Promotion and Seniority. For the purpose of seniority employees shall be grouped as shown below: - Signal Coordinator - Signal Technicians - Leading Signal Maintainers, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers - Signal Helpers (a) For the purpose of promotion to Leading Signal Maintainer employees shall be grouped as shown below: - Leading Signal Maintainers, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers (b) For the purpose of promotion to Signal Technician employees shall be grouped as shown below: - Signal Technician - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers The following classification line of promotion is on the basis that the senior of the highest rated qualified applicants will be awarded bulletined vacancies. S&C Technician Leading Signal Maintainer Signal Coordinator Signal Maintainer S&C Assistant Signal Maintainer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S&C Helper * 9.2 A complete seniority list of all employees covered by this Agreement will be posted at each work location and shall be open for inspection of all employees. A copy of this list shall be updated semi-annually as at 30 June and 31 December in each year and that the amended seniority list for each seniority unit will be delivered to the General Chairman and/or Designate within 15 days. A seniority date not protested in writing to the Director- Operations with a copy to the General Chairman within 60 days from its first posting on the list, will be considered permanently established, except that an employee who is laid- off or on leave of absence at the first time the seniority list is posted will have 60 days from date of return in service. Typographical errors on subsequent rosters may be corrected at any time. 9.3 A new employee shall not be regarded as Permanently employed until he has accumulated one hundred and twenty-five (125) working days’ service under this Agreement in the preceding twelve (12) months, and, if retained shall be accorded seniority as helper from the date first employed in a position covered by this Agreement. 9.4 Employees who have not accumulated one hundred and twenty-five (125) working days’ service will be laid off in reverse order of their employment and recalled to service in the order of their original employment when their services have been satisfactory. Such employees shall be allowed to file applications for advertised positions. 9.5 When two or more individuals are employed on the same date in the same seniority group, the individual with prior railway service will rank senior to new employees, otherwise their seniority standing shall be determined by the hour they start work. All things being equal they shall be placed on the seniority list in alphabetical order of their surnames. 9.6 Promotions shall be based on ability, merit and seniority; ability and merit being sufficient, seniority shall prevail; the Management to be the judge, subject to appeal as a grievance under Article 10 when the senior applicant is not awarded the position. 9.7 Employees will be promoted in the respective groups specified in Clause 9.1. Permanent new positions or vacancies and temporary positions or vacancies which it is known will exist for sixty (60) calendar days or more, will be bulletined for a period of seven (7) calendar days. Bulletins will be posted at the headquarters of the employees concerned. Applications must reach the office of the issuing officer not later than seven (7) calendar days from the date of bulletin. 9.8 A new position or vacancy expected to be in existence in excess of sixty (60) days but not more than one (1) year will be bulletined as temporary. When it is known that a position which has been bulletined as temporary will exceed one (1) year it will be bulletined as permanent, except when such position or vacancy is due to the physical disability of the regular incumbent. If a temporary vacancy exists due to the physical disability of the permanent incumbent for a period of one year, the General Chairman and/or Designate and the proper officer of the Company will meet to discuss the proper course of action that should be taken in each case. (a) Bulletins on maintenance will show headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary the anticipated duration. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the General Chairman and/or Designate. (b) Bulletins on S&C construction crews will show crew number and general duties, headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary the anticipated duration. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the General Chairman and/or Designate. 9.10 An employee may cancel his application, provided cancellation reaches the issuing officer on or before the closing date of the bulletin. An employee may bid on a vacancy created by himself but will not be appointed to such vacancy unless there are no other applicants, or until it again becomes vacant. New positions or vacancies may be filled temporarily pending appointments. 9.11 Employees appointed by bulletin to permanent positions in a seniority group will be accorded a seniority date in such group, and in all lower rated groups in which they have not previously established seniority, from the date of appointment by a bulletin. An employee appointed to a permanent vacancy or new position by bid in a lower rated seniority group will forfeit his seniority in all higher rated groups. 9.12 Notwithstanding anything contrary in this Agreement, effective January 1, 2006 and every two (2) years thereafter, employees will have a choice of permanent positions in the same classification and in order of their seniority. Such choice of positions is to be effective at the start of the first pay period following the selection of positions. Such exercise of seniority will not result in overtime payments. 9.13 Not less than four (4) working days’ advance notice will be given when regular assigned positions are to be abolished, except in the event of a strike or a work stoppage by employees in the railway industry, in which case a shorter notice may be given. 9.14 Employees reduced to a lower seniority group through staff reduction shall continue to accumulate seniority in the group or groups from which reduced. Such employees must return in order of seniority to advertised permanent positions in such higher group or groups or forfeit seniority in such higher group or groups. Such employees will be given preference in order of seniority in filling temporary positions or temporary vacancies in such higher seniority group or groups, but failure to accept same will not result in forfeiture of seniority. 9.15 Employees laid off on account of reduction in forces shall be returned to the service in order of seniority. Employees desiring to avail themselves of this rule must file their names and addresses with the proper officer. Employees who have performed no service under this agreement during the preceding calendar year, may be removed from the seniority list by agreement between the General Chairman and/or Designate and the proper officer. Employees failing to report for duty within fourteen (14) days from date of notification by registered mail shall be considered as having declined recall. Unless such employees supply satisfactory reason for not accepting recall within thirty (30) days from date of notification, their names shall be dropped from the seniority list. If such satisfactory reason is supplied within the thirty (30) days, the employee will be eligible to take the next vacancy but will not have the right to displace the employee who accepted recall. 