the Employer (recall by certified mail, return receipt requested, addressed sent to the employee's ’s last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure.known address; (h) If they do not the employee fails to inform the Prosecutor within three (3 ) working days following receipt of notification of recall that the employee intends to return as scheduled from sick leave or leave of absence.to work for the Prosecutor; (i) If they willfully make a false statement which is material the employee has been on their application for employment or on their application for leave of absence, including a sick or workers' compensation leave, for a period of six (6) months or for a period equal to the length of the employee’s seniority at the time such leave commenced, whichever is less. The Prosecutor, in his/her sole discretion, may waive the limitations of this subsection. (j) If they retire or the Prosecutor's operations are retired pursuant to any retirement plan of the Employer then in effectpermanently discontinued. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees A. Any employee who has acquired seniority in a bargaining unit covered by this Agreement shall lose their seniority and their employment shall will be terminated in any of broken for the following eventsreasons only: (a1) If they quit. quit - either by (b1) If they are discharged and notifying the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two Company or (2) remaining away from work for three (3) consecutive working days without notifying a satisfactory reason. In the Employer provided nothing herein shall be construed as prohibiting event the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No Company terminates an employee shall be absent from work without good cause. An employee desiring to be absent because they remained away from work for good cause three (3) consecutive working days without a satisfactory reason, they shall notify their supervisor be notified by the Company by registered or certified mail of such desire termination. A copy of such notice of termination will be provided the Chairperson. Employees terminated as three-day quits will be allowed to meet with the Chairperson and the reason therefor before factory Manager of LR/HR or their designee upon request from the end Chairperson to offer an explanation for their absence from work. If, after this meeting, the Company determines that the employee should be terminated pursuant to the provisions above, then the Union shall be provided with a copy of their previous shift, if possible, and in any event not less than thirty (30) the minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresthis meeting. (d2) If they are off for more than twelve discharged. (123) consecutive months on workers' compensation and/or other disability leaveIf, whether or not compensable, or if after a layoff out of the plant they fail to return report for work within five (5) working days after being notified, in writing, by registered or certified mail to work as scheduled when they are medically qualified do so at their last known address, unless prevented by illness or other satisfactory reason. Employees laid off and desiring to return to work. Temporary return to work during such period (where absence continues due retain their seniority rights must keep their addresses known to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodCompany. (e4) If they are laid off Any absence from active employment (except for more the period of time of a formal leave of absence, a plant- incurred injury, military service, or Long-Term Disability Benefits, as set forth in Appendix "C," or Total and Permanent Disability Retirement) for a period of time equal to the employee's seniority prior to such absence. However, in no instance will an employee's seniority and employment be broken by an absence of less than two (2) years. (f5) If they fail to indicate their desire (by certified mail) Death or retirement or determination of permanent and total disability as specified in the Xxxx Deere Pension Plan for Wage Employees, except that an employee who had been determined to be totally and permanently disabled, but who recovers and is subsequently reemployed shall have their seniority reinstated as though they had been continued on a leave of absence during the records period of their disability. B. An employee will lose their seniority rights in their seniority classification by: (1) Losing their seniority as set out in A above. (2) Transfer to a seniority classification as a result of job bidding or a voluntary transfer to a seniority classification to fill a vacancy created by job bidding or a transfer to a seniority classification as an incapacitated employee as provided for in Section 18. In these circumstances, their seniority will be transferred to such seniority classification which will thereafter be treated as their seniority classification. In the case of the Employer as available incapacitated employee, however, should they be working in a secondary seniority classification when the incapacity occurs but the incapacity is one which does not incapacitate them for work in their seniority classification, they shall retain their recall rights to work within seven their seniority classification. (73) calendar days after receipt by the employee of written notice Any absence from the Employer seniority classification (by certified mailexcept for the period of time of a formal leave of absence, return receipt requesteda plant- incurred injury, addressed military service, or Long-Term Disability Benefits, as set forth in Appendix "C," or Total and Permanent Disability Retirement) for a period of time equal to the employee's last address seniority prior to such absence or for a period of five (5) consecutive years, whichever is the lesser. However, in no instance will an employee's seniority rights in a seniority classification be broken by an absence from the seniority classification of less than two (2) years. Should an employee lose their classification seniority under this paragraph, the secondary seniority classification will become their seniority classification. Should an employee lose their classification seniority under this paragraph while on record with layoff, the Employersecondary seniority classification held at the time of layoff will become their seniority classification. (4) An employee who has acquired seniority rights in a secondary seniority classification and who does not thereby lose their seniority rights in their seniority classification will lose such rights in the secondary seniority classification upon being reduced or laid off from the secondary seniority classification or upon return to their seniority classification. C. An employee who accepts employment from the LMAS or Outside LMAS list shall carry their disciplinary record to and from the hiring unit(s). Discharge of an employee from any bargaining unit covered by this Agreement will terminate all employment and seniority rights of such written notice employee in any and all bargaining units covered by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonthis Agreement. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees 20.1 An employee’s seniority shall lose their seniority and their employment shall be terminated in any of the following eventsterminate: (a) If they quithe/she quits. (b) If they are he/she is discharged and the discharge is not reversed through the procedure set forth in this Agreementreinstated. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be is absent from work for good cause three (3) consecutive work days without notifying his/her supervisor, or if unable to reach the supervisor, notifying his/her department, or if unable to reach the department, leaving a message with Public Safety. Notwithstanding the provisions of this sub-section, employee's seniority shall notify their supervisor be reinstated if, to the satisfaction of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but it appears that it was impossible for the employee to notify the Employer may require proof of good cause for such absence, either by as required. Any dispute as to the Employer's determination shall be submitted as a doctor's certificate or in some other adequate manner if it so desiresgrievance pursuant to the grievance procedure. (d) If they are off he/she fails to report for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they work from layoff after being notified of the date to report for work by certified mail. Employees who fail to return to report for work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due recalled shall be deemed voluntary quits and any disputes in regard to the same illness or injury) will not interpretation of this section shall be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added referred to the twelve- (12) month periodgrievance procedure. (e) If they are any employee is laid off for more than a continuous period of two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer he/she retires and receives retirement benefits as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonprovided in this Agreement. (g) If they do not return the employee is, pursuant to work procedures established by the Employer, placed on long- term disability leave and remains on disability leave which when scheduled upon recall from layoff as set forth in combined with the recall sick leave period immediately preceding and contiguous with the long-term disability leave exceeds two (2) years. If such employee is re-employed and returns to a position covered by this Agreement, his/her seniority including that which he/she otherwise would have accrued during the period of disability shall be restored. 20.2 Any grievance alleging violations of this section by the Employer shall be submitted at the third step of the grievance procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Loss of Seniority. Employees An Employee shall lose their seniority rights and their employment shall be deemed terminated in any of the following eventsevent: (a) If they quit.He/She is discharged for just cause and is not reinstated; (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement.He/She resigns; (c) If they are He/She is absent for two from work in excess of three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good sufficient cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by notifying the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.; (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail He/She fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days following a lay-off and after receipt being notified by registered mail to do so, unless through sickness or other just cause. It shall be the employee responsibility of written notice from the Employee to keep the Employer informed of his/her current address. An Employee recalled for casual work or employment of short duration not exceeding a period of two (by certified mail2) weeks, at a time when he/she is employed elsewhere, shall not lose his/her recall rights for refusal to return receipt requestedto work. In the case the Employee refuses such offer then the job can be filled for the two (2) weeks without posting; (e) He/She is laid off for a period of more than two (2) years. A laid-off Employee may refuse any recall without loss of seniority for up to 2 years if such recall is in a different classification from which he/she was laid off without losing his/her recall right of refusing to return to work. It shall be the responsibility of the Employee to keep the Employer informed of his/her current address. An Employee recalled for casual work or employment of short duration not exceeding a period of two (2) weeks, addressed at a time when he/she is employed elsewhere, shall not lose his/her recall rights for refusal to return to work. In the employee's last address on record with case the Employee refuses such offer then the job can be filled for the two (2) weeks without posting; (f) He/She overstays a leave of absence without permission of the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered unless for any other reason.just cause; or (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or After any continuous unpaid leave of absenceabsence in excess of two (2) years. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quitA regular employee on leave of absence without pay, other than leave of absence for an elected or appointed position in the Union, or leave granted under Article 21, shall not accrue seniority for leave periods over thirty (30) calendar days. (b) If they are discharged A regular employee on a claim recognized by the Workers' Compensation Board, or on leave to attend school as an apprentice, shall be credited with service seniority equivalent to what would have been earned had the employee not been absent and the discharge is not reversed through the procedure set forth in this Agreementhad been able to work. (c) If they are absent for two (2A regular employee on educational leave under Clause 19.3(b) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting credited with service seniority equivalent to what would have been earned had the Employer from appropriately disciplining employees who are employee not been absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring and had been able to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireswork. (d) If they are off for more than twelve (12) consecutive months A regular employee who is on workers' compensation and/or other disability leave, whether leave of absence without pay in an elected or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption appointed position of the twelve (12) consecutive months but such Union shall continue to accrue seniority without benefits during the leave period of temporary return will be added to provided that, upon returning, the twelve- (12) month periodemployee shall accept the first available position in the employee's original classification at the work location nearest the employee's residence. (e) If they are laid off An employee shall lose seniority as a regular employee and shall no longer be an employee in the event that: (1) the employee is discharged for just cause; (2) subject to Clause 11.4, the employee voluntarily terminates employment or abandons the position; (3) the employee is on layoff for more than two one (21) years.year; (f4) If they fail to indicate their desire (by certified mail) to be continued on In the records of event that the Employer as available for recall is unable to work contact the first recallable employee by telephone, a registered letter shall be mailed to the employee, at the most recent address available. If, within seven (7) calendar days, no response has been received, the second recallable employee shall be recalled on a temporary basis. If, within a further fourteen (14) days after receipt by there has been no response, the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered shall be regarded as unavailable for any other reason.recall and seniority and eligibility for recall permanently cancelled; or (g5) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure.employee accepts severance pay; (h6) If they do not return as scheduled from sick leave or leave of absencethe employee retires. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall An employee will lose their his seniority status and their employment his name shall be terminated in any of removed from the seniority list under the following eventsconditions: (a1) If they quitHe quits or resigns. (b2) If they are discharged and the discharge is not reversed through the procedure set forth in this AgreementDischarged for just cause. (c3) If they are absent for two He does not inform the Company in writing by registered mail or telegraph of his intention to return to service within three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring after day of sending a notice offering to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by reemploy him after a doctor's certificate or in some other adequate manner if it so desireslayoff. (d4) If they are off for more than twelve He does not return to the service on or before a date specified in the notice from the Company after a layoff, which date shall not be prior to the (1210) consecutive months on workers' compensation and/or other disability leaveworking days after receipt of such notice, whether or provided that subdivisions (3) and (4) of paragraph F shall not compensable, or if they fail apply to offers of temporary work. Any notice provided in this paragraph shall be by certified mail (return receipt requested) to the employee at his last address filed with the Company. A copy of notices of recall sent by the Company will be provided to the Local Committee Chairman. (5) He fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to after or at the same illness or injury) will not be deemed end of an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or authorized leave of absence. (i6) He is laid off and does not return to work for a period of three (3) years. If they willfully make hired after December I, 1995 and is laid off and does not return to work for a false statement which is material period of one (1) year. (7) Engages in gainful employment while on their application for employment or on their application for leave of absence, except when (8) selected by the Union to perform full time Union work. (j9) If they retire or are retired pursuant A full-time employee who voluntarily reduces himself to any retirement plan part-time status will be placed in the part-time seniority list at the level earned based on Company date of the Employer then in effecthire and will not be eligible to bid for full-time status for twelve (12) months. Paragraph F(l) will apply regarding full-time seniority. (k10) Exceptions may A part time employee who is not carrying a bid line and is unable to meet the work schedule requirements will lose their active employment status. Minimum work schedule requirements are defined as the employee must be made by mutual agreement of the Employer and the Union.able to work at least twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees 6.3.1 A Pilot shall lose their his seniority and their employment shall years of service and be terminated deemed to have left the employ of the Company if he: a) resigns, subject to the provisions of paragraph 6.3.2; b) retires, subject to mutual agreement between the Company and the Association; c) is discharged for just cause; d) fails to return from layoff or is not recalled from layoff subject to the provisions of Section 17 (XXXXXX AND RECALL); e) was on medical leave, and his Civil Aviation Medical Examiner (CAME) has medically certified the Pilot fit to return to work, and the Pilot refuses to do so; f) is not on an approved leave of absence or layoff and is no longer in contact with the Chief Pilot or his designate for a period of six (6) consecutive Months; g) is absent from work for any reason, other than layoff, for a period of two (2) years inclusive from his last day at work, unless otherwise stipulated in any of the following events: (a) If they quitapplicable statute. (bh) If they are discharged and the discharge is not reversed through the procedure set forth in forfeits seniority pursuant to other terms of this Agreement. (6.3.2 A Pilot resigning his position in good standing and returning to employment with the Company within 180 calendar days from his date of resignation, can retain his previously accrued seniority and years of service. a) The Pilot must submit his application in accordance with the Company’s hiring policy; b) There must be a suitable position vacancy at the time of re-hire; c) If they are absent for two (2) consecutive working days without notifying No Pilot on the Employer provided nothing herein PSSL at the date of any such re-hire shall be construed as prohibiting the Employer involuntarily bumped from appropriately disciplining employees who are absent without good cause or without notification as otherwise required his position, nor shall he be given an involuntary layoff; d) The Pilot’s vacation entitlement will be determined by this Agreement. No employee his previously accrued years of service; e) The Pilot shall be absent from work without good cause. An employee desiring paid at a level of pay that is equal to be absent from work for good cause shall notify their supervisor his previously accrued level at the time of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresresignation. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail 6.3.3 Previously accrued seniority as specified in paragraph 6.3.2 shall be calculated by counting back from the new date of hire an amount of time equal to return his previously accrued seniority prior to work as scheduled when they are medically qualified to return to workresignation. Temporary return to work during such period (where absence continues due to This date would then be the same illness or injury) will not be deemed an interruption basis of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodnew seniority number. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to 6.3.4 The time limit as specified in paragraph 6.3.2 shall only be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made extended by mutual agreement of between the Employer Company and the UnionAssociation. 6.3.5 When a Pilot resigns, they must submit written notification to the Company. The Company, upon receipt of a Pilot’s resignation, shall forward a copy to the MEC Chair.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quitA regular employee on leave of absence without pay, other than leave of absence for an elected or appointed position in the Union, or leave granted under Article 21, shall not accrue seniority for leave periods over thirty (30) calendar days. (b) If they are discharged A regular employee on a claim recognized by the Workers' Compensation Board, or on leave to attend school as an apprentice, shall be credited with service seniority equivalent to what would have been earned had the employee not been absent and the discharge is not reversed through the procedure set forth in this Agreementhad been able to work. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein A regular employee on educational leave under Clause 19.3(b), shall be construed as prohibiting credited with service seniority equivalent to what would have been earned had the Employer from appropriately disciplining employees who are employee not been absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring and had been able to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireswork. (d) If they are off for more than twelve (12) consecutive months A regular employee who is on workers' compensation and/or other disability leave, whether leave of absence without pay in an elected or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption appointed position of the twelve (12) consecutive months but such Union shall continue to accrue seniority without benefits during the leave period of temporary return will be added to provided that, upon returning, the twelve- (12) month periodemployee shall accept the first available position in the employee's original classification at the work location nearest the employee's residence. (e) If they are laid off An employee shall lose seniority as a regular employee and shall no longer be an employee in the event that: (1) the employee is discharged for just cause; (2) subject to Clause 11.4, the employee voluntarily terminates employment or abandons the position; (3) the employee is on layoff for more than two one (21) years.year; (f4) If they fail to indicate their desire (by certified mail) to be continued on In the records of event that the Employer as available for recall is unable to work contact the first recallable employee by telephone, a double registered letter shall be mailed to the employee, at the most recent address available. If, within seven (7) calendar days, no response has been received, the second recallable employee shall be recalled on a temporary basis. If, within a further fourteen (14) days after receipt by there has been no response, the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered shall be regarded as unavailable for any other reason.recall and seniority and eligibility for recall permanently cancelled; or (g5) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure.employee accepts xxxxxxxxx xxxx; (h6) If they do not return as scheduled from sick leave or leave of absencethe employee retires. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.quit their employment; (b) If they are discharged for just cause and the discharge is not reversed through the grievance procedure set forth in this Agreement.or arbitration; (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more a period in excess of eighteen (18) months; (d) a person on layoff fails to return to work within three (3) working days after the Company notifies such employee of recall, or advises the Company of their inability to report within the aforesaid three (3) working days but will in any case report within a further two (2) working days. Where required, the Company may recall the next senior qualified employee, and the senior employee will be recalled at the next opportunity. The foregoing provisions may be waived by the Company Manager in writing if the person furnishes reasons satisfactory to the Company Manager for such failure on their part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which they are qualified and for which they have the necessary seniority is available. It shall be the duty of the employee to provide the Company office with their current postal address and telephone number. It shall also be the duty of the employee, including an employee on lay off, to advise the Company office promptly, in writing, of any change of postal address, or telephone number. If an employee or laid-off person should fail to do this, the Company will not be responsible for failure of a notice to reach them and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records, or telephoned to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid-off person; (e) if an employee fails to return to work promptly after the expiration of any leave granted to them, unless they are excused by the Company Manager; (f) if an employee has been absent for any reason other than layoff for, in the case of an employee with less than two (2) years. ' seniority, one (f1) If they fail to indicate their desire year; in the case of an employee with two (by certified mail2) to be continued on or more years of seniority, two (2) years of absence. In cases of Workers' Compensation, the records provisions of the Employer as available for recall to work within seven (7) calendar days after receipt by Workplace Safety and Insurance Act will apply; however, in no way will the employee Workplace Safety and Insurance Act supersede any of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record rights expressed above. This clause shall be interpreted in a manner consistent with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan provisions of the Employer then in effectOntario Human Rights Code. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quitSeniority shall continue to accrue for a regular employee on any paid leave of absence granted to the employee by the employer and for leaves without pay granted by the employer for periods of thirty (30) calendar days or less. (b) If they are discharged A regular employee on a claim recognized by the Workers' Compensation Board shall be credited with service seniority equivalent to what he/she would have earned had he/she not been absent and the discharge is not reversed through the procedure set forth in this Agreementhad been able to work. (c) If they are absent for two (2) consecutive working days A regular employee who is on leave of absence without notifying pay in an elected or appointed position of the Employer Union shall continue to accrue seniority without benefits during the leave period, provided nothing herein shall be construed as prohibiting that, upon returning, the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from accept the first available position in his/her original classification at the work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireslocation nearest his/her residence. (d) If they are Any regular employee who is laid off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail and who fails to return to work as scheduled when they are medically qualified given ninety-six (96) hours notification to return to work following a lay-off, shall lose seniority. However, should the employee within ten (10) days of the date of notification, provide the employer with evidence, providing inability to comply with the employer's request to return to work, said employee shall have seniority reinstated. Temporary return to work during such period (where absence continues due to It is the same illness or injury) will not be deemed an interruption responsibility of the twelve (12) consecutive months but such period of temporary return will be added employee to provide the twelve- (12) month periodemployer with a current phone number and address. (e) If they are laid off An employee shall lose his/her seniority as a regular employee in the event that: (1) he/she is discharged for just cause; (2) subject to Clause 9.03, he/she voluntarily terminates his/her employment or abandons his/her position; (3) he/she is on layoff for more than two one (21) yearsyear; or (4) he/she becomes a short-term employee except as a result of exercising their rights, in the event of layoff as outlined in Article 18.01(a)(4)(ii) and (iii). (f) If they fail In the event a regular employee with seniority is laid off, continuity of service for the purpose of seniority shall be considered unbroken if said employee returns to indicate their desire the status of an employee within one (1) year. (1) Seniority shall continue to accrue on any paid leave of absence granted to the employee by certified mailthe employer and for leaves without pay granted by the employer for periods of thirty (30) calendar days or less. (2) Seniority shall not continue to be continued on the records of the Employer as available for recall to work within accrue beyond seven (7) calendar days after receipt by the employee months’ absence due to illness of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the an employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan except with written permission of the Employer then in effectemployer. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their seniority and their employment service and shall be deemed to have terminated in any of the following events: (a) If they quit. (b) If they are if he: . . resigns; is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement. (c) If they are grievance/arbitration procedure; is retired; is absent from for two (2) a period of three or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire absence and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due providing to the same illness or injury) will not be deemed an interruption Hospital a reason: has been laid of the twelve (12) consecutive months but such period of temporary return will be added months; j calendar days after that has been notified by through addressed to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued address on the records of Hospital, subject to any special regarding temporary vacancies noted the Employer as available heading of Layoff and Recall; is absent due to illness or disability for recall to work within seven (7) calendar a period of thirty months from the time the disability or illness commenced. Unless otherwise provided in the Collective Agreement: It is understood that during an approved unpaid absence not exceeding thirty continuous days after receipt or any approved absence paid by the both seniority and service will accrue. During an thirty continuous days, credit for service purposes of salary increment, vacation, sick or any other benefits under any provisions of the Collective Agreement or shall be suspended for the period of the absence in excess of thirty continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee’s anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of written notice any employee benefits in which he/she is participating for the period of absence, except that the Hospital will continue to pay its share of the premiums up to eighteen months while an employee is in receipt of benefits. Notwithstanding this provision, shall accrue for a period of fifteen weeks if an employee’s absence is due to 2 disability resulting in benefits. is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for a period of eighteen months if an employee’s absence is due to a disability resulting in benefits*, or for a period of one, year if an employee’s unpaid absence is due to an illness. . . *Note: Add the words “or benefits” only providing benefits. Effective June part-time employee shall accrue for a period of months service for a period of fifteen weeks if absent due disability resulting in benefits, on the basis of the employee’s normal regular hours of work have been. ‘here 2 vacancy in a the or a new position the bargaining unit is established by the Hospital, such vacancy shall be posted for a of seven consecutive days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. The postings shall the qualifications, cl rate of pay, department and shift and a copy shall be provided to the Chief Xxxxxxx. Vacancies created by the filling of an initial permanent vacancy be posted for a period of three consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. name of the successful applicant will be on the bulletin board for a period of seven calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this employees in other bargaining units at the Hospital will be selected in accordance with the criteria for selection above, prior to considering persons not employed by the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to forty-five days, during which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of seniority. The vacancy resulting from the Employer (by certified mailposting may be filled on a temporary basis until the trial period is completed. A list of vacancies filled in the preceding month under this Article and the names of the successful applicants will be posted, return receipt requested, addressed ‘with a copy provided to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonunion. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their Employees' total seniority and classification seniority and their employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quita. The employee quits, retires, or receives a pension under the Genesee County Retirement System. (b) If they are b. The employee is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement. (c) If they are c. The employee is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail at the last known address that because of the unreported absence, the employee is considered to have resigned (voluntary quit) and is no longer in the employ of the Employer. In proper cases, exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require producing convincing proof of good cause for the inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desiresnotice. (d) d. If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon on the date specified for recall from layoff as set forth in the recall procedure. In proper cases, exceptions shall be made upon the employee producing convincing proof of the inability to return as required. (h) If they do not e. The employee fails to return as scheduled from sick leave or on the specified date following an approved leave of absence, disability leave, vacation or a disciplinary suspension. In proper cases, exceptions shall be made upon the employee presenting convincing proof of an inability to return on the required date. f. The employee has been on layoff status for a period of three (i3) If they willfully make years or the length of his or her total seniority, whichever is less. However, said date of termination of seniority shall be extended by one (1) year for each additional five (5) years of total seniority in accordance with the following table: Period of Recall Rights Years of Total Seniority 4 years 8 years 5 years 13 years 6 years 18 or more years g. The employee has been on disability leave for a false statement which period of three (3) years or for a period of time equal to the length of his/her seniority at the time such disability leave commences, whichever is material on their application for employment or on their application for leave of absenceless. h. The employee has been on Workers' Compensation leave for a period of three (j3) If they retire years or are retired pursuant for a period equal to any retirement plan the length of his/her seniority, at the Employer then in effecttime such Workers' Compensation leave commences, whichever is less. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Labor Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for proper cause (c) If they are absent he is laid off for two a period in excess of twenty four (224) consecutive working days without notifying months in the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No case of an employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possiblewith less than five (5) years service, and in any event not less than thirty (30) minutes before the beginning months for an employee with five (5) or more years. Any employee who has less than twenty four (24) months seniority shall lose all seniority rights if he is laid off for a period up to his length of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresservice. (d) If they are a person on lay-off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period within ten (where absence continues due 10) working days after the Company mails notice of recall by registered mail to the same illness or injury) employee. The foregoing provisions may be waived by the Plant Manager in writing if the person furnishes reasons satisfactory to the Plant Manager for such failure on his part. In such cases of waiver, the person will not be deemed an interruption permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of the twelve (12) consecutive months but such period employee or laid off person to notify the Company office promptly, in writing, of temporary return any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be added responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the twelve- (12) month periodaddress which appears on the Company's personnel records, or telephoned to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid off person. (e) If they are laid off an employee fails to return to work promptly after the expiration of any leave granted to him, unless he is excused by the Plant Manager; however, in the event the employee becomes sick or injured prior to the end of his leave of absence, the employee must notify the Company prior to the end of the leave of absence and provide medical proof confirming the need for more than two (2) yearsan extension to the leave and be back at work within 12 weeks of the expiry of the leave of absence. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the an employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have has been refused by the employee, unclaimed, or undelivered absent for any reason other reasonthan lay-off or absence without leave for more that six (6) months. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or an employee takes an unauthorized leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their ‌ An employee's total seniority and their classification seniority and his/her employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quita. The employee quits, retires, or receives a pension, including a disability pension, under the Genesee County Retirement System. (b) If they are b. The employee is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement. (c) If they are c. The employee is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail at his/her last known address that, because of the unreported absence, the employee is considered to have resigned (voluntary quit) and is no longer in the employ of Genesee County. In proper cases exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require producing convincing proof of good cause for his/her inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desiresnotice. (d) d. If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon on the date specified for recall from layoff as set forth in the recall procedure. In proper cases, exceptions shall be made upon the employee producing convincing proof of his/her inability to return as required. (h) If they do not e. The employee fails to return as scheduled from sick leave or on the specified date following an approved leave of absence, disability leave, vacation or a disciplinary suspension. In proper cases, exceptions shall be made upon the employee presenting convincing proof of his/her inability to return on the required date. f. The employee has been on layoff status for a period of three (i3) If they willfully make a false statement which years or the length of his/her seniority, whichever is material on their application for employment or on their application for leave of absenceless. g. The employee has been on disability leave for a period of three (j3) If they retire years or are retired pursuant for a period of time equal to any retirement plan the length of his/her seniority at the Employer then in effecttime such disability leave commences, whichever is less. h. The employee has been on Workers' Compensation leave for a period of four (k4) Exceptions may be made by mutual agreement years or for a period of time equal to the Employer and length of his/her seniority, at the Uniontime such Workers' Compensation leave commences, whichever is less.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An Employee shall lose their seniority rights and their employment shall be deemed terminated in any of the following eventsevent: (a) If they quit.He/She is discharged for just cause and is not reinstated; (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement.He/She resigns; (c) If they are He/She is absent for two from work in excess of three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good sufficient cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by notifying the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.; (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail He/She fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days following a lay-off and after receipt being notified by registered mail to do so, unless through sickness or other just cause. It shall be the employee responsibility of written notice from the Employee to keep the Employer informed of his/her current address. An Employee recalled for casual work or employment of short duration not exceeding a period of two (by certified mail2) weeks, at a time when he/she is employed elsewhere, shall not lose his/her recall rights for refusal to return receipt requestedto work. In the case the Employee refuses such offer then the job can be filled for the two (2) weeks without posting; (e) He/She is laid off for a period of more than two (2) years. A laid-off Employee may refuse any recall without loss of seniority for up to 2 years if such recall is in a different classification from which he/she was laid off without losing his/her recall right of refusing to return to work. It shall be the responsibility of the Employee to keep the Employer informed of his/her current address. An Employee recalled for casual work or employment of short duration not exceeding a period of two (2) weeks, addressed at a time when he/she is employed elsewhere, shall not lose his/her recall rights for refusal to return to work. In the employee's last address on record with case the Employee refuses such offer then the job can be filled for the two (2) weeks without posting; (f) He/She overstays a leave of absence without permission of the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered unless for any other reason.just cause; or (g) If they do not return After any continuous unpaid leave of absence in excess of two (2) years. Relief Employees who have been offered work, but failed to work when scheduled upon recall from layoff as set forth for a period of three (3) consecutive months except in the recall procedure. (h) If they do not return as scheduled from sick leave or leave case of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.an approved leave, included but

