Common use of OF SENIORITY Clause in Contracts

OF SENIORITY. An employee shall lose his seniority when any of the following occurs: Leaves voluntarily or is discharged for cause. Fails to notify the Company of his intention to return to work from a layoff within five working days after notification, by registered mail at his last known address, or fails to return to work within seven working days unless a satisfactory reason, acceptable to the Company, is given. If an employee is laid off for a period of more than one and years, or a period equal to his seniority, whichever is the lesser. Any period of time worked under a temporary recall, as defined in Section will be added to the original date of layoff, as defined in Section and the effective date of the layoff will be advanced accord, A period of time mentioned above will be calculated on the basis of one month for every twenty days worked. If an employee fails to return to work on first regular working day following the of a leave of absence, unless extenuating circumstances, beyond the employee’s control, prevent him from returning. If an employee a leave of absence for purposes other than that for which it was granted. If an employee is absent from work more than three consecutive work days without the Company or to provide a reason satisfactory to the Company for his failure to do so. ARTICLE Job Posting When new jobs are created within the bargaining unit or vacancies over thirty days occur in Group “A”, they shall be posted on the bulletin board for working days. Applicants must apply, writing, to the Department Manager. The posting of new jobs shall be limited to the first job created. The posting of vacancies in Group “A” shall be limited to all jobs created in Group “A” by filling of such Where such jobs are created and such vacancies occur, the provisions of Article shall apply. The name of the successful applicant will be an- nounced forthwith. Where there are no successful applicants, an employee may be prevented from filling any position. The employer shall make every reasonable effort to notify employees of vacancies. Temporary vacancies shall not be used to circum- vent the job posting procedures. ARTICLE Promotions Promotions or transfers to positions outside the bargaining unit are not governed by the provisions of this Agreement, but where an employee has been so promoted or sotransferred, is later transferred to a in the unit and covered by the provisions Agreement, he shall-be only with such seniority that he had at the time he was promoted or transferred out of the bargaining unit.

OF SENIORITY. An employee Employee shall lose his all seniority when and her employment will be deemed to be terminated for any of the following occursreasons: Leaves voluntarily or voluntary resignation; discharge for just cause, and the discharge is discharged not reversed through the grievance procedure; absent from work for causemore than twenty-four (24) months by reason of layoff; absence occasioned by illness exceeding twenty-four (24) months. Fails In the event that an Employee returns within three (3) months of the cut-off dates established by this clause to her regularly scheduled employment, and returns for less than one (1) continuous month, for the purpose of this clause, the period of such return to employment shall be counted as part of the period of absence. This condition applies only to a relapse related to the same (original) illness; absence for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given, which case such Employee shall be deemed to have quit the employment of the Employer without notice; failure to notify the Company Employer of his her intention to return to work from a layoff within five three (3) working days after notificationof being notified of recall by registered mail, if unemployed, or within ten (10) working days of being notified of recall by registered mail at his last known address, or fails to return to work within seven working days unless a satisfactory reason, acceptable employed elsewhere. Registered mail sent to the Company, is givenmost recent address on her employment file shall be interpreted as proper notice. If an employee is laid off for a period For purposes of more than one and years, or a period equal to his seniority, whichever is recall shall be the lesser. Any period of time worked under a temporary recall, as defined in Section will be added to the original date of layoff, as defined in Section and the effective date responsibility of the layoff will be advanced accord, A period Employee to keep the Employer informed of time mentioned above will be calculated on the basis of one month for every twenty days worked. If an employee fails to return to work on first regular working day following the of a leave of absence, unless extenuating circumstances, beyond the employee’s control, prevent him from returning. If an employee her current address; utilizes a leave of absence for purposes other than that those for which it the leave of absence was granted. If an employee is absent from granted or fails to report for work more than three consecutive work days without on the Company or to provide first scheduled day following the expiration of a leave of absence unless a reason satisfactory to the Company for his failure Employer is given prior to do so. ARTICLE Job Posting the expiry of the leave of absence; retires or retired in accordance with Article (a) carry out When new jobs are created within an Employee assigned temporarily to perform the duties and assume the responsibilities of a higher paying classification in the bargaining unit or vacancies over thirty days occur in Group “A”unit, they she shall be posted on paid the bulletin board rate the higher salary range immediately above her current rate for working daysall hours worked in the assignment. Applicants must apply, writing, to the Department Manager. The posting of new jobs shall be limited to the first job created. The posting of vacancies in Group “A” shall be limited to all jobs created in Group “A” by filling of such Where such jobs are created and such vacancies occur, the provisions of Article shall apply. The name of the successful applicant will be an- nounced forthwith. Where there are no successful applicants, If an employee may be prevented from filling any position. The employer shall make every reasonable effort to notify employees of vacancies. Temporary vacancies shall not be used to circum- vent the job posting procedures. ARTICLE Promotions Promotions or transfers to positions outside the bargaining unit are not governed by the provisions of this Agreement, but where an employee has been so promoted or sotransferred, is later Employee transferred to a lower job due to a reduction in staff, inability to perform her work as required, at the unit and covered Employee's request, or any other reason as determined by the provisions Agreement, he shall-be only with such Employer acting within the scope of Article the Employee will receive the corresponding rate of her current job for the job to which she was transferred. Job seniority that he had at for pay purposes shall include seniority on the time he was promoted or job she being transferred out of the bargaining unitfrom.