9.16 A laid-off employee who is employed elsewhere at the time he is notified to report for duty may, without loss of seniority, elect to decline recall to vacancies or positions of less than sixty (60) days, provided that another laid-off employee in the same classification is available and written application is made to the recalling officer as quickly as possible but in any event within three (3) days of receipt of notification to resume duty. 9.17 An employee will be permitted to fill a temporary vacancy or a temporary position in his own or a higher group and when released, will return to his regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights, in which event the returning employee will exercise his displacement rights. However, if such employee is released from a bulletined temporary vacancy or temporary position, he may displace a junior employee on another bulletined temporary vacancy or temporary position before returning to his regular position. When such employee is the successful applicant for a bulletined permanent position, he may take the permanent position or complete the temporary assignment. 9.18 Employees now filling or promoted to an official or excepted position with the Company and employees elected as Representatives of the employees covered by this Agreement (who shall be considered as on leave of absence), will be continued on the seniority list for the group or groups in which they had previously established seniority, and will continue to accumulate seniority while so employed. An employee who is promoted on or after January 1, 1979 to a permanent non-schedule, official, or excepted position with the Company, or its subsidiaries, shall continue to accumulate seniority on the seniority list from which promoted for a period of eighteen (18) months. Following that period in such capacity, such employee(s) shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of their promotion. (If an employee is promoted to and is working a temporary position which becomes permanent, the date of promotion shall be the date originally promoted to the temporary position). An employee, after having been released from an official or excepted position, must exercise their seniority in accordance with (a) or (b) below. Failure to exercise their seniority within thirty (30) days of their release shall result in forfeiture of seniority. (a) An employee who has accepted an official or excepted position may voluntarily revert to the ranks within the first eighteen (18) months of holding such position by displacing the junior employee in the highest classification to which his seniority and qualifications entitle him to work. (b) An employee who is released from an official or excepted position because of staff reduction or demotion must either bid on a vacant position for which there is no successful applicant from the bargaining unit or displace a junior employee in the highest classification to which his seniority and qualifications entitle him to work. (c) An employee required to fill an official or excepted position on a temporary basis for a period not exceeding one year, when released, will return to their regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights in which event the returning employee will also exercise their displacement rights. The appropriate General Chairman and appropriate Local Representative shall be advised when employees are promoted to temporary official or excepted position and the expected duration thereof. In the case that employees are promoted to a temporary official or excepted position and later to a permanent position, the General Chairman will also be advised of such change. Employees newly promoted to a permanent official or excepted position must within sixty (60) days from date of promotion elect to pay sustaining dues or failing to do same will result in being permanently removed from the seniority list, this payment to be retroactive to the date of ratification. In all cases, notification must be given to the appropriate General Chairman in writing. 9.19 An employee returning to work following personal illness, injury, vacation, or leave of absence for other than education purposes shall return to his former position unless such position has been bulletined as permanent in accordance with Clause 9.8, or it has been filled by a senior employee in the exercise of seniority rights, in which event he will be required to exercise his displacement rights in the highest group in which he holds seniority and is qualified to work. Such employee will also have the right to apply for and secure any position which has been bulletined and filled during his absence, if qualified and entitled to it. Such application must be filed with the proper authority within seven days of the employees return. The employee thereby displaced shall return to his former position. In cases of an employee returning from leave of absence of more than one year, for other than educational purposes such employee will only be permitted to displace the junior employee in the highest classification to which his seniority and qualifications entitle him to work or apply for vacant positions unless other arrangements are mutually agreed to between the General Chairman and/or Designate and the appropriate officer of the Company before leave of absence is granted. 9.20 Except as otherwise provided in Clause 9.17, an employee who has been awarded a position by bulletin, will be transferred to such a position, where practicable, within thirty (30) days of the award, time of such transfer not to exceed forty-five (45) days. In the event the Company is unable to release an employee within thirty (30) days from the date of the award, such employee shall, if the rate of the position awarded him is higher than the rate of his present position, be paid the higher rate after the expiration of the thirty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Promotion and Seniority. For the purpose of seniority employees shall be grouped as shown below: - Signal Coordinator - Signal Technicians - Leading Signal Maintainers, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers - Signal Helpers
(a) For the purpose of promotion to Leading Signal Maintainer employees shall be grouped as shown below: - Leading Signal Maintainers, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers
(b) For the purpose of promotion to Signal Technician employees shall be grouped as shown below: - Signal Technician - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers The following classification line of promotion is on the basis that the senior of the highest rated qualified applicants will be awarded bulletined vacancies. S&C Technician Leading Signal Maintainer Signal Coordinator Signal Maintainer S&C Assistant Signal Maintainer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S&C Helper *Maintainer
9.2 A complete seniority list of all employees covered by this Agreement will be posted at each work location and shall be open for inspection of all employees. A copy of this list shall be updated semi-annually as at 30 June and 31 December in each year and that the amended seniority list for each seniority unit will be delivered to the System General Chairman and/or Designate within 15 days. A seniority date not protested in writing to the Director- Director-Operations with a copy to the System General Chairman within 60 days from its first posting on the list, will be considered permanently established, except that an employee who is laid- laid-off or on leave of absence at the first time the seniority list is posted will have 60 days from date of return in service. Typographical errors on subsequent rosters may be corrected at any time.
9.3 A new employee shall not be regarded as Permanently employed until he has accumulated one hundred and twenty-five (125) working days’ service under this Agreement in the preceding twelve (12) months, and, if retained shall be accorded seniority as helper from the date first employed in a position covered by this Agreement.
9.4 Employees who have not accumulated one hundred and twenty-five (125) working days’ service will be laid off in reverse order of their employment and recalled to service in the order of their original employment when their services have been satisfactory. Such employees shall be allowed to file applications for advertised positions.