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee's seniority shall lose their seniority terminate and their his/her employment shall be terminated in any of the following eventscease if: (a) If they quitA. The employee separates. (b) If they are B. The employee is discharged and the discharge is not reversed through the procedure set forth in this Agreementgrievance procedure. (c) If they are C. The employee is absent for two three (23) consecutive regularly scheduled working days without notifying the Employer provided nothing herein shall be construed as prohibiting office of the Employer from appropriately disciplining employees who are absent without good cause immediate supervisor or without notification as otherwise required by this Agreementspecified designee. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shiftIn proper cases, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence exceptions may be excused made by the Employer, but the Employer may require proof of good cause for . After such absence, either by a doctor's certificate or in some other adequate manner if it so desiresthe Employer will send written notification to the employee at his/her last known address that she/he has been terminated and, therefore, loses their seniority. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the D. The employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon recall recalled from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions Article 17, Recall Procedure. In proper cases, exceptions may be made by the Employer. E. In the event an employee is laid off for a period of time equal to his/her seniority at the time of layoff or three (3) years, whichever is less at the time of layoff. F. The employee does not return from vacation, leave of absence or sick leave in accordance with paragraph C above. G. The employee has been on a long-term disability (LTD) leave for two (2) years or the long-term disability ends, whichever is longer. H. An employee who permanently transfers to a position under the Employer not included in the Bargaining Unit, shall have his/her accumulated seniority frozen as of the day she/he leaves the Unit, for a period up to one (1) year. After one (1) calendar year from date of transfer from this Bargaining Unit, the employee will lose all seniority accumulated within this Bargaining Unit. The time spent out of the Bargaining Unit will not be counted toward seniority within the Unit. Employees who temporarily transfers to non-bargaining unit positions shall continue to pay union dues and accrue seniority for the duration of the transfer for a period up to one (1) calendar year. If the temporary transfer exceeds one (1) calendar year, the employee's seniority shall be frozen for up to one (1) calendar year and his/her classified position may be posted in accordance with Article 20. After one (1) additional calendar year from the date of frozen seniority, the employee shall lose all seniority accumulated within this bargaining unit. The time periods specified above may be extended upon mutual agreement of the Employer and the Unionparties.

Appears in 1 contract

Samples: Classified Master Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be deemed to have terminated in any of employment with the following eventsEmployer if the employee: (a) If they quit.a. voluntarily quits or resigns; (b) If they are b. is discharged and the discharge is not reversed through reinstated pursuant to the procedure set forth grievance and arbitration procedures as provided in this Agreement.; c. fails to signify within seven (c7) If working days from the date the Employer sends to their last known address written notification of recall, an intention to return to work, or fails to report to work after so signifying within a further ten (10) working days; x. overstays a leave of absence granted by the Employer without securing an extension in writing of such leave of absence unless the extension is for reasons acceptable to the Employer, or if they are take employment other than that declared and agreed upon when applying for the leave of absence; e. is absent from work for two more than three (23) consecutive working days for any reason without notifying the Employer provided nothing herein shall be construed as prohibiting Employer; f. is laid off and not recalled within two and one-half (2.5) years of the date of layoff; g. fails to return to work within five (5) working days following an illness or accident or after the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused has been notified by the Employer, but employee's doctor or the Employer may require proof Workers' Compensation Board that the employee is able to return to work; h. has completed a term as defined under Article 5.01 d; or i. is a casual employee who is not on approved sick leave or an approved leave of good cause for such absence, either by absence and has not worked at least six (6) days in a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensablemonth period, or if they fail to return to work such longer period as scheduled when they are medically qualified to return to workmay be established as provided in the next paragraph. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption If a casual employee advises Facilities Management in advance of the twelve (12) consecutive months but such period of temporary return dates that they will be added taking a course on a full-time basis, then the twelve month period mentioned in i) above will be extended by the length of any periods during which the employee was taking the course, other than periods during which the employee was on a break from the course. In such a case, and notwithstanding any other provisions of this agreement, the Employer is relieved of the obligation to call the twelve- (12) month period. (e) If employee in during these periods except on dates the employee advised Facilities Management that they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) wished to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasoncalled in. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees ‌ 20.1 An employee’s seniority shall lose their seniority and their employment shall be terminated in any of the following eventsterminate: (a) If they quithe/she quits. (b) If they are he/she is discharged and the discharge is not reversed through the procedure set forth in this Agreementreinstated. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be is absent from work for good cause three (3) consecutive work days without notifying his/her supervisor, or if unable to reach the supervisor, notifying his/her department, or if unable to reach the department, leaving a message with Public Safety. Notwithstanding the provisions of this sub-section, employee's seniority shall notify their supervisor be reinstated if, to the satisfaction of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but it appears that it was impossible for the employee to notify the Employer may require proof of good cause for such absence, either by as required. Any dispute as to the Employer's determination shall be submitted as a doctor's certificate or in some other adequate manner if it so desiresgrievance pursuant to the grievance procedure. (d) If they are off he/she fails to report for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they work from layoff after being notified of the date to report for work by certified mail. Employees who fail to return to report for work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due recalled shall be deemed voluntary quits and any disputes in regard to the same illness or injury) will not interpretation of this section shall be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added referred to the twelve- (12) month periodgrievance procedure. (e) If they are any employee is laid off for more than a continuous period of two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer he/she retires and receives retirement benefits as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonprovided in this Agreement. (g) If they do not return the employee is, pursuant to work procedures established by the Employer, placed on long- term disability leave and remains on disability leave which when scheduled upon recall from layoff as set forth in combined with the recall sick leave period immediately preceding and contiguous with the long-term disability leave exceeds two (2) years. If such employee is re-employed and returns to a position covered by this Agreement, his/her seniority including that which he/she otherwise would have accrued during the period of disability shall be restored. 20.2 Any grievance alleging violations of this section by the Employer shall be submitted at the third step of the grievance procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Employment Agreement

Loss of Seniority. Employees “An employee shall lose their all seniority and their employment service and shall be deemed to have terminated in any of the following events: (a) If they quit. (b) If they are if he: resigns; is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement. (c) If they are grievance/arbitration procedure; is retired; is absent from scheduled work for two (2) a period of three or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor Hospital of such desire absence and providing to the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by Hospital a doctor's certificate or in some other adequate manner if it so desires. (d) If they are satisfactory reason; has been laid off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or twenty-four months; if they fail the employee has been laid off and fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due within seven calendar days after that employee has been notified by the Hospital through registered mail addressed to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued last address on the records of the Employer as available Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; is absent due to illness or disability for recall to work a period of thirty calendar months from the time the disability or illness commenced.” “Where a permanent vacancy occurs in a classification within seven (7) calendar days after receipt the bargaining unit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven consecutive calendar days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein, In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The name of the successful applicant will be posted on the bulletin board for a period of seven calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this Article, employees in other bargaining units at the will be considered for such positions prior to considering persons not employed by the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to thirty days, during which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of written notice seniority. The vacancy resulting from the Employer (by certified mailposting may be filled on a temporary basis until the trial period is completed.” A list of vacancies filled in the preceding month under this Article and the names of the successful applicants will be posted, return receipt requested, addressed with a copy provided to the employee's last address union. It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six months. Such employees on record temporary assignments shall remain members of the bargaining unit. An employee who is transferred to a position outside the bargaining unit shall not, subject to below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit he shall be credited with the Employer) or upon seniority held at the time of transfer and resume accumulation from the date of his return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by bargaining unit. In the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan event an employee transferred out of the Employer then in effectbargaining unit under above is to the within a of calendar months he shall accumulate seniority during the period of time outside the bargaining unit. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their An Employee’s Crozer and Classification seniority and their employment shall will be terminated in any of the following eventslost when he/she: (a) If they quit.Terminates voluntarily; (b) If they are Is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for just cause; (c) If they are absent Is laid off for two a period of eighteen (218) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause months or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring sooner if he or she fails to be absent from work for good cause shall notify their supervisor timely accept an offer of such desire and the reason therefor before the end recall to a comparable position (e.g. Classification (Paramedic or EMT), category of their previous shift, if possible, and in any event not less than thirty employment (30full-time or part-time) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireswhile on lay-off.) (d) If they are off for more than twelve the Employee accepts employment from another Employer during an approved leave of absence (12except required military duty) consecutive months on workers' or worker compensation and/or other disability leave, whether or not compensable, or if they fail without receiving prior consent from CROZER to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month perioddo so. (e) If they are laid off Is absent from work for three (3) consecutive scheduled workdays without notification to CROZER, provided it is possible to do so. (f) Does not return to work from an approved leave of absence. (g) Leaves CROZER EMS for a position within the PASNAP organization for more than two (2) years or leaves the bargaining unit for another CROZER position for more than (2) years. Should the Employee be hired back into a bargaining unit position within two years of their departure, the following terms shall apply depending upon the position held during the interim period: i. During the period in which the Employee either leaves Crozer EMS bargaining unit for a position within the PASNAP organization or a non-benefit eligible Crozer position (e.g. PRN), both the Employee’s CROZER and CLASSIFICATION seniority up to the point of their departure shall be frozen and shall not continue to accrue. (f) ii. If they fail an Employee leaves the Crozer EMS bargaining unit for another Crozer benefit eligible position, the Employee’s CLASSIFICATION seniority will be frozen and shall not continue to indicate accrue beyond the date of their desire (by certified mail) departure; however, their CROZER seniority shall continue to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonaccrue. (g) iii. If such Employees are hired back into a unit position within two years of their departure, they do not return to work when scheduled shall recapture their frozen seniority upon recall from layoff as set forth in the recall proceduredate of their re- employment. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees Section 1. An Employee shall lose their his/her seniority and their employment shall be terminated in any of for the following eventsreasons: (a) If they quitA. An Employee quits or retires. (b) If they are discharged and the discharge B. An Employee is not reversed through the procedure set forth in this Agreementdischarged. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. C. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event Employee does not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will recalled from layoff, if he/she does not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of notify the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of certified written notice from the Employer (by certified mailnotification to return to work after layoff, return receipt requested, addressed as to the employee's last address on record with the Employerdate when he/she will return, which must be within two (2) or upon return weeks after delivery of such written notice by the Postal Service to the Employer indicating such notice to his/her last known address, the Employee will be considered to have been refused voluntarily quit. D. An Employee is absent without notifying the Sheriff for three consecutive days. After such absence the Employer will send certified written notice to the Employee at his/her last known address that because of his/her unexcused absence he/she has voluntary quit and is no longer in the employ of the County. E. An Employee is laid off for a continuous period of two years. F. He/she is declared mentally incompetent by the employee, unclaimeda Probate Court of competent jurisdiction. G. An Employee makes a fraudulent and misleading statement on his/her employment application or a leave of absence request. H. An employee is convicted of, or undelivered for any other reasonpleads nolo contendere to, a felony, a work-related misdemeanor, or a misdemeanor resulting in the Employee’s incarceration. I. If he/she has been on leave of absence including for sick leave, for a period of one (g1) year or for a period equal to the length of his/her seniority at the time such leave commenced, whichever is less; or If they do not return he/she has been on worker's compensation leave for a period of twenty-four (24) months or for a period equal to work when scheduled upon recall from layoff as set forth in the recall procedurelength of his/her seniority at the time such worker's compensation leave commenced, whichever is less. (h) If they do not return as scheduled from sick leave J. The Employee loses the required license or leave of absencecertification for his/her position. (i) If they willfully make a false statement Section 2. The seniority of an Employee which is material on their application has been lost under any of the above provisions may be restored in full or in part by mutual Agreement between the Sheriff and the Union for employment or on their application for leave of absenceretirement purposes only and only if the Employee pays back funds which he/she was refunded from the retirement fund at the time his/her seniority was terminated. (j) If they retire or are retired pursuant to any retirement plan Section 3. Sheriff’s Office seniority shall be from the last date of the Employer then hire except as provided otherwise in effectthis Article. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quitSeniority shall continue to accrue for a regular employee on any paid leave of absence granted to the employee by the Employer and for leaves without pay granted by the Employer for periods of thirty (30) calendar days or less. (b) If they are discharged A regular employee on a claim recognized by the Workers' Compensation Board shall be credited with service seniority equivalent to what he/she would have earned had he/she not been absent and the discharge is not reversed through the procedure set forth in this Agreementhad been able to work. (c) If they are absent for two (2) consecutive working days A regular employee who is on leave of absence without notifying pay in an elected or appointed position of the Employer Union shall continue to accrue seniority without benefits during the leave period, provided nothing herein shall be construed as prohibiting that, upon returning, the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from accept the first available position in his/her original classification at the work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireslocation nearest his/her residence. (d) If they are Any regular employee who is laid off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail and who fails to return to work as scheduled when they are medically qualified given ninety-six (96) hours notification to return to work following a layoff, shall lose seniority. However, should the employee within ten (10) days of the date of notification, provide the Employer with evidence, providing inability to comply with the Employer's request to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period, said employee shall have seniority reinstated. (e) If they are laid off An employee shall lose his/her seniority as a regular employee in the event that: (1) he/she is discharged for just cause; (2) subject to Clause 9.3, he/she voluntarily terminates his/her employment or abandons his/her position; (3) he/she is on layoff for more than two one (21) yearsyear; or (4) he/she becomes a short-term employee except as a result of exercising their rights, in the event of layoff as outlined in Article 18.1(a)(4)(ii) and (iii). (f) If they fail to indicate their desire (by certified mail) to In the event a regular employee with seniority is laid off, continuity of service for the purpose of seniority shall be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the considered unbroken if said employee of written notice from the Employer (by certified mail, return receipt requested, addressed returns to the employee's last address on record with the Employerstatus of a regular employee within one (1) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonyear. (g1) If they do Seniority shall not return continue to work when scheduled upon recall from layoff as set forth in the recall procedure. accrue beyond six (h6) If they do not return as scheduled from sick leave or leave months' absence due to illness of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan an employee, except with written permission of the Employer then in effect. (k) Exceptions may be made by mutual agreement Employer. It is the responsibility of the employee to provide the Employer with a current phone number and the Unionaddress.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.He quits his employment; (b) If they are He is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for just cause; (c) If they are absent He is laid-off for two a period in excess of twenty-four (224) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.months; (d) If they are A person on lay-off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar working days after receipt the Company’s notice of recall is delivered by registered mail or courier to the last address of the person shown on the Personnel Office records, or if the person within four (4) working days after such notice of recall is so delivered, fails to notify the Personnel Office of his intention to return to work. The forgoing provision may be waived by the Personnel Manager in writing if the person furnishes reasons satisfactory to the Personnel Manager for such failure of his part. If such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime with less seniority who had been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of the employee or laid-off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid-off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the address which appears in the Company’s Personnel records, shall be conclusively deemed to have been received by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonlaid-off person. (ge) If they do not an employee fails to return to work when scheduled upon recall from layoff as set forth in promptly after the recall procedureexpiration of any leave granted to him, unless an excuse acceptable to the Personnel Manager is provided immediately on demand to the last known address and he is subsequently excused by the Personnel manager. (hf) If they do not return as scheduled an employee absents himself from sick leave work for three (3) days or leave of absencemore without a reason satisfactory to the Company. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their Whenever they are used in the Collective Agreement, the terms seniority and their employment service shall be deemed to refer to length of employment and shall continue to accumulate subject to the following condition: when actually at work for the Employer; when off the payroll due to layoff or sickness or accident, in which case seniority will continue to accumulate until same terminated in according to Article 15.02; when absent on vacation or on holidays. It is understood that during an approved absence not paid by the Employer not exceeding thirty (30) continuous days or any approved absence paid by the Home, both seniority and service will accrue. During any absence not paid by the Employer exceeding continuous calendar days other than an absence under the maternity provisions, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the following events: (a) If they quit. (b) If they are Collective Agreement elsewhere, shall be suspended; the benefits concerned appropriately reduced on pro-rata basis and the anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits in which is participating for the period of the absence. The employee is required to make the payment one week prior to the end of the month for which full payment is due. An employee who fails to do so will not be covered by the benefit plan. It is further understood that during such leave of absence not paid by the Employer; credit for seniority for purpose of promotion, demotion, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue during maternity leave or for a period of twenty-four months if an employee's absence is due to a disability resulting in benefits. voluntarily resigns, retires or is discharged for just cause and the discharge is not reversed through the procedure set forth grievance procedure. layoff in this Agreement. excess of twenty-four (c24) If they are absent months; absence occasioned by illness or accident exceeding twenty-four (24) months; absence for two three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No in which case such employee shall be absent from work without good cause. An employee desiring deemed to be absent from work for good cause shall notify their supervisor have quit the employ of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof without notice unless a reason satisfactory to the Employer given; failure to notify the Employer of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail intention to return to work as scheduled when they are medically qualified within hours of being notified of recall by registered mail or failure to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.seven