OF SENIORITY. An employee Seniority rights shall lose his seniority when cease and employment will be terminated for any of the following occursreasons: Leaves voluntarily or Voluntary resignation that is discharged not rescinded pursuant to Article (Resignations); Discharge for just cause. Fails to notify the Company ; Absent without leave for any period in excess of his intention to return to work from a layoff within five (5) consecutive working days after notification, by registered mail at his last known address, or fails to return to work within seven working days unless a satisfactory reason, acceptable to the Company, is given. days; If an employee Employee is laid off in excess of two (2) years; If an Employee who has been laid off does not report for a work within fifteen (15) days of recall as provided in Article (Xxxxxx and Recall); If an Employee retires. Seniority as referred to in Article shall be applied in determining the order of layoff and recall of Employees pursuant to Article (Xxxxxx and Recall). Subject to Articles (Recognized service) and (Vacation Entitlement), seniority shall be effective from the date employment commences with the Police Governing Authority. The Police Governing Authority shall maintain an up to date list showing the date upon which each member‘s service commenced. A copy of the Draft Collective -April March seniority list shall be posted in the general office and sent to the Alliance prior to July in each calendar year.' ARTICLE LAYOFF RECALL A notice of layoff shall be given in accordance with terms of The Canada Labour Code. If the Employee laid off has not had the opportunity to work the period of more than one and years, or a period equal to his seniority, whichever is the lesser. Any period of time worked under a temporary recall, as defined in Section will be added to the original date notice of layoff, as defined shall be paid in Section accordance with The Canada Labour Code, and any amendments thereto. The Police Governing Authority may lay off one or more Employees upon providing not less than forty-five (45) days written notice prior to the effective date of the layoff. The Employee with the least seniority shall be the first to be laid off provided that the next senior Employee retained has the necessary skills, qualifications, abilities, and willingness to perform the work available. The application of seniority in the course of a layoff will be advanced accord, A period limited to the work of time mentioned above will be calculated on the basis of one month affected and for every twenty days worked. If an employee fails to return to work on first regular working day following the purposes of a leave layoff, such application of absenceseniority shall not be a means for promotion of the affected Subject to Article Employee on layoff possessing the necessary skills, unless extenuating circumstancesqualifications, beyond abilities, and willingness to perform the employee’s controlwork available in the judgment of the Senior Management Team, prevent him from returningwhich judgment shall not be unreasonably exercised, shall have a right of recall for positions which become available during the layoff, in reverse order of layoff.. The right of recall shall cease twenty-four (24) months after the date of layoff, and the Employee shall lose all seniority and be deemed terminated at that time. If The Police Governing Authority shall not participate in the cost of an employee a leave of absence for purposes other than Employee's benefits after the month in which the Employee is laid off, provided that for which it was granted. If an employee is absent from work more than three consecutive work days without the Company or to provide a reason satisfactory subject to the Company for his failure conditions and the availability of the Insurance Benefits, the Employee may seek to do soarrange to have benefits continued solely at the Employee's expense until recall, or until the expiry of the period referred to in Article whichever first occurs. ARTICLE Job Posting When new jobs Employees are created within to be recalled by the bargaining unit or vacancies over thirty days occur in Group “A”Ernployer, they shall be posted on notified by Registered Mail, or any other written means the bulletin board for working days. Applicants must apply, writingEmployer may wish to utilize, to the Department Manager. The posting their- last place of new jobs shall be limited residence known to the first job createdEmployer, and a copy the same will be provided to the Alliance. The posting of vacancies in Group “A” shall be limited If they. fail to all jobs created in Group “A” by filling report to work within fifteen 5) calendar days after the delivery or receipt of such Where such jobs are created and such vacancies occurnotice, whichever is greater, the provisions Employer shall not under any obligation to re-employ them. Draft Collective Agreement April March Other than the right of Article shall apply. The name recall, and the benefits provided in this Article, during the period of the successful applicant will be an- nounced forthwith. Where there are no successful applicantslayoff, an employee may be prevented from filling any position. The employer shall make every reasonable effort to notify employees of vacancies. Temporary vacancies Employee on layoff shall not be used entitled to circum- vent any of the job posting procedures. ARTICLE Promotions Promotions or transfers to positions outside the bargaining unit are not governed by the provisions of benefits in this Agreement, but where . An employee who has completed a minimum of five (5)years of continuous service and who ceases to be an employee has been so promoted or sotransferredbecause of lay off, death, retirement, resignation is later transferred entitled to severance pay equal to one week of salary for each year of continuous service to a in maximum of (26) twenty six weeks of pay. An employee who ceased to be an employee due to dismissal for just cause or abandonment shall not be to pay. The calculation of severance pay of an employee shall be based on the unit and covered by regular salary of the provisions Agreement, he shall-be only with such seniority that he had employee at the time he was promoted or transferred out of the bargaining unitdate ceases to be an employee.