9.5 When two or more individuals are employed on the same date in the same seniority group, the individual with prior railway service will rank senior to new employees, otherwise their seniority standing shall be determined by the hour they start work. All things being equal they shall be placed on the seniority list in alphabetical order of their surnames.
9.6 Promotions shall be based on ability, merit and seniority; ability and merit being sufficient, seniority shall prevail; the Management to be the judge, subject to appeal as a grievance under Article 10 when the senior applicant is not awarded the position.
9.7 Employees will be promoted in the respective groups specified in Clause 9.1. Permanent new positions or vacancies and temporary positions or vacancies which it is known will exist for sixty (60) calendar days or more, will be bulletined for a period of seven (7) calendar days. Bulletins will be posted at the headquarters of the employees concerned. Applications must reach the office of the issuing officer not later than seven (7) calendar days from the date of bulletin.
9.8 A new position or vacancy expected to be in existence in excess of sixty (60) days but not more than one (1) year will be bulletined as temporary. When it is known that a position which has been bulletined as temporary will exceed one (1) year it will be bulletined as permanent, except when such position or vacancy is due to the physical disability of the regular incumbent. If a temporary vacancy exists due to the physical disability of the permanent incumbent for a period of one year, the System General Chairman and/or Designate and the proper officer of the Company will meet to discuss the proper course of action that should be taken in each case.
(a) 9.9 Bulletins on maintenance will show headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary the anticipated duration. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the General Chairman and/or Designate.
(b) Bulletins on S&C construction crews will show crew number and general duties, headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary the anticipated duration. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the System General Chairman and/or Designate.
9.10 An employee may cancel his application, provided cancellation reaches the issuing officer on or before the closing date of the bulletin. An employee may bid on a vacancy created by himself but will not be appointed to such vacancy unless there are no other applicants, or until it again becomes vacant. New positions or vacancies may be filled temporarily pending appointments.
9.11 Employees appointed by bulletin to permanent positions in a seniority group will be accorded a seniority date in such group, and in all lower rated groups in which they have not previously established seniority, from the date of appointment by a bulletin. An employee appointed to a permanent vacancy or new position by bid in a lower rated seniority group will forfeit his seniority in all higher rated groups.
9.12 Notwithstanding anything contrary in this Agreement, effective January 1, 2006 and every two (2) years thereafter, employees will have a choice of permanent positions in the same classification and in order of their seniority. Such choice of positions is to be effective at the start of the first pay period following the selection of positions. Such exercise of seniority will not result in overtime payments.
9.13 Not less than four (4) working days’ advance notice will be given when regular assigned positions are to be abolished, except in the event of a strike or a work stoppage by employees in the railway industry, in which case a shorter notice may be given.
9.14 Employees reduced to a lower seniority group through staff reduction shall continue to accumulate seniority in the group or groups from which reduced. Such employees must return in order of seniority to advertised permanent positions in such higher group or groups or forfeit seniority in such higher group or groups. Such employees will be given preference in order of seniority in filling temporary positions or temporary vacancies in such higher seniority group or groups, but failure to accept same will not result in forfeiture of seniority.
9.15 Employees laid off on account of reduction in forces shall be returned to the service in order of seniority. Employees desiring to avail themselves of this rule must file their names and addresses with the proper officer. Employees who have performed no service under this agreement during the preceding calendar year, may be removed from the seniority list by agreement between the General Chairman and/or Designate and the proper officer. Employees failing to report for duty within fourteen (14) days from date of notification by registered mail shall be considered as having declined recall. Unless such employees supply satisfactory reason for not accepting recall within thirty (30) days from date of notification, their names shall be dropped from the seniority list. If such satisfactory reason is supplied within the thirty (30) days, the employee will be eligible to take the next vacancy but will not have the right to displace the employee who accepted recall.
9.16 A laid-off employee who is employed elsewhere at the time he is notified to report for duty may, without loss of seniority, elect to decline recall to vacancies or positions of less than sixty (60) days, provided that another laid-off employee in the same classification is available and written application is made to the recalling officer as quickly as possible but in any event within three (3) days of receipt of notification to resume duty.
9.17 An employee will be permitted to fill a temporary vacancy or a temporary position in his own or a higher group and when released, will return to his regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights, in which event the returning employee will exercise his displacement rights. However, if such employee is released from a bulletined temporary vacancy or temporary position, he may displace a junior employee on another bulletined temporary vacancy or temporary position before returning to his regular position. When such employee is the successful applicant for a bulletined permanent position, he may take the permanent position or complete the temporary assignment.
9.18 Employees now filling or promoted to an official or excepted position with the Company and employees elected as Representatives of the employees covered by this Agreement (who shall be considered as on leave of absence), will be continued on the seniority list for the group or groups in which they had previously established seniority, and will continue to accumulate seniority while so employed. An employee who is promoted on or after January 1, 1979 to a permanent non-schedule, official, or excepted position with the Company, or its subsidiaries, shall continue to accumulate seniority on the seniority list from which promoted for a period of eighteen (18) months. Following that period in such capacity, such employee(s) shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of their promotion. (If an employee is promoted to and is working a temporary position which becomes permanent, the date of promotion shall be the date originally promoted to the temporary position). An employee, after having been released from an official or excepted position, must exercise their seniority in accordance with (a) or (b) below. Failure to exercise their seniority within thirty (30) days of their release shall result in forfeiture of seniority.