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their his/her seniority and their employment shall be terminated in any of the following eventsdeemed to be terminated: (a1) If they quitonce he/she has been off for a period of time which is equivalent to his/her accumulated length of service since the date of his/her last hire or twelve (12) months which ever is shorter (where an employee elects to receive termination pay rather than maintain his/her recall rights he/she shall be deemed to have resigned from the Company’s employ). (b2) Where such absence is occasioned by handicap as defined in the Ontario Human Rights Code, the employer shall within that time frame be obligated to make accommodation, short of undue hardship (having regard to the cost, outside of sources of funding if any, and Health and Safety requirement if any) to enable the employee to perform the essential duties of his or her position, if it exists, and the employee shall be returned to that position, if it exists, at such time within that time frame as, with such accommodation, the employee is able to perform the essential duties of the position. (3) As further accommodation for the employee whose absence has been occasioned by illness, injury or handicap, the employer shall be obligated to return the employee to his or her position, if it still exists, at such time as the employee (without accommodation) can perform the essential duties of that position, provided that this obligation to return the employee to work ceases at the end of twenty-four (24) months from the commencement of the absence. (4) If they are the employee’s position no longer exists, the obligation will apply to the position, if any, the employee would otherwise have held but for the need to be absent. (5) In the event it is unclear whether the employee can with the above accommodation perform the essential duties of the appropriate position as identified above, the employee maybe provided a trial period of up to one month without thereby obtaining any rights he/she would not have had but for the trial return. (6) When he/she resigns from the employ of the Company; (7) When he/she is discharged for just cause and the such discharge is not reversed through the procedure set forth in this Agreementgrievance procedure; (8) If he/she fails to return to work within five (5) days of receipt of notification by registered mail of his/her recall to the Company’s active employ. (c9) If they are he/she is absent for two three (23) consecutive working days without notifying unless a reason satisfactory to the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresis given. (d10) If they are off during any one (1) year period an employee is absent for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.ten

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees 11.01 An employee shall lose their all seniority and their employment shall be terminated in any deemed to have quit the employ of the following eventsCompany if he: (a) If they quit.Voluntarily quits the employ of the Company; (b) If they are Is discharged for cause and the discharge is not reversed through the procedure set forth in this Agreement.Grievance Procedure; (c) If they Fails to report for work, within his classification, five (5) calendar days after being notified by the Company following a layoff by registered mail to his address on record with the Company. Recalls of less than five days are optional and not subject to the foregoing. (d) Is absent for two three (23) consecutive scheduled working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause Company and/or providing satisfactory proof of illness or without notification as otherwise required by this Agreementinjury during his absence. No employee shall be absent from work without good cause. An employee desiring If absence is due to be absent from work for good cause shall notify their supervisor of such desire and other reasons, the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may must be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due acceptable to the same illness or injury) will not Company and satisfactory proof must be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodprovided. (e) If they are Is laid off for more than two a period in excess of twenty-four (224) yearsmonths; or as per 9:08 (d). (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall Does not return to work within seven (7) calendar days after receipt by at the employee expiration of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) a leave of absence or upon return uses a leave of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered absence for any a purpose other reason.than that for which it was granted; (g) Is absent due to illness or disability (except absences for which WSIB benefits are received) which absence continues for the lesser of twenty four (24) months or a period equivalent to the employee’s length of seniority at the time the illness or disability commenced provided the employee maintains eligibility for short and/or long term disability benefits. If they do the employee loses eligibility and such eligibility is not reinstated through appeal, and he does not return to work when scheduled upon recall from layoff as set forth in immediately, his seniority will cease and the recall procedureemployee will be terminated. (h) 11.02 It shall be the duty of employees to notify the Company promptly of any change in address. If they an employee fails to do this, the Company will not return as scheduled from sick leave or leave be responsible for failure of absenceany notice provided for under this Agreement to reach such an employee. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave 11.03 Copies of absence. (j) If they retire or are retired pursuant all recall notices will be given to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union. 11.04 The Company will endeavour to give six (6) months notification in the event of closure or partial closure. Notwithstanding the above, there will be no monetary compensation provided in lieu of this notification other than that which is provided under Employment Standards.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their An employee's seniority and their his/her employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quitThe employee quits, retires, or receives a pension, including a disability pension, under the Genesee County Retirement System. (b) If they are The employee is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement. (c) If they are The employee is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail at his/her last known address that, because of the unreported absence, the employee is considered to have resigned (voluntary quit) and is no longer in the employ of Genesee County. In proper cases exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require producing convincing proof of good cause for his/her inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desiresnotice. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon on the date specified for recall from layoff as set forth in the recall procedure. In proper cases, exceptions shall be made upon the employee producing convincing proof of his/her inability to return as required. (he) If they do not The employee fails to return as scheduled from sick leave or on the specified date following an approved leave of absence, disability leave, vacation or a disciplinary suspension. In proper cases, exceptions shall be made upon the employee presenting convincing proof of his/her inability to return on the required date. f) The employee has been on layoff status for a period of three (i3) If they willfully make a false statement which years or the length of his/her seniority, whichever is material on their application for employment or on their application for leave of absenceless. g) The employee has been on disability leave for a period of three (j3) If they retire years or are retired pursuant for a period of time equal to any retirement plan the length of his/her seniority at the Employer then in effecttime such disability leave commences, whichever is less. h) The employee has been on Workers' Compensation leave for a period of four (k4) Exceptions may be made by mutual agreement years or for a period of time equal to the Employer and length of his/her seniority, at the Uniontime such Workers' Compensation leave commences, whichever is less.

Appears in 1 contract

Samples: Labor Agreement

Loss of Seniority. Employees An employee shall lose their his seniority standing and their employment his name shall be terminated in removed from all seniority lists for any one of the following eventsreasons: (a) If they quit.an employee quits; (b) If they are the employee is discharged for proper cause, and the discharge is not reversed through reinstated in accordance with the procedure set forth in provisions of this Agreement.; (c) If they are absent for two the employee is laid off and fails to notify the Company within five (25) consecutive working days without notifying of his intention as to whether he intends to return to work or not, after having been notified to do so by the Employer provided nothing herein shall be construed Company by registered mail to his last known address, and fails to return to work in ten (10) working days after receipt of the registered notice, as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring stated above; copy of such notice to be absent from work for good cause shall notify their supervisor sent to the Union. Exceptions to this rule will be extenuating circumstances. It is the responsibility of such desire and laid off employees to keep the reason therefor before the end Company informed of their previous shift, if possible, addresses and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desirestelephone numbers. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due the date on which the above registered letter has been returned to the same illness Company from the post office. If he has been on lay-off because of lack of work for a period equal to his time of seniority or injurytwenty-four (24) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.months, whichever is greater; (e) If employees who have ceased to receive Disability Benefits from either the Workers Compensation Board or the Short or Long Term Disability Benefits, under this Collective Agreement, and are unable to return to active employment in the Company for medical reasons, or, who have completed job retraining from the Workers Compensation Board shall not accumulate further seniority from the date of such discontinuation of benefits. Employees who are not accumulating seniority under this article shall not be eligible for further benefits under this Collective Agreement (including pension and insurance benefit program) until such time as they are laid off for more than two (2) years. (f) If they fail medically fit to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth active employment in the recall procedureCompany. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their An employees seniority and their employment shall be terminated in any of the following eventsbroken: (a) If they quitthe employee voluntarily terminates his/her employment with the Company. (b) If they are the employee is discharged and the such discharge is not reversed through the grievance procedure set forth in this Agreementor otherwise. (c) If they are absent for two a laid off employee is recalled to work and fails to return as scheduled, unless within ten (210) consecutive working days without notifying following the Employer provided nothing herein shall be construed as prohibiting scheduled recall he/she furnishes the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work Company in writing with a satisfactory explanation for good cause shall notify their supervisor the period of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such his/her absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail an employee fails to return to work as scheduled when they are medically qualified on completion of leave of absence authorized pursuant to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodSection 30 hereof. (e) If they are laid off an employee is absent from work for three (3) or more than two (2) yearsconsecutive working days, without notifying the Human Resources Department or Guard House, and failing then, or upon return, to furnish the Company with satisfactory explanation. (f) If they fail an employee is laid off for thirty-six (36) consecutive calendar months or for a continuous period equal to indicate their desire (by certified mail) to be continued on the records seniority the employees acquired at the time of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return beginning of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employeelayoff, unclaimed, or undelivered for any other reasonwhichever is greater. (g) If they do not the employee is issued a Separation Payment cheque by the Company pursuant to the Supplemental Agreement attached hereto as Exhibit C2, his/her seniority shall be broken at any and all plants of the Company as of the date his/her application for such Separation Payment was received by the Company; provided, however, that if the employee: (1) Returns the amount of the Separation Payment to the Company within 30 days of the date of the Separation Payment cheque, his/her seniority shall be reinstated as of the fourth working day following receipt of the return amount; (2) Received such Separation Payment by reason of total and permanent disability and subsequently recovers and reports for work, his/her seniority shall be reinstated as though he/she had been on sick leave of absence during the period of his/her disability, provided further however, that if the period beginning with the date his/her seniority was broken because of the Separation Payment, he/she shall be given seniority equal to work when scheduled upon recall from layoff as set forth in the recall procedureamount of seniority he/she had at the date of seniority break. (h) If they do not return as scheduled The Company will endeavour to notify the Plant Union Chairperson within five (5) days with respect to the removal of an employee with seniority from sick leave or leave of absencethe seniority list. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Master Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any deemed to have quit the employ of the following events: (a) If they quit. (b) If they are discharged and Home if the discharge employee: quits the employ of the Employer; is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreementreinstated. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified after the completion of a leave of absence granted by the Employer; fails to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) days after being sent a recall notice by registered mail to his last recorded address with the Employer; utilizes a leave of absence for purposes other than those for which the leave of absence may have been granted; is laid off or absent because of legitimate illness or absent because of non-compensable injury for more than twelve (24) months. absent from work without a reason acceptable to the Administrator for three (3) or more working days in any calendar year. The Board shall maintain one (1) seniority list and any additions to or deletions from the list shall be updated by the Board every six (6) months (June and December 31) and issued to the Secretary of the Union immediately, one copy shall be posted on the bulletin board. During the first thirty (30) calendar days of posting the employees shall have the opportunity of questioning their own individual seniority standing and after receipt this time, the seniority list as posted, or amended as the case may be, shall not be open to question by the employee of written notice from employees or the Employer (by certified mail, return receipt requested, addressed to Union. The seniority list shall show the employee's job classification. Effective January seniority for part-time employees shall be based on start date. When converting from the present system of hours paid, the employer shall take all hours paid for the employee up to December and convert it to start date based on two thousand and eighty (2,080) hours constitutes one calendar year. The hours paid to be utilized in this calculation will be all those appearing on the latest seniority (June 1988) and all hours paid as per the old method of calculations appearing in the collective agreement for the remaining (6) months of It is understood that vacation pay for part-time employees for the and I subsequent vacation years will be based on years of service completed at the beginning of the vacation year based on the start date which appears on the seniority listings. For all newly hired part-time employees and full time employees transferring to the part-time unit after January the start date will be the original date of employment. On date of ratification, seniority shall be based on the employee‘s start date of part-time or full-time employment whichever is earlier, provided there has been no break in seniority in accordance with Article no lay-oit employees with seniority until all probationary employees have been laid off in that classification. No probationary employee will be hired until all employees with seniority have been recalled in that classification. Vacancies and Posting Board shall cause notice of vacancies to be posted on the bulletin board for five (5) working days prior to filing such vacancy on a permanent basis, written application must be submitted to the Administrator‘s on or before the last address day of posting. In order to be eligible to apply for a posting, the employee must be available for work within four (4) weeks of the effective date of the new job or vacancy. Nothing herein shall prevent the Board from temporarily filling the vacancy for which applications are being considered. New Job When a new position is created, within bargaining unit, the Employer shall immediately notify the Union in writing and post notice of the position on record the bulletin board for a minimum of seven (7) calendar days so all members will have the opportunity to apply. Information in Such notice shall contain the following information: Nature of position, required Qualifications and education. skills. shift. hours of work. wage or salary rate or range: Such may not be established in an arbitrary or discriminatory manner. All job shall state: “This position is open to male and female applicants:. No Outside Advertising No outside advertisement for any vacancy shall placed until the applications present Union members have been fully processed. Trial Period the event the successful applicant is a bargaining unit member, then shall be placed on trial for period two (2) months. Conditional on satisfactory the employee shall be declared permanent after the period of ( 2 ) months. In the event the successful applicant proves unsatisfactory the position during the trial period, shall be returned to former position, wage salary rate, without loss of seniority. During the trial period of two months, the successful applicant may elect to return to former position, wage or salary rate, without loss of seniority. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to former position, wage or salary rate, without loss of seniority. The position vacated by the successful applicant may be filled on a temporary basis until the trial period is completed. In the event a part-time member is on trial for a full- time position, it is understood that the employee shall continue to receive pay on the basis of a part-time employee along with appropriate lieu pay during the two (2) month trial period. Therefore, medical fringe benefits shall not be forthcoming during this two (2) month trial period. Notification to Employee and Union Within seven (7) calendar days of the date of appointment to a vacant position, the name of the successful applicant shall be posted on the bulletin board. The Union shall be notified of all promotions, demotions, lay-offs, transfer, recalls, leaves of absence, resignations, retirements, deaths or other terminations of employment. The Union will be provided with a copy of written disciplinary action which is placed in an employee's file. The Union will also be provided with copies of any counselling letters or any other letters that are placed on the employee's file at the time of filing or of issuing same. An employee will be allowed to review his personnel file for a reasonable period of time at a time scheduled by the Employer) , once per calendar year in the presence of his supervisor. The employee will submit a request in writing to their supervisor to make arrangements €or upon return the review. Letters of such written notice by the Postal Service to the Employer indicating such notice to have been refused reference will not be available for review by the employee. Upon reasonable notice, unclaimedonce per year, an employee will be provided with copies of material contained in his personnel file prepared at the employee's expense. The record of an employee shall not be used against any time after twenty-four (24) months following suspension, disciplinary action or undelivered for any other reasonwritten warning, provided that there is no recurrence of disciplinary action within the twenty-four (24) month period. The parties mutually agree that all disciplinary action in regards to Resident abuse will remain on file. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their An employee loses all seniority and their employment shall be is terminated in any of the following events: (a) If they quit. (b) If they are when: He voluntarily quits. He is discharged and the discharge is not reversed subsequently reinstated through the procedure set forth in this Agreement. (c) If they are grievance or arbitration procedure. He is absent for two three (23) consecutive working work days without notifying the Employer provided nothing herein shall be construed as prohibiting Company unless he is able to provide the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this AgreementCompany with a satisfactory reason for his failure to report for work and for his failure to notify the Company. No employee shall be absent from He fails to report for work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shiftfollowing layoff, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after following receipt of notice to report, sent by the employee of written notice from the Employer (Company by certified mail, return receipt requested, addressed registered mail to his last known address given to the employee's last address on record with Company, unless due to illness or other legitimate reason. Should employees be needed because of production requirements prior to seven (7) calendar day period, but not available immediately, the Employer) or upon return of such written notice Company reserves the right to recall less senior employees temporarily, but these employees will be replaced by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If senior employees should they do not return report to work when scheduled upon recall from layoff as set forth in within the recall procedure. (h) If they do not return as scheduled from sick leave or required period. He fails to report back to work after the expiration of the of a leave of absence; unless he is able to provide the Company with a satisfactory reason for failure to report back to work. When he is retired. He has not worked for the Company as provided below: He is laid off the Company with less twelve (12) months seniority, he will retain seniority rights for twelve (1 2) months. If he has twelve (12) seniority, he will retain seniority rights for thirtysix (36) months. He fails to return after a period of absence due to an occupational accident or sickness or nonoccupational accident or -if he has less than twelve (12) months of seniority - hewill retain seniority rights for twelve (12) months. If he has more that twelve (12) months but less than twentyfour (24) months of seniority, he will retain seniority rights for twentyfour (24) months. If he has more than twentyfour (24)months he will retain seniority rights for the basis of (1) for each month of seniority, at the of absence to a maximum of fortyeight (48) months. When an employee from an absence due to sickness or injury: He shall be reinstated to his former job, provided it exists and subject to his capabilities and health. If the above is not possible, the employee shall be reinstated to his classification, based on capabilities, health and seniority. If an employee is unable to his former job classification, he shall be relocated in a similar job classification, at the pay rate, subject to his capabilities, health and seniority. It is understood that the employee is required to give one (1) week’s notice prior to his expected date of return to work, if absence is two (2) or weeks. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quitSeniority shall continue to accrue for a regular employee on any paid leave of absence granted to the employee by the Employer and for leaves without pay granted by the Employer for periods of 30 calendar days or less. (b) If A regular employee on a claim recognized by WorkSafeBC shall be credited with service seniority equivalent to what they are discharged would have earned had they not been absent and the discharge is not reversed through the procedure set forth in this Agreementhad been able to work. (c) If they are absent for two (2) consecutive working days A regular employee who is on leave of absence without notifying pay in an elected or appointed position of the Employer Union shall continue to accrue seniority without benefits during the leave period, provided nothing herein shall be construed as prohibiting that, upon returning, the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify accept the first available position in their supervisor of such desire and original classification, within the reason therefor before the end of geographic region in which their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresresidence is located. (d) If they are Any regular employee who is laid off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail and who fails to return to work as scheduled when they are medically qualified given 96 hours notification to return to work following a layoff, shall lose seniority. However, should the employee within 10 days of the date of notification, provide the Employer with evidence, providing inability to comply with the Employer's request to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period, said employee shall have seniority reinstated. (e) If An employee shall lose their seniority as a regular employee in the event that: (1) they are laid off discharged for just cause; (2) subject to Clause 9.3 – Re‐Employment, they voluntarily terminate their employment or abandons their position; (3) they are on layoff for more than two one year; or (24) yearsthey become a short‐term employee except as a result of exercising their rights, in the event of layoff as outlined in Article 18.1(a)(4)(ii) and (iii) – Layoff and Recall. (f) If they fail Seniority shall not continue to indicate their desire (by certified mail) accrue beyond six months' absence due to be continued on the records illness of an employee, except with written permission of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return Seniority for employees on maternity, pre‐adoption and parental leaves is addressed in Clause 24.7 – Entitlements Upon Return to work when scheduled upon recall from layoff as set forth in the recall procedureWork. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment; (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for just cause; (c) If they are absent for two a person on layoff fails to return to work within four (24) consecutive working days, five (5) working days without notifying if work week becomes five (5) days after receipt of notice of recall sent by registered mail. The date of receipt is deemed to be the Employer provided nothing herein second postal business day following the date of mailing. The foregoing provision shall be construed as prohibiting waived by the Employer from appropriately disciplining Production Manager in writing if the person furnishes reasonable grounds to the Production Manager for such failure on his part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of an employee or laid-off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid-off person should fail to notify the Company office promptly in writing to any change of address, the Company will not be responsible for the failure of a notice to reach him, and any notice sent by the Company, by registered mail to the address which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid-off person. In all cases of layoff exceeding one (1) working week (except in cases of accident, breakdown or emergency) the Company shall notify the employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor laid off at least one (1) week in advance of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireslayoff. (d) If they are off for more than twelve (12) consecutive months an employee on workers' compensation and/or other disability leave, whether or not compensable, or if they fail layoff fails to return to work as scheduled at the time directed by the Company in writing when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness employee was laid off or injury) will not be deemed an interruption notified of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.layoffs; (e) If they are laid off if an employee fails to return to work promptly after the expiration of any leave granted to him, unless he provides reasonable grounds to the Production Manager; (f) if an employee absents himself from work without leave for more than two (2) yearsworking days, unless he has reasonable grounds for not being able to contact the Company during this period. THIS CLAUSE SHALL NOT BE CONSTRUED AS PERMITTING UNAUTHORIZED ABSENCE OF ANY DURATION. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees (a) An employee’s seniority rights and employment relationship shall lose their seniority and their employment shall be terminated in any of the following eventsterminate if: (a1) If they quitThe employee quits. (b2) If they are The employee is discharged and the discharge is not reversed through the procedure set forth in this Agreementgrievance procedure. (c3) If they are The employee is absent for two five (25) consecutive working days (scheduled Saturday’s included) without notifying advising the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresCorporation’s Employment Department giving satisfactory reasons. (d4) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail the employee fails to return to work as within five (5) regular working days (scheduled when they are medically qualified Saturdays included) after notification to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed do so to the employee's last ’s address on record with the Employer) or upon return of Corporation unless the employee furnishes satisfactory reasons for such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonfailure. (g5) If they do the employee is not return called upon to perform work for the Corporation for a period of sixty (60) consecutive months or for a period equal to the employee’s seniority at the date when scheduled upon recall from layoff as set forth in the recall procedureemployee last performed work for the corporation, whichever shall be greater. (h6) The employee receives a permanent total disability benefit under a group life insurance policy held by the Corporation. If they do not return such employee recovers and either (a) the employee’s permanent total disability benefit is discontinued or (b) the employee’s permanent total disability benefits has been fully paid, the employee’s seniority, including that which the employee otherwise would have acquired during the period of said disability, shall be restored. Provided, however, if the period of the employee’s disability was for a period longer than the seniority the employee had on the date the employee was approved for a permanent total disability benefit the employee shall upon the restoration of seniority as scheduled from sick leave or leave provided above be given seniority equal to the amount of absencethe seniority the employee had on the date such permanent total disability benefit was approved. However, as to an employee who received such benefit prior to the date of this Agreement, the employee’s seniority will continue to accumulate and, should the employee recover, the employee’s total accumulated seniority will be credited. (i7) The employee retires or receives a pension under the Pension Plan of this Agreement. If they willfully make the employee receives a false statement pension for permanent total disability and recovers and the pension is discontinued, the employee’s seniority, including that which is material the employee otherwise would have acquired during the period of disability, shall be restored, provided, however, if the period of the employee’s disability retirement was for a period longer than the seniority the employee had on their application the date said pension for employment or permanent total disability began, the employee shall, upon the discontinuance of permanent total disability pension, be given seniority equal to the amount of seniority the employee had on their application for leave of absencethe date such pension began. (ja) If they retire or are retired pursuant to The employee accepts a Separation Payment under the Supplemental Unemployment Benefit Plan incorporated in this Agreement in which event the employee’s seniority shall be broken at any retirement plan and all plants and locations of the Employer then in effectCorporation as of the date the employee’s application for the Separation Payment was received by the Corporation. (kb) Exceptions may be made by mutual agreement In the event an employee loses seniority under Section (5.3) as a result of imprisonment for up to one (1) year in connection with an offence arising out of the Employer operation of a motor vehicle, or for imprisonment up to 18 months in connection with operating a motor vehicle while impaired, the employee’s incarceration shall be considered a proper exception under the provisions governing loss of seniority and the Union.employee's seniority shall be reinstated. (c96, c99, c02)