OF SENIORITY. An employee’s seniority and employment and all rights as an employee shall lose be and his name removed from all seniority when lists for any of the following occursreasons: Leaves voluntarily When employment is terminated for any reason. When an employee is on layoff status and fails to return or apply for and be granted a leave of absence within five working days after notification to return to work has been sent by registered mail addressed to the last address on record with the Company. If the employee overstays a leave of absence granted by the Company without securing an extension of such leave. If the employee is discharged absent from work for cause. Fails three consecutive days without advising the Company and securing a leave of absence, unless the employee can produce documentary evidence of his inability to notify the Company of his intention to return to absence. If the employee accepts other employment while on leave of absence except if permission is granted by the Company for medical reasons. The Company will advise the Union of whenever such permission is granted. When an employee has not been engaged in work from for the Plant as a result of a layoff within five working days after notification, by registered mail at and his last known address, or fails to return to work within seven working days unless a satisfactory reason, acceptable to the Company, is given. If an employee is laid off for a period of more than one and years, or absence has exceeded a period equal to his seniority, whichever continuous seniority in full calendar months. The maximum of any absence shall be three years regardless of continuous seniority with the Company beyond three years except if the absence is the lesser. Any period result of time worked under a temporary recall, compensable accident or sickness incurred as defined in Section will be added to the original date of layoff, as defined in Section and the effective date an employee of the layoff will be advanced accordCompany. For the purpose of this Agreement, A period of time mentioned above will be calculated on “compensable” shall mean compensable under the basis of one month for every twenty days workedWorkers’ Compensation Act. If In the event that an employee fails to return to work on first regular working day following the of a leave of absence, unless extenuating circumstances, beyond the employee’s control, prevent him from returning. If an employee a leave of absence for purposes other than that for which it was granted. If an employee is has been absent from work more than and is in receipt of Short Term Disability or Long Disability and his absence has exceeded a period equal to his continuous seniority in full calendar months, he will not continue to accrue seniority for that portion of his absence which exceeds a period equal to his continuous seniority. In any event the maximum amount of seniority accrued during his absence will not exceed three consecutive work days without years regardless of his seniority, except if the Company absence is the result of a compensable accident or to provide a reason satisfactory to sickness incurred as an employee of the Company for his failure to do soPlant. ARTICLE Job Posting When new jobs are created within For the bargaining unit purpose of this Agreement, “compensable accident or vacancies over thirty days occur in Group “A”, they shall be posted on the bulletin board for working days. Applicants must apply, writing, to the Department Manager. The posting of new jobs shall be limited to the first job created. The posting of vacancies in Group “Asickness” shall be limited to all jobs created in Group “A” by filling of such Where such jobs are created and such vacancies occur, mean compensable under the provisions of Article shall apply. The name of the successful applicant will be an- nounced forthwith. Where there are no successful applicants, an employee may be prevented from filling any position. The employer shall make every reasonable effort to notify employees of vacancies. Temporary vacancies shall not be used to circum- vent the job posting procedures. ARTICLE Promotions Promotions or transfers to positions outside the bargaining unit are not governed by Workplace Safety Insurance Board Within the provisions of this Agreementclause, but where an employee any persons absent on September will not continue to accrue seniority past September if their accrued seniority during their absence up to September has been so promoted or sotransferred, is later transferred exceeded the three year maximum. Upon return to a active employment the individual’s seniority date will be adjusted to reflect the absence in accordance with the unit and covered by the provisions Agreement, he shall-be only with such seniority that he had at the time he was promoted or transferred out of the bargaining unitabove.