(a) An employee who has accepted an official or excepted position may voluntarily revert to the ranks within the first eighteen (18) months of holding such position by displacing the junior employee in the highest classification to which his seniority and qualifications entitle him to work.
(b) An employee who is released from an official or excepted position because of staff reduction or demotion must either bid on a vacant position for which there is no successful applicant from the bargaining unit or displace a junior employee in the highest classification to which his seniority and qualifications entitle him to work.
(c) An employee required to fill an official or excepted position on a temporary basis for a period not exceeding one year, when released, will return to their regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights in which event the returning employee will also exercise their displacement rights. The appropriate General Chairman and appropriate Local Representative shall be advised when employees are promoted to temporary official or excepted position and the expected duration thereof. In the case that employees are promoted to a temporary official or excepted position and later to a permanent position, the General Chairman will also be advised of such change. Employees newly promoted to a permanent official or excepted position must within sixty (60) days from date of promotion elect to pay sustaining dues or failing to do same will result in being permanently removed from the seniority list, this payment to be retroactive to the date of ratification. In all cases, notification must be given to the appropriate General Chairman in writing.
9.19 An employee returning to work following personal illness, injury, vacation, or leave of absence for other than education purposes shall return to his former position unless such position has been bulletined as permanent in accordance with Clause 9.8, or it has been filled by a senior employee in the exercise of seniority rights, in which event he will be required to exercise his displacement rights in the highest group in which he holds seniority and is qualified to work. Such employee will also have the right to apply for and secure any position which has been bulletined and filled during his absence, if qualified and entitled to it. Such application must be filed with the proper authority within seven days of the employees return. The employee thereby displaced shall return to his former position. In cases of an employee returning from leave of absence of more than one year, for other than educational purposes such employee will only be permitted to displace the junior employee in the highest classification to which his seniority and qualifications entitle him to work or apply for vacant positions unless other arrangements are mutually agreed to between the General Chairman and/or Designate and the appropriate officer of the Company before leave of absence is granted.
9.20 Except as otherwise provided in Clause 9.17, an employee who has been awarded a position by bulletin, will be transferred to such a position, where practicable, within thirty (30) days of the award, time of such transfer not to exceed forty-five (45) days. In the event the Company is unable to release an employee within thirty (30) days from the date of the award, such employee shall, if the rate of the position awarded him is higher than the rate of his present position, be paid the higher rate after the expiration of the thirtytwo
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Promotion and Seniority. For An employee shall serve a probationary period of working hours. The employee shall not attain seniority until the purpose expiration of the probationary period when his seniority employees shall be grouped as shown below: - Signal Coordinator - Signal Technicians - Leading Signal Maintainerseffective the original date of employment. The employee’s performance will be reviewed after hours of work and the employee will be advised of the results of the review in writing. Under no circumstances will an employee’s probationary period extend beyond six months from his date of hire. If found unsuitable a probationary employee may be dismissed and will have the right to grieve the dismissal only if it is arbitrary, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers - Signal Helpers
(a) For the purpose of promotion to Leading Signal Maintainer employees discriminatory or in bad faith. The seniority list shall be grouped as shown below: - Leading Signal Maintainersprepared covering the employees in the Bargaining Unit. The seniority list shall contain the names and hiring dates of each of the employees, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers
(b) For the purpose of promotion to Signal Technician employees along with their respective work classifications. The seniority list shall be grouped as shown below: - Signal Technician - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers The following classification line of promotion is posted on the basis bulletin board as of January May and September of each year and copies sent to the Regional and Local Union offices, Any errors in the posted list may be corrected by mutual agreement between the Company and the Union. Seniority earned in the employment of the Company shall be the governing factor in matters of promotion, non-disciplinary demotions, transfers, layoffs, recall after a layoff; and in filling vacancies or new positions, provided the employee, as determined by the Company, has the necessary qualifications to perform the work required. An employee whose position is abolished shall be entitled to exercise his rights to any position to which his seniority would entitle him. The employee whom he displaces shall be entitled to exercise his seniority rights to a position held by the junior employee in a contract position. That employee must exercise his seniority rights to the spareboard. Employees exercising their seniority rights to a contract position in accordance with this Article will be subject to a fifteen working day trial period. During this time, the employee, with cause, may request removal the position and the Company with reasonable cause (including justifiable written customer requests), may remove the employee from the position. The employee so removed will be placed on the spareboard in accordance with his seniority and the position be posted in accordance with Article Should the Company consider that the senior of employee has not performed the highest rated qualified applicants will be awarded bulletined vacancieswork to their satisfaction they shall provide the Union with reasons in writing. S&C Technician Leading Signal Maintainer Signal Coordinator Signal Maintainer S&C Assistant Signal Maintainer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S&C Helper *
9.2 A complete seniority list of all employees Vacancies in existing and new contract positions covered by this Agreement will be posted at each work location and shall be open for inspection of all employees. A copy of this list shall be updated semi-annually as at 30 June and 31 December in each year and that the amended seniority list for each seniority unit will be delivered to the General Chairman and/or Designate within 15 days. A seniority date not protested in writing to the Director- Operations with a copy to the General Chairman within 60 days from its first posting on the list, will be considered permanently established, except that an employee who is laid- off or on leave of absence at the first time the seniority list is posted will have 60 days from date of return in service. Typographical errors on subsequent rosters may be corrected at any time.
9.3 A new employee shall not be regarded as Permanently employed until he has accumulated one hundred and twenty-five (125) working days’ service under this Agreement in the preceding twelve (12) months, and, if retained shall be accorded seniority as helper from the date first employed in a position covered by this Agreement.