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their An Employee’s Crozer and Classification seniority and their employment shall will be terminated in any of the following eventslost when he/she: (a) If they quit.Terminates voluntarily; (b) If they are Is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for just cause; (c) If they are absent Is laid off for two a period of eighteen (218) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause months or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring sooner if he or she fails to be absent from work for good cause shall notify their supervisor timely accept an offer of such desire and the reason therefor before the end recall to a comparable position (e.g. Classification (Paramedic or EMT), category of their previous shift, if possible, and in any event not less than thirty employment (30full-time or part-time) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireswhile on lay-off.) (d) If they are off for more than twelve the Employee accepts employment from another Employer during an approved leave of absence (12except required military duty) consecutive months on workers' or worker compensation and/or other disability leave, whether or not compensable, or if they fail without receiving prior consent from CROZER to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month perioddo so. (e) If they are laid off Is absent from work for three (3) consecutive scheduled workdays without notification to CROZER, provided it is possible to do so. (f) Does not return to work from an approved leave of absence. (g) Leaves CROZER EMS for a position within the PASNAP organization for more than two (2) years or leaves the bargaining unit for another CROZER position for more than (2) years. Should the Employee be hired back into a bargaining unit position within two years of their departure, the following terms shall apply depending upon the position held during the interim period: i. During the period in which the Employee either leaves Crozer EMS bargaining unit for a position within the PASNAP organization or a non- benefit eligible Crozer position (e.g. PRN), both the Employee’s CROZER and CLASSIFICATION seniority up to the point of their departure shall be frozen and shall not continue to accrue. (f) ii. If they fail an Employee leaves the Crozer EMS bargaining unit for another Crozer benefit eligible position, the Employee’s CLASSIFICATION seniority will be frozen and shall not continue to indicate accrue beyond the date of their desire (by certified mail) departure; however, their CROZER seniority shall continue to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonaccrue. (g) iii. If such Employees are hired back into a unit position within two years of their departure, they do not return to work when scheduled shall recapture their frozen seniority upon recall from layoff as set forth in the recall proceduredate of their re-employment. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their An employee's seniority and their employment relationship with the Prosecutor shall be terminated in automatically terminate for any of the following eventsreasons: (aA) If they quit.the employee quits, retires, or receives a pension, including a disability pension; (bB) If they are discharged and the discharge employee is not reversed through the procedure set forth in this Agreement.terminated or discharged; (cC) If they are absent the employee fails to notify the Employer for two any three (23) consecutive working days without notifying that the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed reporting for work, unless an interruption excuse acceptable to the Prosecutor is presented; (D) If the employee is absent for any three (3) consecutive working days, unless an excuse acceptable to the Prosecutor is presented; (E) If the employee fails to return on the required date following an approved leave of absence, paid time off, or a disciplinary layoff, unless an excuse acceptable to the Prosecutor is presented; (F) If the employee has been on layoff status for a period of one (1) year or the length of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Employee’s seniority, whichever is less; (eG) If they are laid off the employee fails to report for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven one (71) calendar days after receipt by the employee week following notification of written notice from the Employer (recall by certified mail, return receipt requested, addressed sent to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason.known address; (gH) If they do not the employee fails to inform the Prosecutor within three (3) working days following receipt of notification of recall that the employee intends to return to work when scheduled upon recall from layoff as set forth in for the recall procedure.Prosecutor; (hI) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a the employee makes an intentionally false and material statement which is material on their an employment application for employment or on their an application for leave of absence.; (jJ) Unless otherwise provided by law, if the employee has been on leave of absence, including a Disability or Workers Compensation leave, for a period of six (6) months or for a period equal to the length of seniority at the time such leave commenced, whichever is less; (K) If they retire the Prosecutor’s operations are permanently discontinued, except if the Prosecutor’s operations are permanently discontinued as a result of retirement, removal from office, or are retired pursuant to any retirement plan defeat by general election. Those employees retained by the subsequently elected Prosecutor retain their established seniority in accordance with the provisions of the Employer then in effectthis Agreement. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their his/her seniority and their employment shall be terminated in any of the following eventsdeemed to be terminated: (a1) If they quitonce he/she has been off for a period of time which is equivalent to his/her accumulated length of service since the date of his/her last hire or twelve (12) months which ever is shorter (where an employee elects to receive termination pay rather than maintain his/her recall rights he/she shall be deemed to have resigned from the Company’s employ). (b2) Where such absence is occasioned by handicap as defined in the Ontario Human Rights Code, the employer shall within that time frame be obligated to make accommodation, short of undue hardship (having regard to the cost, outside of sources of funding if any, and Health and Safety requirement if any) to enable the employee to perform the essential duties of his or her position, if it exists, and the employee shall be returned to that position, if it exists, at such time within that time frame as, with such accommodation, the employee is able to perform the essential duties of the position. (3) As further accommodation for the employee whose absence has been occasioned by illness, injury or handicap, the employer shall be obligated to return the employee to his or her position, if it still exists, at such time as the employee (without accommodation) can perform the essential duties of that position, provided that this obligation to return the employee to work ceases at the end of twenty-four (24) months from the commencement of the absence. (4) If they are the employee’s position no longer exists, the obligation will apply to the position, if any, the employee would otherwise have held but for the need to be absent. (5) In the event it is unclear whether the employee can with the above accommodation perform the essential duties of the appropriate position as identified above, the employee maybe provided a trial period of up to one month without thereby obtaining any rights he/she would not have had but for the trial return. (6) When he/she resigns from the employ of the Company; (7) When he/she is discharged for just cause and the such discharge is not reversed through the procedure set forth in this Agreementgrievance procedure; (8) If he/she fails to return to work within five (5) days of receipt of notification by registered mail of his/her recall to the Company’s active employ. (c9) If they are he/she is absent for two three (23) consecutive working days unless a reason satisfactory to the Employer is given. (10) If during any one (1) year period an employee is absent for more than ten (10) working days unless a reason satisfactory to the Employer is provided. All days off under this section and Article 19.03, shall be counted as Emergency Leave under the Employment Standards Act. (11) If on three (3) occasions in any one (1) year period an employee fails to report for a scheduled shift without notifying the Employer provided nothing herein shall be construed as prohibiting Company at the Employer from appropriately disciplining employees who are absent without good cause first reasonable opportunity of his or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring her inability to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return come to work. Temporary return , unless unable to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodcall. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their An employee's Departmental and Classification seniority and their his/her employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quit.he/she quits, retires, or receives a pension, including a disability pension, under the Genesee County Retirement System; (b) If they are he/she is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement.; (c) If they are he/she is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail to his/her last known address that because of the unreported absence he/she is considered to have voluntarily quit by resigning and is no longer in the employ of Genesee County. In proper cases, exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require presenting convincing proof of good cause for his inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desires.notification; (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail he/she fails to return to work as scheduled when they are medically qualified on the required date following an approved leave of absence, vacation or disciplinary suspension. In proper cases, exceptions shall be made upon the employee presenting convincing proof of his/her inability to return to work. Temporary return to work during such period (where absence continues due to on the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.required date; (e) If they are laid off he/she has been on layoff status for more than two a period of three (23) years.; (f) If they fail he/she fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available report for recall to work within seven one (71) calendar days after receipt by the employee week following notification of written notice from the Employer (recall by certified mail, return receipt requested, addressed sent to his/her last known address; with a copy of such notification sent to the employee's last address on record with Chief Xxxxxxx; Employees will be granted an extension of up to one (1) additional week from the Employer) or upon date of recall notification to return to work. An employee desirous of such extension must make written notice by request specifying the Postal Service date of return to the Employer indicating Human Resources Department. Such request shall be made within three (3) working days of the employee being notified by certified mail of recall. However, employees granted such notice an extension will forfeit claim to have been refused by the employee, unclaimed, or undelivered for any other reason.unemployment compensation during that extension period; (g) If they do he/she makes an intentionally false and material statement on his/her employment application or on an application for leave of absence; except that after twenty-four (24) months of employment he/she will not return suffer a loss of seniority unless he/she has a felony arrest conviction or a misdemeanor arrest conviction that he/she failed to work when scheduled upon recall from layoff as set forth in enter on the recall procedure.employment application; (h) If they do not return as scheduled from sick leave he/she is convicted of: 1. a felony or, 2. a misdemeanor punishable by ninety-three (93) days or leave of absence.more imprisonment, but excluding OUIL, Impaired or Reckless Driving, (except for a second OUIL conviction within any four (4) year period); (i) If they willfully make he/she has been on disability leave for a false statement which period of two (2) years or for a period equal to the length of his/her seniority at the time such disability leave commenced, whichever is material on their application for employment or on their application for leave of absence.less; (j) If they retire he/she has been on Workers' Compensation leave for a period of three (3) years or are retired pursuant for a period equal to any retirement plan the length of his/her seniority at the Employer then in effecttime such Workers' Compensation leave commenced, whichever is less. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be deemed to have terminated in any of employment with the following eventsEmployer if the employee: (a) If they quit.a. voluntarily quits or resigns; (b) If they are b. is discharged and the discharge is not reversed through reinstated pursuant to the procedure set forth grievance and arbitration procedures as provided in this Agreement.; c. fails to signify within seven (c7) If working days from the date the Employer sends to their last known address written notification of recall, an intention to return to work, or fails to report to work after so signifying within a further ten (10) working days; d. overstays a leave of absence granted by the Employer without securing an extension in writing of such leave of absence unless the extension is for reasons acceptable to the Employer, or if they are take employment other than that declared and agreed upon when applying for the leave of absence; e. is absent from work for two more than three (23) consecutive working days for any reason without notifying the Employer provided nothing herein shall be construed as prohibiting Employer; f. is laid off and not recalled within two and one-half (2.5) years of the date of layoff; g. fails to return to work within five (5) working days following an illness or accident or after the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused has been notified by the Employer, but employee's doctor or the Employer may require proof Workers' Compensation Board that the employee is able to return to work; h. has completed a term as defined under Article 5.01 d; or i. is a casual employee who is not on approved sick leave or an approved leave of good cause for such absence, either by absence and has not worked at least six (6) days in a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensablemonth period, or if they fail to return to work such longer period as scheduled when they are medically qualified to return to workmay be established as provided in the next paragraph. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption If a casual employee advises Facilities Management in advance of the twelve (12) consecutive months but such period of temporary return dates that they will be added taking a course on a full-time basis, then the twelve month period mentioned in i) above will be extended by the length of any periods during which the employee was taking the course, other than periods during which the employee was on a break from the course. In such a case, and notwithstanding any other provisions of this agreement, the Employer is relieved of the obligation to call the twelve- (12) month period. (e) If employee in during these periods except on dates the employee advised Facilities Management that they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) wished to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasoncalled in. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority and their employment Seniority shall be lost and an employee shall be deemed to have terminated in any of the following eventshis/her employment if: (a) If they quit.the employee quits; (b) If they are discharged the employee is discharged, and the such discharge is not reversed through the procedure set forth in this Agreementgrievance procedure. (c) If they are the employee is absent for two more than three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause permission or without notification as otherwise required by this Agreementa satisfactory reason. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and In the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may illness, absence must be excused by the Employer, but the Employer may require proof of good cause for such absence, either supported by a doctor's ’s certificate or for any period in some other adequate manner if it so desires.excess of three (3) working days; (d) If they are off in the case of layoff an employee: (1) the employee with less than three (3) years seniority at the effective date of layoff performs no work for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such Employer for a continuous period of temporary return will be added to the twelve- one (121) month period.year; (e2) If they are laid off the employee with three (3) years or more seniority at the effective date of layoff performs no work for more than a continuous period of two (2) years. (fe) If they fail the employee has been laid off and fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall return to work within seven Fourteen (714) calendar days after receipt notification to do so has been sent to him/her by the employee of written notice from the Employer (by certified mailregistered mail or personal delivery, return receipt requested, addressed to the employee's last address on record with the Employer, or by direct personal contact with the employee. It is the obligation of the employee to maintain on record with the Employer an address at which registered mail can be received by him/her on his/her behalf at all times; (f) an employee absent because of sickness or upon return accident for more than two (2) years shall cease to accumulate seniority on the expire of such written notice two (2) years, but shall retain the seniority he/she then has so long as he/she is drawing temporary disability benefits from the Worker’s Compensation Board or long term disability benefits provided by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason.Collective Agreement; (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure.employee retires; (h) If they do not return as scheduled from sick leave or the employee fails to report for work at the expiration of a leave of absenceabsence unless a satisfactory reason is given, or uses a leave of absence for a purpose other than that for which it was granted. (i) If they willfully make a false statement which is material on their application for employment A substitute employee works less than three shifts in any one month period, if the substitute employee was called to work three or on their application for leave of absencemore times during that period. (ja) If they retire or are retired A seniority list will be established for all employees covered by this Agreement who have completed their probationary period, showing each employee’s original date of hire and deemed hours worked pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.sub-

Appears in 1 contract

Samples: Collective Agreement

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Loss of Seniority. Employees An employee shall lose their all seniority and their employment service and shall be deemed to have terminated in any of the following events: (a) If they quit. (b) If they are if he: discharged and the discharge resigns; is retired; not reversed reinstated procedure; through the procedure set forth in this Agreement. (c) If they are is absent from scheduled work for two (2) a period of three or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor Hospital of such desire absence and providing to the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by Hospital a doctor's certificate or in some other adequate manner if it so desires. (d) If they are satisfactory reason; has been laid off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or twenty-four months; if they fail the employee has been laid off and fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due within seven calendar days after that employee has been notified by the Hospital through registered mail addressed to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued last address on the records of the Employer as available Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; is absent due to illness or disability for recall to work a period of thirty calendar months from the time the disability or illness commenced. Where a permanent vacancy occurs in a classification within seven (7) calendar days after receipt the bargaining unit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven consecutive calendar days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The name of the successful applicant will be posted on the bulletin board for a period of seven calendar days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this Article, employees in other bargaining units at the Hospital will be considered for such positions prior to considering persons not employed by the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to thirty days, during which the Hospital will determine if the employee can satisfactorily perform the job. Within this period the employee voluntarily return, or be returned by the Hospital to the position formerly occupied, without loss of written notice seniority. The vacancy resulting from the Employer (by certified mailposting may be filled on a temporary basis until the trial period is completed. A list of vacancies filled in the preceding month under this Article and the names the successful applicants will be posted, return receipt requested, addressed with a copy provided to the employee's last address union. Effective for employees transferred out of the bargaining unit subsequent to May It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six months. Such employees on record temporary assignments shall remain members of the bargaining unit. An employee who is transferred to a position outside the bargaining unit shall not, subject to below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit he shall be credited with the Employer) or upon seniority held at the time of transfer and resume accumulation from the date of his return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by bargaining unit. the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan event an employee transferred out of the Employer then in effect. (k) Exceptions may be made by mutual agreement bargaining unit under above is returned to the bargaining unit within a period of six calendar months he shall accumulate seniority during the Employer period of time outside the bargaining unit. Effective May and the Union.for employees who transfer subsequent to May application of seniority for purposes of promotion, demotion, transfer, layoff and recall and service for purposes of vacation entitlement and wage progression: an employee whose status is changed from full-time to part-time shall receive full credit for his seniority and service;

Appears in 1 contract

Samples: Part Time Collective Agreement

Loss of Seniority. Employees 11.01 An employee shall lose their his/her seniority standing and their employment his/her name shall be terminated in removed from all seniority lists for any of the following eventsreasons: (a) If they quit.the employee voluntarily quits his/her employment with the Company; (b) If they are the employee is discharged and the discharge such employee is not reversed through reinstated pursuant to the provisions of the grievance procedure set forth in this Agreement.herein; (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire has been laid off and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified fails to return to work: i. Within eight (8) calendar days after he/she has been notified by the Company; ii. Temporary return Within any longer period arranged by the Union with the Company, except in the case of sickness as certified by a physician. d) If the employee overstays a leave of absence granted by the Management in writing without securing an extension of such leave; e) If an employee can prove that it was not possible to comply with Sections 11.01 (c) or 11.01 (d), loss of seniority shall not apply. f) If the employee is not called upon to perform work during such for the Company for a period of thirty-six (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (1236) consecutive months but such or for a period of temporary return will equal to his/her seniority at the date when he/she last performed work for the Company, whichever shall be added to the twelve- (12) month period.greater; (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do an employee fails to report for duty for three (3) consecutive working days. (This clause shall not return apply if the employee furnishes satisfactory reasons to work when scheduled upon recall from layoff as set forth in the recall procedurePersonnel Department for such failure). (h) If they do not return as scheduled from sick leave An employee with five (5) or leave more years seniority who gives the Company written notice of absence. resignation and then decides (iprior to the expiration of such notice) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of change his/her mind will have his/her case reviewed between the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer Company and the Union. i) An employee who is absent without reasons satisfactory to the Company from the time a written notice of resignation is submitted, will not be allowed to reconsider his/her termination.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. (A) Employees shall lose their seniority and their employment shall may be terminated in any of the following events: (a1) If they retire. (2) If they quit. (b3) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement. (c4) If they are absent for two three (23) consecutive working days workdays without notifying the Employer Co-Employers, provided nothing herein shall be construed as prohibiting the Employer Co-Employers from appropriately disciplining employees who are absent for unexcused absence or for absence without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresproper notification. (da) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leaveThe Co-Employers will notify the employee that their employment has been terminated in accordance with this paragraph, whether or not compensableby certified mail, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodreceipt requested. (eb) Any grievance involving this paragraph shall be presented, in writing, at Step 2 of the grievance procedure, within five (5) calendar days following delivery of such notification to the employee, or to a responsible adult at the employee’s last address on record with the Co-Employers. (5) If they are laid off for more than two one year or, if they have more than one year seniority, if they are laid off for more than the shorter of a period equal to their seniority or twenty-four (224) yearsconsecutive calendar months. (fa) If an employee is recalled, or is awarded a posting and commences work following such award, any subsequent layoff shall start a new period for purposes of this paragraph; any period during which the employee works for the Co- Employers in any capacity, such as a temporary position, while continuing on layoff shall be added to the period but shall not commence a new period. (6) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer Co-Employers as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer Co-Employers (by certified mail, return receipt requested, addressed to the employee's ’s last address on record with the EmployerCo-Employers) or upon return of such written notice by the Postal Service to the Employer postal service indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (ga) A copy of such notice from the Co-Employers shall be sent to the Chapter Chairperson. (b) The employee’s response (or the response by the Chapter Chairperson on their behalf) shall be by certified mail, return receipt requested, or by any other reasonable method with written confirmation from the Co-Employers that such response on behalf of the employee was received by the Co- Employers within the required seven (7) days. (7) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) 8) If they do not return as scheduled from vacation, sick leave or other leave of absence. (i9) If they are off for more than twenty-four (24) consecutive months on workers’ compensation, or if they fail to return to work (as scheduled) at the end of any period for which workers’ wage compensation is payable or after which they have been medically certified that they are qualified to return to work. (a) If they willfully make a false statement which is material on their application for employment or on their application for leave of absenceabsence provided an employee will not be disciplined for any such false statement after a period of five (5) years from the date of such application. (jb) If they retire or are retired pursuant to any retirement plan of Notwithstanding the Employer then in effect. (k) Exceptions above, exceptions may be made by in appropriate circumstances upon mutual agreement of in writing between the Employer Co-Employers and the Union.