OF SENIORITY. An employee shall lose his all seniority when any of the following occursand her employment shall be deemed to be terminated if she: Leaves voluntarily resigns, retires or is discharged for just cause. Fails ; or is absent from work for more than twenty-four months by reason of illness or other physical disability; or is absent from work without a reasonable excuse for more than three consecutive days for which she is scheduled to work; or is absent from work for more than twelve months by reason of lay-off; or is absent from work for more than twenty-four months by reason of absence while on The Employer will notify the Company employee when his or her benefits will cease. It shall be the responsibility of the employee to keep the Employer informed of his intention to return to work from a layoff within five working days after notification, by registered mail current address at his last known address, or fails to return to work within seven working days unless a satisfactory reason, acceptable to the Company, is givenall times. ARTICLE TRANSFERS If an employee is laid off transferred or reclassified to a higher rated job group, he shall receive the rate immediately above the rate of his prior job in the salary range of the job to which he is transferred. Job seniority for pay purposes shall date from the date the transfer becomes effective. When an employee is assigned temporarily to perform the duties and assume the responsibilities of a period 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 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 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 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 past 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 one and years, or a period equal to his seniority, whichever is the lesser. Any period of time worked under a temporary recall, as defined in Section three employees will be added given beforehand to the original date 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 layoffOntario for their own personal convenience and at their own expense, subject to the following conditions: Employees wishing to transfer must 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 shall include the employee's 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 defined in Section a result of this transfer procedure, will retain seniority that he had previously accrued and the effective date applicable 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, promotions, lay-offs and reductions in staff. In the layoff 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 to seniority and wage rate. Subject to the provisions with respect to permanent transfers, a part-time employee changing his/her status to that of a full-time employee covered by this full-time Agreement, shall retain his/her corporate seniority and his/her classification seniority. Upon entering into a full-time status, he/she shall suffer no loss of basic wage rate or loss of any benefits in which the employee may be enrolled and then will progress in seniority and wage rate increase in the same manner as other full-time employees covered by the full-time Agreement. Subject to the provisions with respect to 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 may be advanced accord, A period of enrolled and will then progress in seniority and wage rate increase in the same manner as other part-time mentioned above will be calculated employees covered by this Agreement. An employee whose status full-time shall receive credit for on the basis of one month for every twenty days workedyear of paid. If an employee fails to return to work on first regular working day following the Any time worked in excess of a leave of absence, unless extenuating circumstances, beyond the employee’s control, prevent him from returning. If an employee a leave of absence for purposes other than that for which it was granted. If an employee is absent from work more than three consecutive work days without the Company or to provide a reason satisfactory to the Company for his failure to do so. ARTICLE Job Posting When new jobs are created within the bargaining unit or vacancies over thirty days occur in Group “A”, they shall be posted on the bulletin board for working days. Applicants must apply, writing, to the Department Manager. The posting of new jobs shall be limited to the first job created. The posting of vacancies in Group “A” shall be limited to all jobs created in Group “A” by filling of such Where such jobs are created and such vacancies occur, the provisions of Article shall apply. The name of the successful applicant will be an- nounced forthwith. Where there are no successful applicants, an employee may be prevented from filling any position. The employer shall make every reasonable effort to notify employees of vacancies. Temporary vacancies shall not be used to circum- vent the job posting procedures. ARTICLE Promotions Promotions or transfers to positions outside the bargaining unit are not governed by the provisions of this Agreement, but where an employee has been so promoted or sotransferred, is later transferred to a in the unit and covered by the provisions Agreement, he shall-be only with such seniority that he had at the time he was promoted or transferred out of the bargaining unit.transfer. is changed from part-time to her full seniority and service seniority for each hours an equivalent shall be prorated