9.4 Employees who have not accumulated one hundred and twenty-five (125) working days’ service will be laid off in reverse order of their employment and recalled to service in the order of their original employment when their services have been satisfactory. Such employees shall be allowed to file applications for advertised positions.
9.5 When two or more individuals are employed on the same date in the same seniority group, the individual with prior railway service will rank senior to new employees, otherwise their seniority standing shall be determined by the hour they start work. All things being equal they shall be placed on the seniority list in alphabetical order of their surnames.
9.6 Promotions shall be based on ability, merit and seniority; ability and merit being sufficient, seniority shall prevail; the Management to be the judge, subject to appeal as a grievance under Article 10 when the senior applicant is not awarded the position.
9.7 Employees will be promoted in the respective groups specified in Clause 9.1. Permanent new positions or vacancies and temporary positions or vacancies which it is known will exist for sixty (60) calendar days or more, will be bulletined for a period of seven (7) calendar twenty days. Bulletins The posting will include a brief description duties position, the approximate hours and days and the method of pay which will be consistent with Schedule A. Employees desiring to transfer to such positions shall file their application with the Company representative designated in the bulletin within the said twenty days, and the results of the bulletin shall be posted within five working days of the closing date for applications. Such vacancies and awards will be posted on a Union Bulletin Board in the Dispatch Office. Copies of all bulletins and awards shall be sent to the Local Chairperson. The successful employee must demonstrate his ability to perform the work in a satisfactory manner within a trial period of fifteen working days, During this time period, with reasonable cause the employee, at his request, may return, or at the headquarters insistence of the employees concerned. Applications must reach the office of the issuing officer not later than seven Company with reasonable cause (7including justifiable written customer requests) calendar days from the date of bulletin.
9.8 A new will be returned to his previous contract position or vacancy expected to be in existence in excess of sixty (60) days but not more than one (1) year will be bulletined as temporary. When it is known that a position which has been bulletined as temporary will exceed one (1) year it will be bulletined as permanent, except when such position or vacancy is due to the physical disability of spareboard if he was not in a contract position. In either case, the regular incumbentemployee will not . If be permitted to apply for a temporary vacancy exists due to the physical disability of the permanent incumbent posting with that customer for a period of one year, the General Chairman and/or Designate and the proper officer of . Should the Company will meet consider that the employee has not performed the work to discuss their satisfaction they shall provide the proper course of action that should be taken Union with reasons in each case.
(a) Bulletins on maintenance will show headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary writing. In the anticipated duration. Appointments event an employee is removed a position within the fifteen day trial period the position will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished awarded to the General Chairman and/or Designate.
(b) Bulletins on S&C construction crews will show crew number and general duties, headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary next senior employee who applied for the anticipated durationposting. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the General Chairman and/or Designate.
9.10 An employee may cancel his application, provided cancellation reaches the issuing officer on or before the closing date of the bulletin. An employee may bid on a vacancy created by himself but will not be appointed to such vacancy unless If there are no other applicants, or until it again becomes vacant. New positions or vacancies may be filled temporarily pending appointments.
9.11 Employees appointed by bulletin to permanent positions in a seniority group applicants the position will be accorded in accordance with Article a), The Company shall have the right to fill any vacant position for up to thirty days the spareboard according to the spareboard rules attached in Appendix If an employee is removed a seniority date position for disciplinary reasons, he shall be placed on the spareboard in such groupaccordance with his seniority. He will be entitled to grieve the discipline in accordance with Article 5 of the Collective Agreement. The Company or person employed desiring to terminate the employment shall give to the person employed or the Company as the case may be, and in all lower rated groups in which they have not previously established seniority, from notice of the date on which employment is to terminate. The period between the date on which notice to terminate and date of appointment termination shall not be shorter than the pay period in respect of which one regular instalment of wages is paid to the employee. Seniority shall accumulate during such periods as the employee is employed by the Company, including employees who are on a bulletinbona fide leave of absence or Workers’ Compensation. In the instances of staff reduction, fourteen calendar days notice in writing will be given to an employee whose position is abolished. The Local Chairperson will be supplied with a copy of such written notice. An employee appointed to a permanent vacancy or new position by bid in a lower rated seniority group will forfeit shall lose all his seniority in all higher rated groups.
9.12 Notwithstanding anything contrary in this Agreementseniority, effective January 1, 2006 and every two (2) years thereafter, employees will have a choice of permanent positions in the same classification and in order of their seniority. Such choice of positions is to be effective at the start of the first pay period following the selection of positions. Such exercise of seniority will not result in overtime payments.
9.13 Not less than four (4) working days’ advance notice will be given when regular assigned positions are to be abolished, except in the event of a strike or a work stoppage by employees in the railway industry, in which case a shorter notice may be given.
9.14 Employees reduced to a lower seniority group through staff reduction shall continue to accumulate seniority in the group or groups from which reduced. Such employees must return in order of seniority to advertised permanent positions in such higher group or groups or forfeit seniority in such higher group or groups. Such employees will be given preference in order of seniority in filling temporary positions or temporary vacancies in such higher seniority group or groups, but failure to accept same will not result in forfeiture of seniority.