Appears in 1 contract

Samples: Labor Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment service and shall be deemed to have terminated in any of the following eventsif he: (a) If they quit. (b) If they are resigns; is discharged and the discharge is not reversed reinsrated through the procedure set forth in this Agreement. procedure; is retired; is absent from scheduled work for a period of three (c3) If they are absent for two (2) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor Hospital of such desire absence and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due providing to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are Hospital a satisfactory reason; has been laid off for more than two twenty-four (224) years. (f) If they fail months; if the employee has been laid off and fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall return to work within seven (7) calendar days after receipt that employee has been notified by the employee of written notice from the Employer (by certified mail, return receipt requested, Hospital through registered mail addressed to the employee's last address on record with the Employerrecords of the Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; is absent due to illness or disability for a period of thirty (30) calendar months from the time the disability or upon return of such written notice illness commenced. clause is to (a) It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the Postal Service to Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Employer indicating such notice to have been refused by Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of thirty (30) continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, unclaimed, or undelivered the employee will become responsible for full payment of any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth subsidized employee benefits in which is participating for the recall procedure. (h) If they do not return as scheduled from sick leave or leave period of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant , except that the Hospital will continue to any retirement plan pay its share of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.premiums up to eighteen

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees A. Any employee who has acquired seniority in a bargaining unit covered by this Agreement shall lose their his seniority and their employment shall will be terminated in any of broken for the following eventsreasons only: (a1) If they quit. he quits - either by (b1) If they are discharged and notifying the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two Company or (2) remaining away from work for three (3) consecutive working days without notifying a satisfactory reason. In the Employer provided nothing herein shall be construed as prohibiting event the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No Company terminates an employee shall be absent from work without good cause. An employee desiring to be absent because he remained away from work for good cause three (3) consecutive working days without a satisfactory reason, he shall notify their supervisor be notified by the Company by registered or certified mail of such desire termination. A copy of such notice of termination will be provided the Chairman. Employees terminated as three-day quits will be allowed to meet with the Chairman and the reason therefor before factory Manager of LR/HR or his designee upon request from the end Chairman to offer an explanation for his absence from work. If, after this meeting, the Company determines that the employee should be terminated pursuant to the provisions above, then the Union shall be provided with a copy of their previous shift, if possible, and in any event not less than thirty (30) the minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresthis meeting. (d2) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodhe is discharged. (e3) If they are If, after a layoff out of the plant he fails to report for work within five (5) working days after being notified, in writing, by registered or certified mail to do so at his last known address, unless prevented by illness or other satisfactory reason. Employees laid off and desiring to retain their seniority rights must keep their addresses known to the Company. (4) Any absence from active employment (except for more the period of time of a formal leave of absence, a plant- incurred injury, military service, or Long-Term Disability Benefits, as set forth in Appendix "C," or Total and Permanent Disability Retirement) for a period of time equal to the employee's seniority prior to such absence. However, in no instance will an employee's seniority and employment be broken by an absence of less than two (2) years. (f5) If they fail to indicate their desire (by certified mail) Death or retirement or determination of permanent and total disability as specified in the Xxxx Deere Pension Plan for Wage Employees, except that an employee who had been determined to be totally and permanently disabled, but who recovers and is subsequently reemployed shall have his seniority reinstated as though he had been continued on a leave of absence during the records period of his disability. B. An employee will lose his seniority rights in his seniority classification by: (1) Losing his seniority as set out in A above. (2) Transfer to a seniority classification as a result of job bidding or a voluntary transfer to a seniority classification to fill a vacancy created by job bidding or a transfer to a seniority classification as an incapacitated employee as provided for in Section 18. In these circumstances, his seniority will be transferred to such seniority classification which will thereafter be treated as his seniority classification. In the case of the Employer as available incapacitated employee, however, should he be working in a secondary seniority classification when the incapacity occurs but the incapacity is one which does not incapacitate him for work in his seniority classification, he shall retain his recall rights to work within seven his seniority classification. (73) calendar days after receipt by the employee of written notice Any absence from the Employer seniority classification (by certified mailexcept for the period of time of a formal leave of absence, return receipt requesteda plant-incurred injury, addressed military service, or Long-Term Disability Benefits, as set forth in Appendix "C," or Total and Permanent Disability Retirement) for a period of time equal to the employee's last address seniority prior to such absence or for a period of five (5) consecutive years, whichever is the lesser. However, in no instance will an employee's seniority rights in a seniority classification be broken by an absence from the seniority classification of less than two (2) years. Should an employee lose his classification seniority under this paragraph, the secondary seniority classification will become his seniority classification. Should an employee lose his classification seniority under this paragraph while on record with layoff, the Employersecondary seniority classification held at the time of layoff will become his seniority classification. (4) An employee who has acquired seniority rights in a secondary seniority classification and who does not thereby lose his seniority rights in his seniority classification will lose such rights in the secondary seniority classification upon being reduced or laid off from the secondary seniority classification or upon return to his seniority classification. C. An employee who accepts employment from the LMAS or Outside LMAS list shall carry his disciplinary record to and from the hiring unit(s). Discharge of an employee from any bargaining unit covered by this Agreement will terminate all employment and seniority rights of such written notice employee in any and all bargaining units covered by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonthis Agreement. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees 15.1 Seniority rights shall lose their seniority cease and their employment shall be deemed terminated in any of for the following eventsreasons: (a) If they quit.a quit or resignation from employment (b) If they are discharged and the retirement (voluntary or legislated) c) discharge for just cause, which includes but is not reversed through limited to the procedure set forth in this Agreement. following: • Theft (cunless stolen item is of nominal value) If they are absent for two • Fighting (2physical) consecutive working days without notifying the Employer provided nothing herein shall be construed • Sexual harassment, as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused identified by the Employer, but prevailing Administrative policy which references the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.Human Rights Code; • Falsifying work records (d) If they are off lay offs for more than a continuous period of twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.more; CUPE LOCAL 74 -OUTSIDE (e) If they are laid off for more than two (2) years. (f) If they fail failure to indicate their desire (by certified mail) respond to be continued on the records of the Employer as available for a recall to work notice within seven five (75) calendar days after receipt the employee has been so notified by the employee of written notice from the Employer (by certified mail, return receipt requested, Municipality via registered mail addressed to the employee's ’s last address on record with the EmployerMunicipality; f) or upon return using a leave of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimedabsence for reasons other than that for which it was granted, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in exceeding the recall procedure. (h) If they do not return as scheduled from sick leave or duration of an approved leave of absence; g) failure to provide reasonable notice to the corporation of absence from work in excess of five (5) consecutive days h) an absence period of 24 months or longer (including LTD) will result in loss of seniority. The employment contract will be deemed frustrated and hence at an end. (i) If they willfully make if loss of driver’s licence occurs, where it is a false statement which bona fide occupational requirement to hold a valid driver’s licence, each case will be reviewed individually and any recommended action will be referred to the Chief Administrative Officer and Human Resources for final determination. It is material on their application for employment or on their application for leave the responsibility of absencethe employee to inform the Corporation of any loss of licence. (j) If they retire or are retired pursuant if at any time during employment an unacceptable Canadian Police Information Centre Check - CPIC, (as determined by the prevailing Corporate Policy) is received, each case will be reviewed individually and any recommended action will be referred to any retirement plan of the Employer then in effectChief Administrative Officer and Human Resources for final determination. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority and their employment Seniority rights shall be lost and employment terminated in for any of the following eventsreasons: (a) If they quitthe employee voluntarily terminates his/her employment with the Company. (b) If they are discharged and the employee is discharged. Seniority will be reinstated if the discharge is found not reversed to be for just cause through the procedure set forth in this Agreementgrievance procedure. (c) If they are absent for two a laid off employee is recalled to work and fails to return as scheduled, unless within ten (210) consecutive working days without notifying following the Employer provided nothing herein shall be construed as prohibiting scheduled recall he/she furnishes the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work Company in writing with a satisfactory explanation for good cause shall notify their supervisor the period of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such his/her absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail an employee fails to return to work as scheduled when they are medically qualified on completion of a leave of absence authorized pursuant to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodSection 30 hereof. (e) If they are laid off an employee is absent from work for three (3) or more than two (2) yearsconsecutive working days, without notifying the Human Resources Department or Guard House, and failing then, or upon return, to furnish the Company with satisfactory explanation. (f) If they fail an employee is laid off for thirty-six (36) consecutive calendar months or for a continuous period equal to indicate their desire (by certified mail) to be continued on the records seniority the employees acquired at the time of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return beginning of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employeelayoff, unclaimed, or undelivered for any other reasonwhichever is greater. (g) If they do not the employee is issued a Separation Payment cheque by the Company pursuant to the Supplemental Agreement attached hereto as Exhibit C2, his/her seniority shall be broken at any and all plants of the Company as of the date his/her application for such Separation Payment was received by the Company; provided, however, that if the employee: (1) Returns the amount of the Separation Payment to the Company within 30 days of the date of the Separation Payment cheque, his/her seniority shall be reinstated as of the fourth working day following receipt of the return amount; (2) Received such Separation Payment by reason of total and permanent disability and subsequently recovers and reports for work, his/her seniority shall be reinstated as though he/she had been on sick leave of absence during the period of his/her disability, provided further however, that if the period beginning with the date his/her seniority was broken because of the Separation Payment, he/she shall be given seniority equal to work when scheduled upon recall from layoff as set forth in the recall procedureamount of seniority he/she had at the date of seniority break. (h) Upon retirement or upon the employee’s 65th birthday, if the birthday falls on the first day of the calendar month. If they do not return as scheduled from sick leave or leave the employee’s 65th birthday falls on any calendar day other than the first day of absencethe month, the first day of the following calendar month. (i) If they willfully make The Company will endeavour to notify the Plant Union Chairperson within five (5) days with respect to the removal of an employee with seniority from the seniority list and will provide a false statement which is material on their application for employment or on their application for leave of absenceseniority list as requested by the union. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Master Agreement

Loss of Seniority. Employees (a) The parties agree that the following provisions shall lose their apply in respect to the rights and privileges of persons who are now outside the bargaining unit or who at a future date are promoted to a job outside the bargaining unit. (i) If an employee who is covered by the terms of this Collective Agreement on or after the effective date of this Agreement is promoted or transferred to a job outside the bargaining unit then that person shall not be transferred back after thirty (30) calendar days in the new position and his seniority shall thereafter cease. (b) An employee not covered by this Agreement who was hired in such position, and their employment has never worked in a position within the bargaining unit is transferred into the bargaining unit shall be terminated in as a new employee, and shall commence to accumulate seniority on the date of entry into the bargaining unit. 13.02 Seniority rights of an employee shall cease for any of the following eventsreasons and his/her employment shall be deemed to be terminated: (a) If they quit.an employee quits his/her employment; (b) If they are an employee is discharged and the such discharge is be not reversed through the procedure set forth in this Agreement.Grievance Procedure; (c) If they are the employee fails to return to work within three (3) consecutive scheduled working days after receipt of notice of recall was issued by the Company and sent registered mail to the last known address of the employee shown on the Company's records. If such employee is employed elsewhere at the time of his/her recall then he/she shall be allowed ten (10) working days to return to work, including the day of receipt of notice provided he/she notifies the Company of his/her intention to return within the three (3) days referred to herein; (d) If the employee fails to report to work upon the expiration of any leave of absence granted to him/her, unless excused by the Company; (e) If an employee is absent for two more than three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause Company unless satisfactory reasons for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they absence are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due given to the same illness or injury) will not be deemed an interruption of Company within the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.said three

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their her employment shall be deemed to be terminated in any if she: Voluntarily resigns, retires or is discharged for just cause; or is absent from work more than thirty six (36) months by reason of illness or other physical disability and there is no reasonable likelihood the following events: (a) If they quit. (b) If they are discharged and employee will return to work within the discharge near future: or is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring a reasonable excuse for more than three (3) consecutive days for which she is scheduled to be work; or is absent from work for good cause shall notify their supervisor more than thirty six (36) months by reason of lay-off; or is absent from work for more than thirty six (36) months by reason of absence while on and there is no reasonable likelihood the employee will return to work within the near future. Employees who are on leave of absence will not engage in gainful employment on such desire leave and if an employee does engage in gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the reason therefor before Employer. An employee who has been granted a leave of absence of any kind and who overstays her leave, unless she obtains permission or provides a satisfactory explanation, shall be considered to have terminated her employment without notice. The Union and the end Employer agree to abide by The Human Rights Code. The Employer will notify the employee when his or her benefits will cease. The Employer agrees that employees may be permitted to transfer from one Leisureworld Nursing Home to another Leisureworld Nursing Home in the Province of Ontario for their previous shiftown personal convenience and at their own expense, if possiblesubject to the following conditions: Employees wishing to transfer must notify, and in any event not less than writing, the Administrator of the home to which they would like to transfer, within thirty (30) minutes before days of leaving employment at the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possibleformer home. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written Such notice from the Employer (by certified mail, return receipt requested, addressed to shall include the employee's last address on record with qualifications, present position, scheduling preferences (if any), and when they would be available to commence work. An applicant, who is permitted to transfer from one nursing home to another as a result of this transfer procedure, will retain any seniority that he had previously accrued and the Employer) or upon return of such written notice by the Postal Service applicable wage rate shall be paid according to the Employer indicating such notice position to have been refused by which the employeeemployee transferred. However, unclaimedan employee so transferring will only be able to exercise home seniority for purposes of transfers, or undelivered for any other reason. promotions, lay-offs and reductions in staff. In the event that an employee is hired (gnot transferred) If they do not return to work when scheduled upon recall from layoff as set forth into this home and has experience at another Leisureworld Nursing Home, in the recall proceduresame chain clause above shall apply as it relates to seniority and wage rate. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their her employment shall be deemed to be terminated in any if she: voluntarily resigns, retires or is discharged for just cause; or is absent from work more than thirty-six (36) months by reason of illness or other physical disability and there is no reasonable likelihood the following events: (a) If they quit. (b) If they are discharged and employee will return to work within the discharge near future; or is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring a reasonable excuse for more than three (3) consecutive days for which she is scheduled to be work; or is absent from work for good cause shall notify their supervisor more than thirty-six (36) months by reason of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate lay-off; or in some other adequate manner if it so desires. (d) If they are off is absent from work for more than twelve thirty-six (1236) consecutive months by reason of absence while on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to and there is no reasonable likelihood the employee will return to work as scheduled when they within the near future. Employees who are medically qualified to return to work. Temporary return to work during such period (where on leave of absence continues due to the same illness or injury) will not engage in gainful employment on such leave and if an employee does engage in gainful employment while on such leave, she will forfeit all seniority rights and privileges contained in this Agreement unless otherwise agreed by the Union and the Employer. An employee who has been granted a leave of absence of any kind and who overstays her leave, unless she obtains or provides a satisfactory explanation, shall be deemed considered to have terminated her employment without notice. The Union and the Employer agree to abide by the Human Rights Code. In the event that an interruption employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of this Agreement and is later placed in a position within the scope of this Agreement, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated while serving in such supervisory or confidential capacity. It shall be the duty of the twelve (12) consecutive months but such period of temporary return will be added each employee to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of notify the Employer and the Union.Union promptly of any change in address. If an employee fails to do this, neither the Employer nor the Union will be responsible for failure of a notice to reach such employees. Whenever they are used in the Collective Agreement, the terms seniority and service shall be deemed to refer to length of employment subject to the following conditions:

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees (a) An Employee shall lose their all seniority and their employment service and shall be deemed terminated in any of the following eventsif he: (ai) If they quit.resigns; (bii) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.grievance/arbitration procedure; (ciii) If they are retires at any age; (iv) is absent from scheduled work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting of such absence and providing to the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.satisfactory reason; (dv) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are has been laid off for more than two twenty-four (224) years.months; (fvi) If they fail has been laid off and fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall return to work within seven (7) calendar days after receipt having been notified to return to work by the employee Employer through Registered Mail (which notification shall be deemed to be received on the third day following the date of written notice from the Employer (by certified mail, return receipt requested, mailing) addressed to the employee's last address on record the records of the Employer subject to Article 9.11(g); (vii) Is absent due to illness or disability for a period of thirty (30) calendar months from the time the disability or illness commenced. This shall not be applied in a manner which is inconsistent with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employeeOntario Human Rights Code, unclaimed, or undelivered for any other reason1990. (gviii) If Allows mandatory qualifications under the Ontario Ambulance Act, 1990 and other relevant legislation to expire, unless he or she is on an approved sick leave supported by a duly qualified medical practitioner or other approved leave of absence. Employees will notify management as soon as they do become aware of such lapse in qualifications and be allowed a thirty (30) day unpaid leave to rectify. Circumstances beyond the Employee’s control causing the loss of qualification or delays in reinstatement will be considered extenuating circumstances and shall not return to work when scheduled upon recall from layoff as set forth result in the recall procedureloss of all seniority, service, and termination. (hb) If they do not return as scheduled from sick leave or leave of absence.In addition to the grounds listed in (a), a Casual Employee shall lose all seniority and service and shall be deemed terminated if: (i) If they willfully make a false statement which the Employee moves permanently from the district and is material on their application for employment or on their application for leave of absence.no longer available to work; or (jii) If they retire or are retired pursuant the Employee fails to any retirement plan provide a minimum availability of the Employer then in effecteight (8) shifts over a six (6) week cycle, two (2) of which must be on weekends. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment service and shall be deemed to have terminated in any of the following events: (a) If they quit. (b) If they are ifhe: resigns; is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement. procedure; is retired; is absent from scheduled work for a. period of three (c) If they are absent for two (2) consecutive working 3)or more consecutiveworking days without notifying the Employer provided nothing herein shall be construed as prohibiting Hospitalof such absence and providing to the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by Hospital a doctor's certificate or in some other adequate manner if it so desires. (d) If they are satisfactory reason; has been laid off for more than twelve twenty-four (1224) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or months; if they fail the employee has been laid off and fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due within seven calendar days after that employee has been notified by the Hospital through registered mail addressed to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued last address on the records of the Employer as available Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; is absent due to illness or disability for recall a period of thirty (30) calendar months from the time the disability or illness commenced. Where a permanent vacancy occurs ina classification within the bargaining unit or a new position within the bargaining unit is established by the Hospital, vacancy shall be posted for a period of seven (7) consecutive calendar days. Applications for such vacancy shall be made in writing within the seven period referred to work herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three (3)consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made in writing within the three day period referred to herein. In matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The name of the successful applicant will be posted-on the bulletin board for a period of seven (7) calendar days after receipt days. Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this Article, employees in other bargaining units at the Hospital will be considered for such positions prior to considering Personsnot employed by the Hospital. The employees eligiblefor consideration shall be limited to those employees who have applied for the position in accordance with this Article, and selection shall be made in accordance with this Article. The successful applicant shall be allowed a trial period of up to thirty days, during which the Hospital will determine if the employee of written notice can satisfactorily perform the job. Within this period the employee may voluntarily return, or be returned by the Hospital to the position formerly occupied, without seniority. The vacancy resulting from the Employer (by certified mailposting may be filled on a basis until the trial period is completed. A list of vacancies filled in the preceding month under this Article and the names of the successful applicants will be posted, return receipt requested, addressed with a copy provided to the employee's last address on record with Union. Each posting will contain the Employer) or upon return Department, job title, involved and rate of such written notice by the Postal Service Applicants may apply in writing to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or Personnel Office. Where there are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions no successful applicants an employee may be made by mutual agreement of hired from outside the bargaining unit. The Employer and shall have the Union.right to fill any job opening on a

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any if the employee: voluntarily quits the employ of the is justifiably discharged; has been laid off for xxxx than twenty-four consecutive months; following events: (a) If they quit. (b) If they are discharged a lay-off, fails to advise the Employer within working days of receipt of notice to return to work of his/her intention to return or fails to report for work date and at the discharge time specified in the notice; accepts a position outside of the bargaining unit for a period of more than one hundred and twenty calendar days, during which period an employee may return to his/her old position without loss of seniority; is not reversed through the procedure set forth in this Agreement. (c) If they are absent from work for two (2) five consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause or providing a reasonable explanation for such absence, either in which case he/she shall be deemed to have resigned his/her employment with the Employer. Change of Address It shall be the duty of the employee to notify the Employer promptly of any changes of address telephone number. If any employee should fail to do so, the Employer will not be responsible for failure of any notice to reach the employee. In the event of a layoff, the Employer agrees that employees shall be-laid off in the reverse order of their seniority. The employees shall be recalled to work in order of their seniority. Any employee who is laid off may displace an employee with less seniority in the same classification a lower classification wherein it is determined that he/she is qualified and capable of performing the duties of that classification. In determining the ability of an employee to perform work in a classification covered by the terms of the Agreement, the Employer will consider the qualifications and the ability of the employee to perform the normal requirements of the job satisfactorily. Where the qualifications are relatively equal between the employees affected, seniority shall be the governing factor. An employee recalled to work in a doctor's certificate different Department or in some other adequate manner if a different classification from which he/she was laid off have the privilege of returning to the position he/she held prior to the layoff should it so desires. (d) If they become vacant. Employees on layoff are off entitled to apply for more than twelve (12) consecutive months on workers' compensation and/or other any job vacancies arising out of a job posting. An employee who has been discontinued from long term disability leavebenefits, whether or not compensable, or if they fail and is certified medically fit to return to work in a classification other than the classification in which he/she was employed immediately prior to receiving long term disability benefits, may exercise his/her seniority and displace an employee in an equivalent lower classification once only, providing the following qualifications are met: the employee must have exhausted all sick leave credits prior to exercising his/her seniority; and the employee must be certified as scheduled when they are being medically qualified fit to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption perform all of the twelve (12) consecutive months but such period of temporary return will be added to duties within the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records classification of the employee being displaced. Notwithstanding the above, the Employer as available for recall to work within seven (7) calendar days after receipt by will have the option of assigning the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of vacant bargaining unit position within reason, providing the Employer then in effectemployee is medically fit and to perform such work. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their his seniority standing and their employment his name shall be terminated in removed from all seniority lists for any one of the following eventsreasons: (a) If they quit.an employee quits; (b) If they are the employee is discharged for proper cause, and the discharge is not reversed through reinstated in accordance with the procedure set forth in provisions of this Agreement.; (c) If they are absent for two the employee is laid off and fails to notify the Company within five (25) consecutive working days without notifying of his intention as to whether he intends to return to work or not, after having been notified to do so by the Employer provided nothing herein shall be construed Company by registered mail to his last known address, and fails to return to work in ten (10) working days after receipt of the registered notice, as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring stated above; copy of such notice to be absent from work for good cause shall notify their supervisor sent to the Union. Exceptions to this rule will be extenuating circumstances. It is the responsibility of such desire and laid off employees to keep the reason therefor before the end Company informed of their previous shift, if possible, addresses and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desirestelephone numbers. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due the date on which the above registered letter has been returned to the same illness Company from the post office. If he has been on lay-off because of lack of work for a period equal to his time of seniority or injurytwenty-four (24) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.months, whichever is greater; (e) If employees will be identified by the date disability benefits ceased, as on hold on the seniority list when they have ceased to receive Disability Benefits from either the Workers Compensation Board or the Short or Long Term Disability Benefits, under this Collective Agreement, and are unable to return to active employment in the Company for medical reasons, or, who have completed job retraining from the Workers Compensation Board shall not accumulate further seniority from the date of such discontinuation of benefits. Employees who are not accumulating seniority under this article shall not be eligible for further benefits under this Collective Agreement (including pension and insurance benefit program) until such time as they are laid off for more than two (2) years. (f) If they fail medically fit to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth active employment in the recall procedureCompany. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their service rights and his employment shall be deemed to have terminated in if: he is laid off for twelve (12) months; he is on layoff and fails to indicate his willingness to return to work within forty-eight (48) hours after he receives or is deemed to have received notice of recall sent to him by the Company or if he, within seven (7) days after such notice of recall is so sent, fails, without a reasonable excuse, to return to work; he fails to return to work promptly after the expiration of any leave. granted to him, unless he is excused by Management; he absents himself from work for three (3) consecutive working days without a reason satisfactory to Manage- ment. This Article 11.10(d) shall not be interpreted as permitting unauthorized absence of any duration. 1 I. 1 I It shall be the duty of the following events:employee or laid off per- son to notify the Company Human Resources Office promptly, in writing, of any change in his address or tel- ephone number. If any employee or laid off person shall fail to do this, the Company will not be responsible for the failure of the notice to reach him, and any notice sent by the Company be registered mail to the address which ap- pears on the Company’s personnel records, shall be con- clusively deemed to have been received by the employee or laid off person on the third day after it was so sent. (a) If they quitWithin sixty (60) days after the ratification of this agree- ment the Company shall, wherever possible, post a de- partmental or, where I I .03 applies, an area seniority list in the relevant department or area. (b) If they are discharged and Thereafter, the discharge is not reversed through the procedure set forth in this AgreementCompany shall post a revised depart mental or, where applicable, area seniority list at least two (2) times per year. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No An employee shall be absent from work without good cause. An employee desiring entitled to be absent from work for good cause shall notify their supervisor dispute the accuracy of such desire his seniority as shown on any departmental or area seniority list posted pursuant to this Article by filing a written notice with the Director of Human Resources and settling out therein the reason therefor before the end grounds of their previous shift, if possible, and in any event not less than his objection within thirty (30) minutes before calendar days of the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possibleposting. Absence If the dispute is not resolved to that employee’s satisfaction, he may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by file a doctor's certificate or in some other adequate manner if it so desiresgrievance pursuant to Article 10. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leaveany employee does not file a dispute as herein pro- vided or, whether or upon filing a dispute does not compensableprocess the dis- pute as provided in this agreement, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not he shall be deemed an interruption of to have accepted as final and binding his seniority as shown on the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month perioddepartmental or area seniority list which has been posted. (e) If they are laid off for more than two (2) years. (f) If they fail An employee shall not be entitled to indicate their desire (by certified mail) dispute his sen- iority as shown on any departmental or area’s seniority list where the dispute relates to be continued the accuracy of his sen- iority as shown on any prior departmental or area sen- iority list unless such employee has disputed the records accu- racy of the Employer prior departmental or area seniority list as available herein provided or, having disputed the accuracy thereof, is processing a dispute as provided for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonin this agreement. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their his or her employment shall be deemed to have been terminated in any of the following eventsif he or she: (a) If they quit.Voluntarily leaves the employ of the Employer; (b) If they are Is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are absent Is laid off for two a period of six (26) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresmonths. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail Fails to return to work as scheduled when they are medically qualified upon termination of an authorized leave of absence, unless prior arrangement acceptable to return to work. Temporary return to work during both the employee and the Employer have been made for an extension of such period (where leave, or utilizes a leave of absence continues due to for purposes other than those for which the same illness or injury) will not be deemed an interruption leave of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodabsence was granted. (e) If they Fails to return to work within five (5) calendar days after being recalled from extended layoff by notice sent by courier service, or fails to advise of his or her intention to return within three (3) days following such notice. Such notices are laid off for more than two (2) yearssufficient and will be deemed to have been received if sent to the last address of the employee made known to the Human Resources Department in writing. (f) If they fail to indicate their desire (by certified mail) to be continued on the records Is absent without calling in advance of the Employer as available start of his shift for recall any two (2) shifts within any period of twelve (12) months and returns to work without a reason satisfactory to the Employer; (g) If an employee fails to return to work following a workplace injury after the Employer has been notified by the employee's treating physician or the Workplace Safety and Insurance Board that the employee is able to perform modified duties or the employee's regular duties. (h) If an employee who is recalled to work fails to return wi_thin twenty-four (24) hours of having notice of recall personally delivered to him, within two days of having notice couriered or within seven (7) calendar days after receipt of the date of mailing of notification to return. In the case of mailing or courier, delivery shall be by registered mail or courier to the employee last address of written notice from the Employee that the Employer (by certified mail, return receipt requested, addressed to has in its files for the employee's last address on record with the Employer) or upon return of Employee and such written notice by the Postal Service to the Employer indicating such notice mailing shall be deemed to have been refused received by the employeeEmployee. If the Employer recalls the Employee by telephone, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absenceit will be confirmed by registered mail orcourier. (i) If they willfully make a false statement which is material on their application for employment Fails to return to work from vacation as scheduled at the commencement of his or on their application for leave of absenceher vacation. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their his/her employment shall be deemed to have been terminated in any if he/she: a) voluntarily leaves the employ of the following events: (a) If they quitEmployer. (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreementgrievance or arbitration procedure. (c) If they are is absent from work for two three (23) or more consecutive working days without notifying the Employer provided nothing herein Company. d) is laid off for a period equal to the lesser of his period of seniority or twenty-four (24) months. It is agreed that for lay-offs caused by construction and/or renovations, the normal lay-off period of twenty-four (24) months shall be construed as prohibiting extended to the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be full period of construction and/or renovation. a) subject to the provisions of the Ontario Human Rights Code, is absent from work without good cause. An employee desiring due to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate illness or in some other adequate manner if it so desires. (d) If they are off injury for more than twelve twenty four (1224) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail months. b) fails to return to work as scheduled when they are medically qualified upon termination of an authorized leave of absence unless prior arrangements acceptable to return to work. Temporary return to work during both the employee and the Company have been made for an extension of such period (where leave or utilizes a leave of absence continues due to for purposes other than those for which the same illness or injury) will not leave of absence may be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodgranted. (ec) If they are laid off for more than two (2) years. (f) If they fail fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall report to work within seven five (75) calendar days after receipt by the employee being given notice of written notice from the Employer (by certified mail, return receipt requested, addressed recall to work or fails to give an explanation satisfactory to the employee's Company for not reporting after notice of recall to work to his/her last address on record with the Employer) or upon return company in accordance with the terms of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonof recall. (ga) If they do not return Layoffs in excess of five (5) working days and recalls shall be by classification within a department. Probationary employees shall be the first to work when scheduled upon be laid off or released and then part-time employees where possible considering the operations of the Hotel. Thereafter, in all cases of layoff and recall from layoff as set forth layoff, the following factors will be considered: i. Departmental seniority ii. Skill, ability and qualifications. Where, in the recall procedurejudgment of the Company (which shall not be exercised in an arbitrary or discriminatory manner) the factors in (ii) are relatively equal, factor (i) shall govern. (hb) If they do Employees laid off from a classification in accordance with the provisions of this article may displace a less senior employee in an equal or lower rated job classification within the department, if in the judgment of the Company (which shall not return be exercised in an arbitrary or discriminatory manner) he/she possesses the skill, ability and qualifications to perform the work in question. An employee displaced as scheduled from sick leave a result of this process shall have similar rights to displace other more junior employees in an equal or leave of absencelower rated classification within the department. (ic) If they willfully make a false statement Recalls to work shall be made to the classification within the department from which is material on their application for employment the employee was laid off in the reverse order of lay off provided that the employees to be recalled to the classification in the judgment of the Company (which shall not be exercised in an arbitrary or on their application for leave of absencediscriminatory manner), possesses the skill, ability and qualifications to perform the work in question. (jd) If they retire or The parties recognize that while it is desirable to maintain a mixture of full-time and part-time employees, it is also important to attempt to maintain the hours of full-time employees. It is accordingly agreed that in the event full-time employees are retired pursuant to any retirement plan be permanently laid off, out of work, the Employer then in effect. (k) Exceptions parties will on request meet for the purpose of discussing ways and means of reducing the impact on full-time employees to be laid off. Options which may be made by mutual agreement addressed include, but are not limited to, the reduction or release of the Employer part-time employees and the Uniondisplacement of junior employees in other departments, and reorganizing of job responsibilities.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their An Employee’s seniority and their employment at any division of the Company shall be terminated in any for the following reasons: If the Employee quits or retires; If the Employee is terminated and not reinstated under the Concern Resolution Process; If the Employee is absent for three (3) consecutive workdays without notifying the Company, of the following events: reasons for his absence; If an Employee on layoff is recalled and fails to report for work within three (a3) consecutive working days after receipt or attempted delivery of a certified letter sent to the last address of record with the Company; If they quit. (b) an employee accepts other employment while on Leave of Absence or who uses a leave for a purpose other than that requested without the express permission of the Company. If they are discharged and an Employee on Leave of Absence fails to report for work after expiration of such leave of absence; If the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent Employee has been continuously laid off for two (2) consecutive working days without notifying years; If an Employee on layoff accepts severance and/or termination pay that meets the Employer provided nothing herein shall be construed as prohibiting requirements under the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work Employment Standards Act 2000; If the Employee has been continuously on medical leave of absence for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. ; or If the Employee has been laid-off from his current division (f“division A”) If they fail to indicate their desire (by certified mail) and accepts a permanent position with any other division in the Magna family of companies without a right to be continued on recalled to division A. The Company will be entitled to rely upon the records last address of the Employer Employee as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth shown in the recall procedureCompany’s records. Employees will notify the Company promptly of any change of address and will receive a receipt. In case of a dispute regarding such change of address notice, the Employee must produce his/her receipt of notice or change of address form provided by Canada Post. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees shall lose their An employee’s seniority and their his/her employment relationship with the Employer shall be automatically terminated in for any of the following events: (a) If they quitreasons. (b) If they are A. The employee quits or is discharged and the discharge is not reversed through the procedure set forth in this Agreementfor just cause. (c) If they are B. The employee is absent from work, including failure to return to work at the expiration of any approved leave of absence or paid time off for two (2) three consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work Sheriff’s Department and making acceptable arrangements for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return returning to work. Temporary return The Employer will issue a termination notice in such case. C. An employee is notified by personal notice, e.g., telephone or personal communication, to report to work during such period and fails to report for five (where absence continues due to the same illness or injury5) will not be deemed an interruption working days after he/she was notified of the twelve (12) consecutive months but such period of temporary return will be added to recall, or in the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (event notice is given by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by telegram or registered or certified mail, return receipt requested, addressed sent to the employee's ’s last know address on record with the Employer, and the employee fails to report for five (5) working days following the time he/she was supposed to report for work, based on the postmark of the notice. Notice will be given the Union in the event the employee is terminated under this provision. D. The employee fails to report back within three (3) days following the expiration of a leave of absence, paid time off or upon holiday. E. Falsification of reasons for leave of absence or statements on the employee’s application. F. He/she is convicted or pleads guilty or nolo contendere to a felony or a circuit court misdemeanor, or a misdemeanor which misdemeanor results in sentenced jail time excluding traffic misdemeanors; G. If he/she fails to return on the required date following an approved leave of such written notice by the Postal Service absence, paid time off or a disciplinary layoff, unless an excuse acceptable to the Sheriff is presented; H. If he/she makes an intentionally false statement on his/her employment application or other Employer indicating such notice to have document; I. If he/she has been refused by on layoff status for a period of eighteen (18) months or the employeelength of his/her seniority, unclaimedwhichever is less, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon recall recalled from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for proper cause (c) If they are absent he is laid off for two a period in excess of twenty four (224) consecutive working days without notifying months in the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No case of an employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possiblewith less than five (5) years service, and in any event not less than thirty (30) minutes before the beginning months for an employee with five (5) or more years. Any employee who has less than twenty four (24) months seniority shall lose all seniority rights if he is laid off for a period up to his length of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresservice. (d) If they are a person on lay-off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar working days after receipt the Company mails notice of recall by registered mail to the employee. The foregoing provisions may be waived by the Plant Manager in writing if the person furnishes reasons satisfactory to the Plant Manager for such failure on his part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of an employee or laid off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records, or telephoned to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid off person. (e) If an employee fails to return to work promptly after the expiration of written notice from any leave granted to him, unless he is excused by the Employer (by certified mailPlant Manager; however, return receipt requested, addressed in the event the employee becomes sick or injured prior to the employee's last address on record with end of his leave of absence, the Employer) or upon return of such written notice by employee must notify the Postal Service Company prior to the Employer indicating such notice end of the leave of absence and provide medical proof confirming the need for an extension to have the leave and be back at work within 12 weeks of the expiry of the leave of absence. (f) If an employee has been refused by the employee, unclaimed, or undelivered absent for any reason other reasonthan lay-off or absence without leave for more than six (6) months. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or an employee takes an unauthorized leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority 13.01 Seniority status once acquired, and their employment shall employment, will be terminated in lost for any of the following eventsreasons: (a) If they quit.voluntary resignation or retirement; (b) If they are discharged discharge for just cause, and the discharge is not reversed through the procedure set forth in this Agreement.grievance procedure; (c) If they are absent for two lay-off in excess of twenty-four (224) consecutive working months; or refuses a recall to the Category that she held at time of lay-off (d) absence occasioned by illness, work related injury, or accident exceeding twenty-four (24) months subject to the provisions of the Ontario Human Rights Code; (e) absence from work in excess of three (3) days without sufficient cause or without notifying the Employer provided nothing herein during such time, unless such notice was not reasonably possible, in which case the Employee shall be construed as prohibiting deemed to have quit her employment without notice; (f) failure to notify the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail intention to return to work as within forty- eight (48) hours of being notified of scheduled when they are medically qualified recall by registered mail, or failure to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of scheduled recall date; it being understood that the Employer as available for scheduled recall to work within date can be no less than seven (7) calendar days after receipt by the employee of written notice from the Employer date of notice, and by agreement could be up to fourteen (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer14) or upon return days notice of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason.recall; (g) If they do not return failure to report to work when scheduled upon recall from layoff as set forth in the recall procedure.expiration of any leave of absence granted by the Employer unless a satisfactory written reason to the Employer is given; (h) If they do not return as scheduled from sick leave or utilizing a leave of absence.absence for a purpose other than that for which it was granted; (i) If they willfully make Employees who are involved in a false statement which is material on their application for employment temporary vacancy posting or on their application for leave of absence.a temporary assignment posting outside the bargaining unit shall not accrue seniority, however, seniority previously earned shall be maintained; and, (j) If they retire An Employee who accepts employment elsewhere during a leave of absence or are retired pursuant to any retirement plan sick time without the knowledge of the Employer then in effectshall be deemed to have voluntarily terminated her employment. (k) Exceptions may be made by mutual agreement A Casual Employee who does not submit availability for shifts for a period of four (4) consecutive weeks. 13.02 It is the responsibility of the Employee to keep the Employer informed of her current address and telephone number. If an Employee fails to do this, the UnionEmployer will not be responsible for a failure of a notice to reach an Employee.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment; (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for just cause; (c) If they are absent for two a person on layoff fails to return to work within four (24) consecutive working days, five (5) working days without notifying if work week becomes five (5) days after receipt of notice of recall sent by registered mail. The date of receipt is deemed to be the Employer provided nothing herein second postal business day following the date of mailing. The foregoing provision shall be construed as prohibiting waived by the Employer from appropriately disciplining Production Manager in writing if the person furnishes reasonable grounds to the Production Manager for such failure on his part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of an employee or laid-off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid-off person should fail to notify the Company office promptly in writing to any change of address, the Company will not be responsible for the failure of a notice to reach him, and any notice sent by the Company, by registered mail to the address which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid-off person. In all cases of layoff exceeding one (1) working week (except in cases of accident, breakdown or emergency) the Company shall notify the employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor laid off at least one (1) week in advance of such desire and layoff. The Company further agrees that layoffs in these circumstances shall commence after the reason therefor before completion of the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before employee’s full work week prior to the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desireslayoff. (d) If they are off for more than twelve (12) consecutive months an employee on workers' compensation and/or other disability leave, whether or not compensable, or if they fail layoff fails to return to work as scheduled at the time directed by the Company in writing when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness employee was laid off or injury) will not be deemed an interruption notified of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.layoffs; (e) If they are laid off if an employee fails to return to work promptly after the expiration of any leave granted to him, unless he provides reasonable grounds to the Production Manager; (f) if an employee absents himself from work without leave for more than two (2) yearsworking days, unless he has reasonable grounds for not being able to contact the Company during this period. THIS CLAUSE SHALL NOT BE CONSTRUED AS PERMITTING UNAUTHORIZED ABSENCE OF ANY DURATION. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their total seniority and classification seniority and their employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quita. The employee quits, retires or receives a pension under the Genesee County Retirement System. (b) If they are b. The employee is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement. (c) If they are c. The employee is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail at his/her last known address that because of the unreported absence, the employee is considered to have resigned (voluntary quit) and is no longer in the employ of Genesee County. In proper cases, exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require producing convincing proof of good cause for his/her inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desiresnotice. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the d. The employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon on the date specified for recall from layoff as set forth in the recall procedure. In proper cases, exceptions shall be made upon the employee producing convincing proof of their inability to return as required. (h) If they do not e. The employee fails to return as scheduled from sick leave or on the specified date following an approved leave of absence, disability leave, vacation or a disciplinary suspension. In proper cases, exceptions shall be made upon the employees presenting convincing proof of an inability to return on the required date. f. The employee has been on layoff status for a period of three (i3) If they willfully make years or the length of his or her total seniority, whichever is less. However, said date of termination of seniority shall be extended by one (1) year for each additional five (5) years of total seniority in accordance with the following table: Period of Recall Rights Year of Total Seniority 4 years 8 years 5 years 13 years 6 years 18 or more years g. The employee has been on disability leave for a false statement which period of three (3) years or for a period of time equal to the length of his/her seniority at the time such disability leave commences, whichever is material on their application for employment or on their application for leave of absenceless. h. The employee has been on Workers' Compensation leave for a period of three (j3) If they retire years or are retired pursuant for a period equal to any retirement plan the length of his/her seniority, at the Employer then in effecttime such Workers' Compensation leave commences, whichever is less. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Labor Agreement