9.15 Employees laid off on account of reduction in forces shall be returned to the service in order of seniority. Employees desiring to avail themselves of this rule must file their names and addresses with the proper officer. Employees who have performed no service under this agreement during the preceding calendar year, may be removed from the seniority list by agreement between and cease to be an employee for the General Chairman and/or Designate following reasons: If the employee quits. If the employee is discharged and not reinstated through the proper officergrievance or arbitration procedure. Employees failing If the employee retires. If the employee is placed on layoff and not recalled within one year. If the employee fails to report for duty return to work within fourteen (14) two days from date of notification a recall notice sent by registered mail shall be considered as having declined recall. Unless such employees supply or courier, or if the employee fails to return to work at the expiration of an leave of absence without providing a satisfactory reason for not accepting recall within thirty (30) days from date of notification, their names shall be dropped from explanation to the seniority listCompany. If such satisfactory reason is supplied within the thirty (30) daysemployee accepts a position outside the bargaining unit for a period of three months. When an employee receives an upgrade in classification straight truck to tractor, the . employee will be subject to a training period of three months. During the training period, the employee will receive regular updates on his progress and will be eligible to take the next vacancy but will not have the right to displace the employee who accepted recall.
9.16 A laid-off employee who is employed elsewhere at the time he is notified to report for duty may, without loss of seniority, elect to decline recall to vacancies or positions of paid forty cents per hour less than sixty (60) days, provided that another laid-off employee in the same classification is available and written application is made to the recalling officer as quickly as possible but in any event within three (3) days of receipt of notification to resume dutyregular rate.
9.17 An employee will be permitted to fill a temporary vacancy or a temporary position in his own or a higher group and when released, will return to his regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights, in which event the returning employee will exercise his displacement rights. However, if such employee is released from a bulletined temporary vacancy or temporary position, he may displace a junior employee on another bulletined temporary vacancy or temporary position before returning to his regular position. When such employee is the successful applicant for a bulletined permanent position, he may take the permanent position or complete the temporary assignment.
9.18 Employees now filling or promoted to an official or excepted position with the Company and employees elected as Representatives of the employees covered by this Agreement (who shall be considered as on leave of absence), will be continued on the seniority list for the group or groups in which they had previously established seniority, and will continue to accumulate seniority while so employed. An employee who is promoted on or after January 1, 1979 to a permanent non-schedule, official, or excepted position with the Company, or its subsidiaries, shall continue to accumulate seniority on the seniority list from which promoted for a period of eighteen (18) months. Following that period in such capacity, such employee(s) shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of their promotion. (If an employee is promoted to and is working a temporary position which becomes permanent, the date of promotion shall be the date originally promoted to the temporary position). An employee, after having been released from an official or excepted position, must exercise their seniority in accordance with (a) or (b) below. Failure to exercise their seniority within thirty (30) days of their release shall result in forfeiture of seniority.
(a) An employee who has accepted an official or excepted position may voluntarily revert to the ranks within the first eighteen (18) months of holding such position by displacing the junior employee in the highest classification to which his seniority and qualifications entitle him to work.
(b) An employee who is released from an official or excepted position because of staff reduction or demotion must either bid on a vacant position for which there is no successful applicant from the bargaining unit or displace a junior employee in the highest classification to which his seniority and qualifications entitle him to work.
(c) An employee required to fill an official or excepted position on a temporary basis for a period not exceeding one year, when released, will return to their regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights in which event the returning employee will also exercise their displacement rights. The appropriate General Chairman and appropriate Local Representative shall be advised when employees are promoted to temporary official or excepted position and the expected duration thereof. In the case that employees are promoted to a temporary official or excepted position and later to a permanent position, the General Chairman will also be advised of such change. Employees newly promoted to a permanent official or excepted position must within sixty (60) days from date of promotion elect to pay sustaining dues or failing to do same will result in being permanently removed from the seniority list, this payment to be retroactive to the date of ratification. In all cases, notification must be given to the appropriate General Chairman in writing.
9.19 An employee returning to work following personal illness, injury, vacation, or leave of absence for other than education purposes shall return to his former position unless such position has been bulletined as permanent in accordance with Clause 9.8, or it has been filled by a senior employee in the exercise of seniority rights, in which event he will be required to exercise his displacement rights in the highest group in which he holds seniority and is qualified to work. Such employee will also have the right to apply for and secure any position which has been bulletined and filled during his absence, if qualified and entitled to it. Such application must be filed with the proper authority within seven days of the employees return. The employee thereby displaced shall return to his former position. In cases of an employee returning from leave of absence of more than one year, for other than educational purposes such employee will only be permitted to displace the junior employee in the highest classification to which his seniority and qualifications entitle him to work or apply for vacant positions unless other arrangements are mutually agreed to between the General Chairman and/or Designate and the appropriate officer of the Company before leave of absence is granted.
9.20 Except as otherwise provided in Clause 9.17, an employee who has been awarded a position by bulletin, will be transferred to such a position, where practicable, within thirty (30) days of the award, time of such transfer not to exceed forty-five (45) days. In the event the Company is unable to release an employee within thirty (30) days from the date of the award, such employee shall, if the rate of the position awarded him is higher than the rate of his present position, be paid the higher rate after the expiration of the thirty
Appears in 1 contract
Samples: Collective Agreement
Promotion and Seniority. For the purpose of seniority employees shall be grouped as shown below: - Signal Coordinator - Signal Technicians - Leading Signal Maintainers, Leading Signal Mechanics, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers - Signal Helpers
(a) For the purpose of promotion to Leading Signal Maintainer employees All promotions shall be grouped as shown below: - Leading Signal Maintainersgoverned by ability, Leading Signal Mechanicsfitness and efficiency, Signal Test men - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainersprovided that where these are equal, seniority of service shall govern.
(b) For the purpose of promotion to Signal Technician employees All members holding a similar rank shall be grouped ranked for purposes of seniority according to the number of years they have continuously served as shown below: - Signal Technician - Signal Maintainers and Signal Mechanics - Assistant Signal Maintainers The following classification line of promotion is on the basis that the senior members of the highest rated qualified applicants will be awarded bulletined vacancies. S&C Technician Leading Signal Maintainer Signal Coordinator Signal Maintainer S&C Assistant Signal Maintainer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S&C Helper *Police Service in that rank.
9.2 A complete seniority list of all employees covered by this Agreement will (c) When a permanent job position becomes vacant,
(1) The position shall be posted at each work location and shall be open internally for inspection of all employees. A copy of this list shall be updated semi-annually as at 30 June and 31 December in each year and that the amended seniority list for each seniority unit will be delivered to the General Chairman and/or Designate within 15 days. A seniority date not protested in writing to the Director- Operations with a copy to the General Chairman within 60 days from its first posting on the list, will be considered permanently established, except that an employee who is laid- off or on leave of absence at the first time the seniority list is posted will have 60 days from date of return in service. Typographical errors on subsequent rosters may be corrected at any time.
9.3 A new employee shall not be regarded as Permanently employed until he has accumulated one hundred and twenty-five (125) working days’ service under this Agreement in the preceding twelve (12) months, and, if retained shall be accorded seniority as helper from the date first employed in a position covered by this Agreement.
9.4 Employees who have not accumulated one hundred and twenty-five (125) working days’ service will be laid off in reverse order of their employment and recalled to service in the order of their original employment when their services have been satisfactory. Such employees shall be allowed to file applications for advertised positions.
9.5 When two or more individuals are employed on the same date in the same seniority group, the individual with prior railway service will rank senior to new employees, otherwise their seniority standing shall be determined by the hour they start work. All things being equal they shall be placed on the seniority list in alphabetical order of their surnames.
9.6 Promotions shall be based on ability, merit and seniority; ability and merit being sufficient, seniority shall prevail; the Management to be the judge, subject to appeal as a grievance under Article 10 when the senior applicant is not awarded the position.
9.7 Employees will be promoted in the respective groups specified in Clause 9.1. Permanent new positions or vacancies and temporary positions or vacancies which it is known will exist for sixty (60) calendar days or more, will be bulletined for a period of seven (7) calendar days. Bulletins will be posted at the headquarters of the employees concerned. Applications must reach the office of the issuing officer not later than seven (7) calendar days from the date of bulletin.
9.8 A new position or vacancy expected to be in existence in excess of sixty (60) days but not more than one (1) year will be bulletined as temporary. When before it is known that a position which has been bulletined as temporary will exceed one (1) year it will be bulletined as permanentfilled, except when such position or vacancy is due to the physical disability of the regular incumbent. If a temporary vacancy exists due to the physical disability of the permanent incumbent for a period of one year, the General Chairman and/or Designate and the proper officer of the Company will meet to discuss the proper course of action that should be taken in each case.excepting,
(a) Bulletins on maintenance will show headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary the anticipated duration. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the General Chairman and/or Designate.
(b) Bulletins on S&C construction crews will show crew number and general duties, headquarters, classification, hours of duty, qualifications required whether positions are temporary or permanent, and if temporary the anticipated duration. Appointments will be made by the officer issuing the bulletin before the expiration of twenty-eight (28) calendar days from the date of bulletin. Copies of bulletins will be furnished to the General Chairman and/or Designate.
9.10 An employee may cancel his application, provided cancellation reaches the issuing officer on or before the closing date of the bulletin. An employee may bid on a vacancy created by himself but will not be appointed to such vacancy unless there are no other applicants, or until it again becomes vacant. New positions or vacancies may be filled temporarily pending appointments.
9.11 Employees appointed by bulletin to permanent positions in a seniority group will be accorded a seniority date in such group, and in all lower rated groups in which they have not previously established seniority, from the date of appointment by a bulletin. An employee appointed to a permanent vacancy or new position by bid in a lower rated seniority group will forfeit his seniority in all higher rated groups.
9.12 Notwithstanding anything contrary in this Agreement, effective January 1, 2006 and every two (2) years thereafter, employees will have a choice of permanent positions in the same classification and in order of their seniority. Such choice of positions is to It may be effective at the start of the first pay period following the selection of positions. Such exercise of seniority will not result in overtime payments.
9.13 Not less than four (4) working days’ advance notice will be given when regular assigned positions are to be abolished, except temporarily filled in the event of a strike or a work stoppage by employees in unexpected vacancy, while the railway industry, in which case a shorter notice may be given.Chief is proceeding with clause (1)
9.14 Employees reduced to a lower seniority group through staff reduction shall continue to accumulate seniority in the group or groups from which reduced. Such employees must return in order of seniority to advertised permanent positions in such higher group or groups or forfeit seniority in such higher group or groups. Such employees will be given preference in order of seniority in filling temporary positions or temporary vacancies in such higher seniority group or groups, but failure to accept same will not result in forfeiture of seniority.
9.15 Employees laid off on account of reduction in forces shall be returned to the service in order of seniority. Employees desiring to avail themselves of this rule must file their names and addresses with the proper officer. Employees who have performed no service under this agreement during the preceding calendar year, may be removed from the seniority list by agreement between the General Chairman and/or Designate and the proper officer. Employees failing to report for duty within fourteen (14) days from date of notification by registered mail shall be considered as having declined recall. Unless such employees supply satisfactory reason for not accepting recall within thirty (30) days from date of notification, their names shall be dropped from the seniority list. If such satisfactory reason is supplied within the thirty (30) days, the employee will be eligible to take the next vacancy but will not have the right to displace the employee who accepted recall.