Loss of Seniority. Employees An employee's seniority shall lose their seniority terminate and their employment shall be terminated in any of the following eventscease if: (a) If they quitA. The employee separates. (b) If they are B. The employee is discharged and the discharge is not reversed through the procedure set forth in this Agreementgrievance procedure. (c) If they are C. The employee is absent for two three (23) consecutive regularly scheduled working days without notifying the Employer provided nothing herein shall be construed as prohibiting office of the Employer from appropriately disciplining employees who are absent without good cause immediate supervisor or without notification as otherwise required by this Agreementspecified designee. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shiftIn proper cases, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence exceptions may be excused made by the Employer, but the Employer may require proof of good cause for . After such absence, either by a doctor's certificate or in some other adequate manner if it so desiresthe Employer will send written notification to the employee at their last known address that the employee has been terminated and, therefore, loses their seniority. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the D. The employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do does not return to work when scheduled upon recall recalled from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions Article 17, Recall Procedure. In proper cases, exceptions may be made by the Employer. E. In the event an employee is laid off for a period of time equal to the employee’s seniority at the time of layoff or three (3) years, whichever is less at the time of layoff. F. The employee does not return from vacation, leave of absence or sick leave in accordance with paragraph C above. G. The employee has been on a long-term disability (LTD) leave for one (1) year (with the employee allowed to submit a doctor’s note for consideration by the College) -OR- worker’s compensation leave for fourteen (14) months H. An employee who permanently transfers to a position under the Employer not included in the Bargaining Unit, shall have their accumulated seniority frozen as of the day the employee leaves the Unit, for a period up to one (1) year. After one (1) year from date of transfer from this Bargaining Unit, the employee will lose all seniority accumulated within this Bargaining Unit. The time spent out of the Bargaining Unit will not be counted toward seniority within the Unit. Employees who temporarily transfers to non-bargaining unit positions may continue to pay union dues and accrue seniority for the duration of the transfer for a period up to one (1) year. If a temporary transfer exceeds one (1) year, the employee's seniority shall be frozen for up to one (1) year and the employee’s classified position may be posted in accordance with Article 20. After one (1) additional year from the date of frozen seniority, the employee shall lose all seniority accumulated within this bargaining unit. The time periods specified above may be extended upon mutual agreement of the Employer and the Unionparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be terminated in any of the following eventsservice rights if: (a) If they quit.he quits his employment (b) If they are he is discharged and the discharge is not reversed through the procedure set forth in this Agreement.for proper cause (c) If they are absent he is laid off for two a period in excess of twenty four (224) consecutive working days without notifying months in the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No case of an employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possiblewith less than five (5) years service, and in any event not less than thirty (30) minutes before the beginning months for an employee with five (5) or more years. Any employee who has less than twenty four (24) months seniority shall lose all seniority rights if he is laid off for a period up to his length of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresservice. (d) If they are a person on lay-off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar working days after receipt the Company mails notice of recall by registered mail to the employee. The foregoing provisions may be waived by the Plant Manager in writing if the person furnishes reasons satisfactory to the Plant Manager for such failure on his part. In such cases of waiver, the person will not be permitted to displace another employee with less seniority who has been employed in the meantime, but will be rehired with seniority intact when employment for which he is qualified and for which he has the necessary seniority is available. It shall be the duty of an employee or laid off person to notify the Company office promptly, in writing, of any change of address or telephone number. If an employee or laid off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records, or telephoned to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid off person. This notification requirement shall apply in all circumstances when the Company is required to contact an employee. (e) If an employee fails to return to work promptly after the expiration of written notice from any leave granted to him, unless he is excused by the Employer (by certified mailPlant Manager; however, return receipt requested, addressed in the event the employee becomes sick or injured prior to the employee's last address on record with end of his leave of absence, the Employer) or upon return of such written notice by employee must notify the Postal Service Company prior to the Employer indicating such notice end of the leave of absence and provide medical proof confirming the need for an extension to have the leave and be back at work within 12 weeks of the expiry of the leave of absence. (f) If an employee has been refused by the employee, unclaimed, or undelivered absent for any reason other reasonthan lay-off or absence without leave for more than six (6) months. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or an employee takes an unauthorized leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall be deemed terminated in any of if: the following events: (a) If they quit. (b) If they are employee quits; the employee is discharged and the discharge is not reversed through the procedure set forth in this Agreement. (cgrievance or arbitration procedure. the employee is absent from scheduled work for a period of three ( 3 ) If they are absent for two (2) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor Hospital of such desire absence and providing a reason satisfactory to the reason therefor before Hospital; the end employee fails to return to work upon the expiration of their previous shift, if possiblethe leave of absence or utilizes a leave of absence for a purpose other than that for which it was granted; the employee has been laid off for twenty-four (24) months ; the employee fails upon being notified of a recall to signify his intention to return within five (5) working days after he has received the notice of recall, and in any event not less than fails to report to work within ten (10) working days after he has received the notice of recall; the employee is absent due to illness or disability for a period of thirty (30) minutes before months from the beginning of their next shift except time the disability or illness commenced. Unless otherwise provided in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused this Collective Agreement: It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the EmployerHospital, but the Employer may require proof both seniority and service will accrue. During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of good cause for such absencesalary increment, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability vacation, sick leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption any other benefits under any provisions of the twelve (12) consecutive months but such Collective Agreement or elsewhere, shall be suspended for the period of temporary return will be added to the twelve- absence in excess of thirty (1230) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued continuous calendar days, the benefits concerned appropriately reduced on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to a pro rata basis and the employee's last address anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits in which is participating for the period of the absence, except that the Hospital will continue to pay its share of the premiums for up to eighteen (18) months while an employee is receipt of benefits. Notwithstanding this provision, service shall accrue for a period of fifteen (15) weeks if an employee's absence due to a disability resulting in benefits. It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer, or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision, seniority shall accrue for a period of eighteen (18) months if an employee's absence is due to a disability resulting in benefits or benefits or for a period of one (1) year if an unpaid absence is due to an illness. Effective February part-time employees shall accrue seniority for a period of eighteen (18) months and service for a period of fifteen (15) weeks if absent due to a disability resulting in benefits, on record with the Employer) or upon return basis of such written notice by the Postal Service to the Employer indicating such notice to have been refused by what the employee, unclaimed, or undelivered for any other reason's normal regular hours of work would have been. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees A Bargaining Unit member shall lose their seniority and their employment shall be terminated employment/engagement in any of the following events: (a) If they quit.The Employee/Broker is discharged for just and reasonable cause or during the probationary period; (b) If they are discharged and The Employee/Broker voluntarily leaves the discharge is not reversed through employ/engagement of the procedure set forth in this Agreement.Company; (c) If they are absent The Employee/Broker fails to report for two work after a lay-off within five (25) consecutive working days following the recall date of return to work and notification as in Article G 4.04. There shall be no loss of seniority or any other penalty for refusal to respond to recalls of five (5) days or less. (d) The Employee/Broker fails to report for work for three (3) working days without notifying the Employer provided nothing herein shall be construed as prohibiting Company, except for circumstances beyond the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodEmployee/Broker. (e) If they are laid off The Employee uses a leave of absence for more a purpose other than two (2) yearsthe purpose for which the leave is granted. (f) If they fail The Employee/Broker has been on lay-off for a period equal to indicate their desire previous seniority to a maximum of eighteen (by certified mail18) to be continued on months; (i) The Courier/Broker is convicted of an offence, while driving, under the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonCriminal Code. (gii) If the Courier’s license is suspended under provincial legislation they do not will be granted a leave of absence upon request for a maximum of eighteen (18) months, or if the license is permanently revoked, shall be placed on layoff without recall to a Courier position and will be recalled to a vacant Sorter position after laid off Sorters but before posting the vacancy. If the Courier’s license is subsequently reinstated they may return to work when scheduled upon recall from layoff as set forth in their Courier position provided this does not prejudice the recall procedureCompany’s operating authority and the Courier pays any resulting insurance premium increase. (iii) A Courier whose licence is suspended due to medical reasons shall be able to bump into a Sorter’s position for the duration of the suspension. (h) If they do Theft of customer property shall be cause for discharge. The onus of proof is on the Company and the discharge shall not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement be upheld where the Company does not satisfy the onus with evidence which is material on their application clear and cogent. This article does not mean that theft of Company property is permissible and does not restrict the Company’s right to discipline or discharge for employment or on their application for leave of absencetheft from the Company subject to the regular arbitration case law. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority and their employment shall be terminated in any of the following events: (a) If they quitSeniority shall continue to accrue for a regular employee on any paid leave of absence granted to the employee by the Employer and for leaves without pay granted by the Employer for periods of 30 calendar days or less. (b) If A regular employee on a claim recognized by WorkSafeBC shall be credited with service seniority equivalent to what they are discharged would have earned had they not been absent and the discharge is not reversed through the procedure set forth in this Agreementhad been able to work. (c) If they are absent for two (2) consecutive working days A regular employee who is on leave of absence without notifying pay in an elected or appointed position of the Employer Union shall continue to accrue seniority without benefits during the leave period, provided nothing herein shall be construed as prohibiting that, upon returning, the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify accept the first available position in their supervisor of such desire and original classification, within the reason therefor before the end of geographic region in which their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresresidence is located. (d) If they are Any regular employee who is laid off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail and who fails to return to work as scheduled when they are medically qualified given 96 hours notification to return to work following a layoff, shall lose seniority. However, should the employee within 10 days of the date of notification, provide the Employer with evidence, providing inability to comply with the Employer's request to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period, said employee shall have seniority reinstated. (e) If An employee shall lose their seniority as a regular employee in the event that: (1) they are laid off discharged for just cause; (2) subject to Clause 9.3 – Re-Employment, they voluntarily terminate their employment or abandons their position; (3) they are on layoff for more than two one year; or (24) yearsthey become a short-term employee except as a result of exercising their rights, in the event of layoff as outlined in Article 18.1(a)(4)(ii) and (iii) – Layoff and Recall. (f) If they fail Seniority shall not continue to indicate their desire (by certified mail) accrue beyond six months' absence due to be continued on the records illness of an employee, except with written permission of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return Seniority for employees on maternity, pre-adoption and parental leaves is addressed in Clause 24.7 – Entitlements Upon Return to work when scheduled upon recall from layoff as set forth in the recall procedureWork. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of their length of seniority or eighteen (18) months; (e) is absent from work without good cause. An employee desiring due to be absent from disability or illness for a period equal to their GO Transit seniority or twenty-four (24) consecutive months, whichever is the shorter, or fails to return to work for good cause shall notify their supervisor within ten (10) calendar days of such desire L.T.D. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and the reason therefor before the end can carry out their full duties and responsibilities of their previous shift, if possibleclassification held at the time of being placed on L.T.D., and can return to their occupation as verified by a medical practitioner in any event not less than writing, and notifies the Corporation in writing within thirty (30) minutes before days of L.T.D. payments being curtailed, will be offered the beginning first available vacancy to be filled in their previously held classification within 90 km. of their next shift except in case previous work location, should their seniority permit. Further provisions of emergency beyond the offer to the recovered employee will be that their control and in such case as soon as reasonably possible. Absence may seniority will be excused adjusted by the Employeramount of the total absence from their termination date to the new rehire date. Such seniority to be adjusted will be GO Transit seniority, but and seniority. Vacation entitlement and continuous service date for severance will be as per the Employer may require proof collective agreement. The pension continuous service date will be subject to the pension plan rules, i.e., buy back rights will be extended to the employee. All other benefits will commence on the first day of good cause for the rehire except under the S.T.D., as outlined in Schedule “B”. Any affected employee who wishes to be rehired under this program must acknowledge the Corporation’s offer in writing and return to work within ten (10) calendar days after registration date with the Union of such absencean offer, either by a doctor's certificate or in some other adequate manner if it so desires.otherwise they will forfeit all rights and privileges under this Article; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where upon the expiration of a leave of absence, or utilizes a leave of absence continues due to for a purpose other than that for which it was granted unless excused by the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Employer in writing; (eg) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records fails, upon being notified of the Employer as available for a recall to work from layoff, to report for work within seven five (75) calendar days after receipt such notification has been given by telephone or by registered mail, unless approval has been received by the employee of written notice from the Employer (to postpone their return. Where such notification is given by certified registered mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice it shall be deemed to have been refused received by the employee five (5) days after it is mailed. It is the employee’s responsibility to ensure that their home address and telephone number are current at all times. If the employee fails to do this, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effectwill not be responsible for failure to notify. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their employment shall service and be deemed to have terminated in any of the following events: (a) If they quit. (b) If they are if he: is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement. (c) If they are procedure; is retired; is absent from scheduled work for two (2) a period of three or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor Hospital of such desire absence and providing to the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by Hospital a doctor's certificate or in some other adequate manner if it so desires. (d) If they are satisfactory reason; has been laid off for more than twelve twenty-four (1224) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or months; if they fail the employee has been laid off and fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period within seven (where absence continues due 7)calendar days after that employee has been notified by the Hospital through registered mail addressed to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued last address on the records of the Employer as available Hospital, subject to any special provisions regarding temporary vacancies noted under the heading of Layoff and Recall; is absent due to illness or disability for recall to work within seven a period of thirty calendar months from the time the disability or illness commenced. Unless otherwise provided in the Collective Agreement: (7a) calendar It is understood that during an approved unpaid absence not exceeding thirty continuous days after receipt or any approved absence paid by the employee Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty continuous days, credit for service for purposes of written notice from salary increment, vacation, sick leave, or any other benefits under any provisions of the Employer (by certified mailCollective Agreement or elsewhere, return receipt requestedshall be suspended for the period of the absence in excess of thirty continuous calendar days, addressed to the benefits concerned appropriately reduced on a pro rata basis and the employee's last address anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of any subsidized employee benefits in which is participating for the period of absence, except that the Hospital continue to pay its share of the premiums up to eighteen 8) months while an is in receipt of benefits. Notwithstanding this provision, service shall accrue for a period of fifteen weeks if an employee's absence is due to a disability resulting in benefits. It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for a period of eighteen 8) months if an employee's absence is due to a disability resulting in benefits or benefits, or for a period of one year if an employee's unpaid absence is due to an illness. Where a permanent vacancy occurs in a classification within the bargaining unit or a new position within the bargaining unit established by the Hospital, such vacancy shall be posted for a period of seven consecutive calendar days. Applications for such vacancy shall be made in writing within the seven (7)day period referred to herein. The shall stipulate the qualifications, classifications, rate of pay, department and shift and a copy shall be provided to the Chief Xxxxxxx. Vacancies created by the of an permanent vacancy will be posted for a period of three consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies be made in writing within the three day period referred to herein. matters of promotion and staff transfer appointment shall be made of the senior applicant able to meet the normal requirements of the job. The of the successful applicant will be posted on record the bulletin board for a Where there are no successful applicants from within this bargaining unit for vacant positions referred to in this Article, employees in other bargaining units at the Hospital will be selected in accordance with the Employer) criteria for above, prior to considering persons not members of bargaining units at the Hospital. The employees eligible for consideration shall be limited to those employees who have applied for the position accordance with this Article, and selection shall be made in accordance with this Article. The successful shall be allowed a trial period of up to thirty (30)days, during which the Hospital will determine the employee can satisfactorily perform the job. Within this period the employee may voluntarily return, or upon return of such written notice be returned by the Postal Service Hospital to the Employer indicating position formerly occupied, without loss of seniority. The vacancy resulting from the posting may be on a temporary basis until the trial period is completed. A list of vacancies filled in the preceding month under this Article and the names of the successful applicants will be posted, with a copy provided to the union. Posting shall provide the following information: nature of position, required knowledge and education, ability and skills, requirements and wage level. Applications to such notice job classification may be by employees who have completed their probationary period but applicants from outside the bargaining unit shall not be considered prior to employees within the bargaining unit unless there are not applicants the within the bargaining unit who are able to meet the normal requirements of the job. It is understood, however, that in filling a vacancy, the Hospital will not be confined to the applicants. An employee who is successful on a posted job may not apply for a posted job vacancy for a period of twelve months unless the subsequent posted job vacancy would mean a promotion to a higher rated job for the employee. Nothing in this Article shall be construed as restricting the right of the Hospital to temporarily assign an employee to a job which qualifies for posting hereunder on a temporary basis until the posting procedures have been refused complied with and arrangements have been laid to permit the employee selected to fill the vacancy to be assigned to the job concerned. Temporary vacancies such as those caused by the employeeemployees being absent owing to sickness, unclaimedinjury, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or vacations, leave of absence, jury duty, and transfers shall not be posted. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their seniority Seniority rights and their employment shall be terminated in cease for any of the following eventsreasons: (a1) If they quit.if an employee quits or retires; (b2) If they are if an employee is discharged and the discharge is not reversed through the procedure set forth grievance procedure; (3) if an employee has been absent from work for more than three (3) working days without notifying the Company and providing a bona fide reason for this absence; (4) if an employee fails to return to work promptly upon termination of an authorized leave of absence, except in case of a bona fide emergency; (5) if an employee fails to report for work within one (1) week when recalled by the Company after a lay-off, or failure of the employee to inform the Company within three (3) working days of recall that he will report for work, unless he has a bona fide reason; notice to return to work shall be in writing and shall be deemed to be sufficient if sent by registered mail to the employee's last known address on file with the Company. When work of a temporary nature of a continuous four (4) weeks or less becomes available while seniority employees are on lay-off and they are recalled, they shall have the right to refuse or accept such temporary work without affecting their seniority status under this Agreement; (6) if an employee is laid off for a period of twelve (12) months, or his length of service, whichever comes first; (7) if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted. (8) if an employee permanently loses a required licence or permit due to his own actions. (a) In the event that the Company opens a new Branch within the bargaining unit, any qualified employees, by overall seniority bargaining unit wide, will be allowed to transfer. It is understood that the employee will pay all costs of relocating and will be paid and work under the wages and job conditions then established at such new location. (b) In the event that existing Branches are closing as a result of the opening of a new Branch, employees displaced will have first right of refusal to the new Branch by seniority. (c) If they are absent for two (2) consecutive working days without notifying When a new Branch is opened, current employee seniority will be used to establish the Employer provided nothing herein shall new Branch seniority list after which the Branch seniority list will be construed closed and any movement between Branches will be as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresArticle 12.13. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) Employees will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodonly bid within their own Branch. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees 20.1 An employee’s seniority shall lose their seniority and their employment shall be terminated in any of the following eventsterminate: (a) If they quithe/she quits. (b) If they are he/she is discharged and the discharge is not reversed through the procedure set forth in this Agreementreinstated. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be is absent from work for good cause three (3) consecutive work days without notifying his/her supervisor, or if unable to reach the supervisor, notifying his/her department, or if unable to reach the department, leaving a message with Public Safety. Notwithstanding the provisions of this sub- section, employee's seniority shall notify their supervisor be reinstated if, to the satisfaction of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but it appears that it was impossible for the employee to notify the Employer may require proof of good cause for such absence, either by as required. Any dispute as to the Employer's determination shall be submitted as a doctor's certificate or in some other adequate manner if it so desiresgrievance pursuant to the grievance procedure. (d) If they are off he/she fails to report for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they work from layoff after being notified of the date to report for work by certified mail. Employees who fail to return to report for work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due recalled shall be deemed voluntary quits and any disputes in regard to the same illness or injury) will not interpretation of this section shall be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added referred to the twelve- (12) month periodgrievance procedure. (e) If they are any employee is laid off for more than a continuous period of two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer he/she retires and receives retirement benefits as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonprovided in this Agreement. (g) If they do not return the employee is, pursuant to work procedures established by the Employer, placed on long-term disability leave and remains on disability leave which when scheduled upon recall from layoff as set forth in combined with the recall sick leave period immediately preceding and contiguous with the long-term disability leave exceeds two (2) years. If such employee is re-employed and returns to a position covered by this Agreement, his/her seniority including that which he/she otherwise would have accrued during the period of disability shall be restored. 20.2 Any grievance alleging violations of this section by the Employer shall be submitted at the third step of the grievance procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees A. Any employee who has acquired seniority in a bargaining unit covered by this Agreement shall lose their his seniority and their employment shall will be terminated in any of broken for the following eventsreasons only: (a1) If they quit. he quits - either by (b1) If they are discharged and notifying the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two Company, or (2) remaining away from work for three (3) consecutive working days without notifying a satisfactory reason. In the Employer provided nothing herein shall be construed as prohibiting event the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No Company terminates an employee shall be absent from work without good cause. An employee desiring to be absent because he remained away from work for good cause three (3) consecutive working days without a satisfactory reason, he shall notify their supervisor be notified by the Company by registered or certified mail of such desire termination. A copy of such notice of termination will be provided the Chairman. Employees terminated as three-day quits will be allowed to meet with the Chairman and the reason therefor before factory Manager of LR/HR or his designee upon request from the end Chairman to offer an explanation for his absence from work. If, after this meeting, the Company determines that the employee should be terminated pursuant to the provisions above, then the Union shall be provided with a copy of their previous shift, if possible, and in any event not less than thirty (30) the minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresthis meeting. (d2) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodhe is discharged. (e3) If they are If, after a layoff out of the plant he fails to report for work within five (5) working days after being notified, in writing, by registered or certified mail to do so at his last known address, unless prevented by illness or other satisfactory reason. Employees laid off and desiring to retain their seniority rights must keep their addresses known to the Company. (4) Any absence from active employment (except for more the period of time of a formal leave of absence, a plant- incurred injury, military service, or Long-Term Disability Benefits, as set forth in Appendix "C," or Total and Permanent Disability Retirement) for a period of time equal to the employee's seniority prior to such absence. However, in no instance will an employee's seniority and employment be broken by an absence of less than two (2) years. (f5) If they fail to indicate their desire (by certified mail) Death or retirement or determination of permanent and total disability as specified in the Xxxx Deere Pension Plan for Wage Employees, except that an employee who had been determined to be totally and permanently disabled but who recovers and is subsequently reemployed shall have his seniority reinstated as though he had been continued on a leave of absence during the records period of his disability. B. An employee will lose his seniority rights in his seniority classification by: (1) Losing his seniority as set out in A above. (2) Transfer to a seniority classification as a result of job bidding or a voluntary transfer to a seniority classification to fill a vacancy created by job bidding or a transfer to a seniority classification as an incapacitated employee as provided for in Section 18. In these circumstances his seniority will be transferred to such seniority classification which will thereafter be treated as his seniority classification. In the case of the Employer as available incapacitated employee, however, should he be working in a secondary seniority classification when the incapacity occurs but the incapacity is one which does not incapacitate him for work in his seniority classification, he shall retain his recall rights to work within seven his seniority classification. (73) calendar days after receipt by the employee of written notice Any absence from the Employer seniority classification (by certified mailexcept for the period of time of a formal leave of absence, return receipt requesteda plant-incurred injury, addressed military service, or Long-Term Disability Benefits, as set forth in Appendix "C," or Total and Permanent Disability Retirement) for a period of time equal to the employee's last address seniority prior to such absence or for a period of five (5) consecutive years, whichever is the lesser. However, in no instance will an employee's seniority rights in a seniority classification be broken by an absence from the seniority classification of less than two (2) years. Should an employee lose his classification seniority under this paragraph, the secondary seniority classification will become his seniority classification. Should an employee lose his classification seniority under this paragraph while on record with layoff, the Employersecondary seniority classification held at the time of layoff will become his seniority classification. (4) An employee who has acquired seniority rights in a secondary seniority classification and who does not thereby lose his seniority rights in his seniority classification will lose such rights in the secondary seniority classification upon being reduced or laid off from the secondary seniority classification or upon return to his seniority classification. C. An employee who accepts employment from the LMAS or Outside LMAS list shall carry his disciplinary record to and from the hiring unit(s). Discharge of an employee from any bargaining unit covered by this Agreement will terminate all employment and seniority rights of such written notice employee in any and all bargaining units covered by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonthis Agreement. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif he: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of his length of seniority or eighteen (18) months; (e) is absent from work without good cause. An employee desiring due to be absent from disability or illness for a period equal to his/her GO Transit seniority or twenty-four (24) consecutive months, whichever is the shorter, or fails to return to work for good cause shall notify their supervisor within ten (10) calendar days of such desire L.T.I.P. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and can carry out his/her full duties and responsibilities of his/her classification held at the reason therefor before the end time of their previous shift, if possiblebeing placed on L.T.I.P., and can return to his/her occupation as verified by a medical practitioner in any event not less than writing, and notifies the Company in writing within thirty (30) minutes before days of L.T.I.P. payments being curtailed, will be offered the beginning first available vacancy to be filled in his/her previously held classification within 90 km. of his/her previous work location, should their next shift except in case seniority permit. Further provisions of emergency beyond their control and in such case as soon as reasonably possible. Absence may the offer to the recovered employee will be excused that his/her seniority will be adjusted by the Employeramount of the total absence from his/her termination date to the new rehire date. Such seniority to be adjusted will be GO Transit seniority, but and classification seniority. Vacation entitlement and continuous service date for severance will be as per the Employer may require proof collective agreement. The pension continuous service date will be subject to the pension plan rules, i.e., buy back rights will be extended to the employee. All other benefits will commence on the first day of good cause for the rehire except under the S.T.S.P., as outlined in Schedule “B”. Any affected employee who wishes to be rehired under this program must acknowledge the Company's offer in writing and return to work within ten (10) calendar days after registration date with the Union of such absencean offer, either by a doctor's certificate or in some other adequate manner if it so desires.otherwise they will forfeit all rights and privileges under this Article; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where upon the expiration of a leave of absence, or utilizes a leave of absence continues due to for a purpose other than that for which it was granted unless excused by the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.Employer in writing; (eg) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records fails, upon being notified of the Employer as available for a recall to work from layoff, to report for work within seven five (75) calendar days after receipt such notification has been given by telephone or by registered mail, unless approval has been received by the employee of written notice from the Employer (to postpone his return. Where such notification is given by certified registered mail, return receipt requested, addressed it shall be deemed to have been received by the employee five (5) days after it is mailed. It is the employee's last responsibility to ensure that his home address on record with and telephone number are current at all times. If the Employer) or upon return of such written notice by the Postal Service employee fails to do this, the Employer indicating such notice will not be responsible for failure to have been refused by the employee, unclaimed, or undelivered for any other reasonnotify. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their all service and seniority and their employment shall be deemed to have terminated in any of the following eventsif he/she: (a) If they quit.resigns or retires; (b) If they are is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are is absent from work for two a period of three (23) or more consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be justifiable reason acceptable to the Employer; (d) has been laid off for the lesser of his length of seniority or eighteen (18) months; (e) is absent from work without good cause. An employee desiring due to be absent from disability or illness for a period equal to his/her bargaining unit seniority or twenty-four (24) consecutive months, whichever is the lesser, or fails to return to work for good cause shall notify their supervisor within ten (10) calendar days of such desire L.T.I.P. payments being curtailed. However, any employee who fully recovers subsequent to the termination under the above criteria and can carry out his/her full duties and responsibilities of his/her classification held at the reason therefor before the end time of their previous shift, if possiblebeing placed on L.T.I.P., and can return to his/her occupation as verified by a medical practitioner in any event not less than writing, and notifies the Company in writing within thirty (30) minutes before days of L.T.I.P. payments being curtailed, will be offered the beginning of their next shift except first available vacancy to be filled in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires.his/her previously held classification; (df) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail fails to return to work as scheduled when they are medically qualified upon the expiration of a leave of absence, or utilizes a leave of absence for a purpose other than that for which it was granted unless excused by the Employer in writing; (g) fails, upon being notified of a recall to work from layoff, to report for work within five (5) working days after such notification has been given to the employee by telephone or by registered mail, unless approval has been received by the employee to postpone his/her return to work. Temporary return to work during Where such period (where absence continues due to the same illness or injury) will not notification is given by registered mail, it shall be deemed an interruption of to have been received by the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within employee seven (7) calendar days after receipt by it is mailed. It is the employee’s responsibility to ensure that his/her home address and telephone number are current at all times. If the employee of written notice from fails to do this, the Employer (by certified mail, return receipt requested, addressed will not be responsible for failure to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonnotify. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees shall lose their An employee's Departmental and Classification seniority and their his/her employment relationship with the Employer shall be terminated in terminate for any of the following eventsreasons: (a) If they quit.he/she quits, retires, or receives a pension, including a disability pension, under the Genesee County Retirement System; (b) If they are he/she is terminated or discharged and the termination or discharge is not reversed through the procedure procedures set forth in this Agreement.; (c) If they are he/she is absent for two any three (23) consecutive working days without properly notifying the Employer. After such unreported absence, the Employer provided nothing herein will send written notification to the employee by certified mail to his/her last known address that because of the unreported absence he/she is considered to have voluntarily quit by resigning and is no longer in the employ of Genesee County. In proper cases, exceptions shall be construed as prohibiting made upon the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require presenting convincing proof of good cause for his/her inability to give such absence, either by a doctor's certificate or in some other adequate manner if it so desires.notification; (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail he/she fails to return to work as scheduled when they are medically qualified on the required date following an approved leave of absence, vacation or disciplinary suspension. In proper cases, exceptions shall be made upon the employee presenting convincing proof of his/her inability to return to work. Temporary return to work during such period (where absence continues due to on the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period.required date; (e) If they are laid off he/she has been on layoff status for more than two a period of three (23) years.; (f) If they fail he/she fails to indicate their desire (by certified mail) to be continued on the records of the Employer as available report for recall to work within seven one (71) calendar days after receipt by the employee week following notification of written notice from the Employer (recall by certified mail, return receipt requested, addressed sent to his/her last known address; with a copy of such notification sent to the employee's last address on record with Chief Xxxxxxx; Employees will be granted an extension of up to one (1) additional week from the Employer) or upon date of recall notification to return to work. An employee desirous of such extension must make written notice by request specifying the Postal Service date of return to the Employer indicating Human Resources Department. Such request shall be made within three (3) working days of the employee being notified by certified mail of recall. However, employees granted such notice an extension will forfeit claim to have been refused by the employee, unclaimed, or undelivered for any other reason.unemployment compensation during that extension period; (g) If they do he/she makes an intentionally false and material statement on his/her employment application or on an application for leave of absence; except that after twenty-four (24) months of employment he/she will not return suffer a loss of seniority unless he/she has a felony arrest conviction or a misdemeanor arrest conviction that he/she failed to work when scheduled upon recall from layoff as set forth in enter on the recall procedure.employment application; (h) If they do not return as scheduled from sick leave he/she is convicted of: 1. a felony or, 2. a misdemeanor punishable by ninety-three (93) days or leave of absence.more imprisonment, but excluding OUIL, Impaired or Reckless Driving, (except for a second OUIL conviction within any four (4) year period); (i) If they willfully make he/she has been on disability leave for a false statement which period of two (2) years or for a period equal to the length of his/her seniority at the time such disability leave commenced, whichever is material on their application for employment or on their application for leave of absence.less; (j) If they retire or are retired pursuant to any retirement plan he/she has been on Workers' Compensation leave for a period of the Employer then in effect.three (k3) Exceptions may be made by mutual agreement years or for a period equal to the length of his/her seniority at the Employer and the Uniontime such Workers' Compensation leave commenced, whichever is less.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Loss of Seniority. Employees An employee shall lose their his/her seniority and their employment shall be terminated in any of the following eventsdeemed to be terminated: (a1) If they quitonce he/she has been off for a period of time which is equivalent to his/her accumulated length of service since the date of his/her last hire or twelve (12) months which ever is shorter (where an employee elects to receive termination pay rather than maintain his/her recall rights he/she shall be deemed to have resigned from the Company’s employ). (b2) Where such absence is occasioned by handicap as defined in the Ontario Human Rights Code, the employer shall within that time frame be obligated to make accommodation, short of undue hardship (having regard to the cost, outside of sources of funding if any, and Health and Safety requirement if any) to enable the employee to perform the essential duties of his or her position, if it exists, and the employee shall be returned to that position, if it exists, at such time within that time frame as, with such accommodation, the employee is able to perform the essential duties of the position. (3) As further accommodation for the employee whose absence has been occasioned by illness, injury or handicap, the employer shall be obligated to return the employee to his or her position, if it still exists, at such time as the employee (without accommodation) can perform the essential duties of that position, provided that this obligation to return the employee to work ceases at the end of twenty-four (24) months from the commencement of the absence. (4) If they are the employee’s position no longer exists, the obligation will apply to the position, if any, the employee would otherwise have held but for the need to be absent. (5) In the event it is unclear whether the employee can with the above accommodation perform the essential duties of the appropriate position as identified above, the employee maybe provided a trial period of up to one month without thereby obtaining any rights he/she would not have had but for the trial return. (6) When he/she resigns from the employ of the Company; (7) When he/she is discharged for just cause and the such discharge is not reversed through the procedure set forth in this Agreementgrievance procedure; (8) If he/she fails to return to work within five (5) days of receipt of notification by registered mail of his/her recall to the Company’s active employ. (c9) If they are he/she is absent for two three (23) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the unless a reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desires. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail to return to work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) If they fail to indicate their desire (by certified mail) to be continued on the records of the Employer as available for recall to work within seven (7) calendar days after receipt by the employee of written notice from the Employer (by certified mail, return receipt requested, addressed to the employee's last address on record with the Employer) or upon return of such written notice by the Postal Service satisfactory to the Employer indicating such notice to have been refused by the employee, unclaimed, or undelivered for any other reasonis given. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their all seniority and their his or her employment shall be deemed to have been terminated in any of the following eventsif he or she: (a) If they quit.Voluntarily leaves the employ of the Employer; (b) If they are Is discharged and the discharge is not reversed reinstated through the procedure set forth in this Agreement.Grievance or Arbitration Procedure; (c) If they are absent Is laid off for two a period of six (26) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring to be absent from work for good cause shall notify their supervisor of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate or in some other adequate manner if it so desiresmonths. (d) If they are off for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether or not compensable, or if they fail Fails to return to work as scheduled when they are medically qualified upon termination of an authorized leave of absence, unless prior arrangement acceptable to return to work. Temporary return to work during both the employee and the Employer have been made for an extension of such period (where leave, or utilizes a leave of absence continues due to for purposes other than those for which the same illness or injury) will not be deemed an interruption leave of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month periodabsence was granted. (e) If they Fails to return to work within five (5) calendar days after being recalled from extended layoff by notice sent by courier service, or fails to advise of his or her intention to return within three (3) days following such notice. Such notices are laid off for more than two (2) yearssufficient and will be deemed to have been received if sent to the last address of the employee made known to the Human Resources Department in writing. (f) If they fail to indicate their desire (by certified mail) to be continued on the records Is absent without calling in advance of the Employer as available start of his shift for recall any two (2) shifts within any forty-five (45) day period and returns to work without a reason satisfactory to the Employer; (g) If an employee fails to return to work following a workplace injury after the Employer has been notified by the employee’s treating physician or the Workplace Safety and Insurance Board that the employee is able to perform modified duties or the employee’s regular duties. (h) If an employee who is recalled to work fails to return within twenty-four (24) hours of having notice of recall personally delivered to him, within two days of having notice couriered or within seven (7) calendar days after receipt of the date of mailing of notification to return. In the case of mailing or courier, delivery shall be by registered mail or courier to the employee last address of written notice from the Employee that the Employer (by certified mail, return receipt requested, addressed to has in its files for the employee's last address on record with the Employer) or upon return of Employee and such written notice by the Postal Service to the Employer indicating such notice mailing shall be deemed to have been refused received by the employeeEmployee. If the Employer recalls the Employee by telephone, unclaimed, it will be confirmed by registered mail or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absencecourier. (i) If they willfully make a false statement which is material on their application for employment Fails to return to work from vacation as scheduled at the commencement of his or on their application for leave of absenceher vacation. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions may be made by mutual agreement of the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

Loss of Seniority. Employees An employee shall lose their seniority all and their her employment shall be terminated in any of the following events: (a) If they quit. (b) If they are discharged and the discharge is not reversed through the procedure set forth in this Agreement. (c) If they are absent for two (2) consecutive working days without notifying the Employer provided nothing herein shall be construed as prohibiting the Employer from appropriately disciplining employees who are absent without good cause or without notification as otherwise required by this Agreement. No employee shall be absent from work without good cause. An employee desiring deemed to be terminated if she: is absent from work for good cause shall notify their supervisor twenty-four months by reason of such desire and the reason therefor before the end of their previous shift, if possible, and in any event not less than thirty (30) minutes before the beginning of their next shift except in case of emergency beyond their control and in such case as soon as reasonably possible. Absence may be excused by the Employer, but the Employer may require proof of good cause for such absence, either by a doctor's certificate illness or in some other adequate manner if it so desires. (d) If they are off disability; or is absent from work for more than twelve (12) consecutive months on workers' compensation and/or other disability leave, whether by reason of lay-off; or not compensable, or if they fail to return to is absent from work as scheduled when they are medically qualified to return to work. Temporary return to work during such period (where absence continues due to the same illness or injury) will not be deemed an interruption of the twelve (12) consecutive months but such period of temporary return will be added to the twelve- (12) month period. (e) If they are laid off for more than two (2) years. (f) twenty-four months by reason of absence while on ARTICLE TRANSFERS If they fail an employee is transferred or reclassified to indicate their desire (by certified mail) to be continued on a higher rated job group, he shall receive the records rate immediately above the rate of his prior job in the salary range of the Employer as available job to which he is transferred. Job seniority for recall pay purposes shall date from the date the transfer becomes effective. When an employee is assigned temporarily to work within seven (7) calendar days after receipt by perform the duties and assume the responsibilities of a higher paying position in the bargaining unit she shall be paid the rate in the higher salary range immediately above her current rate from the commencement of the shift on which she was assigned the job. Assignment of an employee to a lower rated classification shall be avoided, but may occur in a reduction of staff, inability to perform his previous job due to sickness or or at the wish of the employee under a permanent transfer. In which case: If an employee is then receiving a rate that is higher than the twelve months rate of written the job to which he is transferred, he shall be paid such twelve month rate; or If an employee is then receiving a rate that is lower than the twelve month rate of the job to which he is transferred, he shall continue to receive the same rate of pay as that for his previous job and shall spend only such length of time on this rate as is required of him to complete a total of months on such job including any experience on such job. He shall then be advanced through the rates for the job group as provided in Schedule When changes take place through demotion or staff reduction involving less than three employees the, Chief Xxxxxxx will be promptly notified. Notice of any staff reduction involving more than three employees will be given beforehand to the Chief Xxxxxxx. The Employer agrees that employees may be permitted to transfer from one (Royalcrest) nursing home to another nursing home (Royalcrest) in the Province of Ontario for their own personal convenience and at their own expense, subject to the following conditions: Employees wishing to notify, in writing, the Administrator of the home to which they would like to transfer, within thirty days of leaving employment at the former home. Such notice from the Employer (by certified mail, return receipt requested, addressed to shall include the employee's last address on record with qualifications, present position, scheduling preference (if any), and when they would be available to commence work. An applicant, who is permitted to transfer from one nursing home to another as a result of this transfer procedure, will retain seniority that he had previously accrued and the Employerapplicable wage rate shall be paid according to the position to which the employee transferred. However, an employee so transferring will only be able to exercise home seniority for purposes of transfers, lay-offs and reductions in staff. In the event that an employee is hired (not transferred) into this home and has recent/related experience at another Royalcrest Lifecare, in the same chain clause shall apply as it relates seniority and wage rate. seniority. Upon a full-time status, he/she shall suffer no loss of basic wage rate or upon return loss of such written notice any benefits in which the employee may and then will progress in seniority and wage rate increase in the same, manner as other full-time employees covered by the Postal Service full-t&me Agreement. Subject to the Employer indicating such notice provisions with respect to have been refused permanent transfers, a full-time employee covered by this Agreement changing his/her status to that of a part-time employee shall retain his/her corporate seniority and his/her classification seniority. Upon entering into a part-time status, he/she shall suffer no loss of wage rate or lose any benefits in which the employee, unclaimed, or undelivered for any other reason. (g) If they do not return to work when scheduled upon recall from layoff as set forth in the recall procedure. (h) If they do not return as scheduled from sick leave or leave of absence. (i) If they willfully make a false statement which is material on their application for employment or on their application for leave of absence. (j) If they retire or are retired pursuant to any retirement plan of the Employer then in effect. (k) Exceptions employee may be made by mutual agreement An employee whose status is changed from part-time to full-time shall receive credit for her full seniority and service on the basis of the Employer and the Union.one year of seniority for each eighteen hundred hours paid. Any time worked in excess of an equivalent

Appears in 1 contract

Samples: Collective Agreement

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