9.16 A laid-off employee who is employed elsewhere at the time he is notified to report for duty may, without loss of seniority, elect to decline recall to vacancies or positions of less than sixty (60) days, provided that another laid-off employee in the same classification is available and written application is made to the recalling officer as quickly as possible but in any event within three (3) days of receipt of notification to resume duty.
9.17 An employee will be permitted to fill When a temporary vacancy new job position is created or when a temporary job position in his own or a higher group and when released, will return to his regular position unless it has been abolished or which is being filled by a senior temporary employee in the exercise of displacement rights, in which event the returning employee will exercise his displacement rights. However, if such employee is released from a bulletined temporary vacancy or temporary position, he may displace a junior employee on another bulletined temporary vacancy or temporary position before returning to his regular position. When such employee is the successful applicant for a bulletined permanent position, he may take the permanent position or complete the temporary assignment.
9.18 Employees now filling or promoted to an official or excepted position with the Company and employees elected becomes open as Representatives of the employees covered by this Agreement (who shall be considered as on leave of absence), will be continued on the seniority list for the group or groups in which they had previously established seniority, and will continue to accumulate seniority while so employed. An employee who is promoted on or after January 1, 1979 to a permanent non-schedule, official, or excepted position with the Company, or its subsidiaries, shall continue to accumulate seniority on the seniority list from which promoted for a period of eighteen (18) months. Following that period in such capacity, such employee(s) shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of their promotion. (If an employee is promoted to and is working a temporary position which becomes permanent, the date of promotion shall be the date originally promoted to the temporary position). An employee, after having been released from an official or excepted position, must exercise their seniority in accordance with (a) or (b) below. Failure to exercise their seniority within thirty (30) days of their release shall result in forfeiture of seniority.
(a) An employee who has accepted an official or excepted position may voluntarily revert to the ranks within the first eighteen (18) months of holding such position by displacing the junior employee in the highest classification to which his seniority and qualifications entitle him to work.
(b) An employee who is released from an official or excepted position because of staff reduction or demotion must either bid on a vacant position for which there is no successful applicant from the bargaining unit or displace a junior employee in the highest classification to which his seniority and qualifications entitle him to work.
(c) An employee required to fill an official or excepted position on a temporary basis for a period not exceeding one year, when released, will return to their regular position unless it has been abolished or filled by a senior employee in the exercise of displacement rights in which event the returning employee will also exercise their displacement rights. The appropriate General Chairman and appropriate Local Representative shall be advised when employees are promoted to temporary official or excepted position and the expected duration thereof. In the case that employees are promoted to a temporary official or excepted position and later to a permanent position, such position shall be posted internally seven (7) calendar days before it is filled.
(4) Civilian Members applying for a posted position, provided they are qualified, shall be given first consideration and the General Chairman rate of pay will also be advised of such change. Employees newly promoted to a permanent official or excepted position must within sixty include any accumulated time spent in that job.
(605) days from date of promotion elect to pay sustaining dues or failing to do same will result in being permanently removed Only the original vacancy and the vacancy resulting from the seniority list, this payment to filling of that vacancy need be retroactive to the date of ratification. In all cases, notification must be given to the appropriate General Chairman in writingposted.
9.19 An employee returning to work following personal illness, injury, vacation, or leave of absence for other than education purposes shall return to his former position unless such position has been bulletined as permanent in accordance with Clause 9.8, or it has been filled by (6) Where a senior employee in the exercise of seniority rights, in which event he will be required to exercise his displacement rights in the highest group in which he holds seniority vacancy is posted and is qualified to work. Such employee will also have the right to apply for and secure any position which has been bulletined and not filled during his absence, if qualified and entitled to it. Such application must be filed with the proper authority within seven days of the employees return. The employee thereby displaced shall return to his former position. In cases of an employee returning from leave of absence of more than one year, for other than educational purposes such employee will only be permitted to displace the junior employee in the highest classification to which his seniority and qualifications entitle him to work or apply for vacant positions unless other arrangements are mutually agreed to between the General Chairman and/or Designate and the appropriate officer of the Company before leave of absence is granted.
9.20 Except as otherwise provided in Clause 9.17, an employee who has been awarded a position by bulletin, will be transferred to such a position, where practicable, within thirty six (306) days of the award, time of such transfer not to exceed forty-five (45) days. In the event the Company is unable to release an employee within thirty (30) days months from the date of the awardposting, such employee shallthe position shall be re-posted.
(1) Part-time Members: The Board shall have the right to hire part time members under the following conditions:
(i) For a part-time position regularly scheduled for 32 hours or less per week.
(ii) Two or more part-time employees shall not be employed to fill a position that could otherwise be filled by a full time employee.
(iii) Part time members shall be paid on the salary grid for the job which they are performing and shall progress through the salary grid upon completion of the equivalent of one (1) full year of employment either 2080 or 1820 hours depending upon their hours of work.
(iv) A part time member’s hours in any position shall be cumulative and if hired full time these hours will be cumulative for increments of subsequent levels of the Schedule of Salaries.
(v) Part time employees shall be compensated for Hospital and Medical Care benefits as listed under Article 15 of this agreement, if through the addition of sixty ($0.60) cents an hour to the members hourly rate of pay.
(vi) Statutory Holidays, Overtime and Vacation pay shall be in accordance with the provisions of the Employment Standards Act, 2000.
(vii) Notwithstanding the above provisions, all other articles of this collective agreement shall apply to part time employees hired under clause (1) above.
(viii) The Association agrees to allow two (2) part-time positions in the Data Entry/Communications Unit. The starting rate of the position awarded him is higher than positions shall be in accordance with the start rate of his present position, be paid the higher rate after the expiration of the thirtyjob they are performing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
