SENIORITY. 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. Notwithstanding the above, as of January 1, 2020, no Employee will accrue more than ten (10) seniority days in any pay period. The seniority list will be converted to a “days worked list” removing the actual seniority date.
a) Part-Time Seniority Rating Part time Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated twelve (12) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation.
b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year.
14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation.
14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason.
14.4 For the purposes of the probationary pe...
SENIORITY. Section 1 There shall be established a Seniority List of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired.
Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration:
a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration;
b. Has experience related to do the job;
c. Performs the work in the manner required by the City;
d. Cooperates with supervisors and observes rules and regulations;
e. Protects the property and interests of the City;
f. Reports for work promptly and regularly;
g. Maintains harmonious relations with co-workers;
h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster.
Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.
SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same
12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off.
12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment.
(a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs.
(b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified appli...
SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.
SENIORITY. SECTION 1. Seniority standing shall be granted to all employees covered by this Agreement. The standing is to be determined on the basis of actual length of continuous service from the latest date of permanent employment in the bargaining unit with the Plymouth-Canton Board of Education. All new employees shall be placed on the seniority list as of the first day of employment, upon the completion of a probationary period of six (6) calendar months of employment, which shall include at least three (3) calendar months while school is in session. Probationary employees may be discharged or disciplined by the Employer without the same causing a breach of the Agreement or constituting a grievance.
SECTION 2. Seniority shall be broken for the following reasons:
A. If the employee quits.
B. If the employee is discharged.
C. If the employee is absent without properly notifying the management, unless a satisfactory reason is given.
D. If the employee fails to return to work within three (3) working days after being notified to report to work and does not give a satisfactory reason.
E. If the employee is laid off for a continuous period equal to seniority he had acquired at the time of such layoff period.
F. If the employee retires.
SECTION 3. Employees are expected to give advance notice of termination. Employees failing to give five (5) days notice without reasonable cause for failing to give such notice shall forfeit one- fifth (1/5th) of all pro-rated benefits due for each day less than the above five (5) working days.
SECTION 4. Employees shall be laid off and recalled according to their seniority in their classifications. An employee on scheduled layoff shall have the right to displace a lesser seniority employee who is in a lower classification provided the senior employee is qualified to hold the position held by the employee.
A. The Employer may make temporary transfers of employees to other locations in order to meet the requirements of the operation of the department. The employer shall give full consideration to seniority.
B. Temporary transfers shall be for a period of no longer than thirty (30) working days; extensions may be given by mutual agreement between the Employer and the Union.
C. A position that requires more than thirty (30) days of temporary transfer (except extensions by agreement) shall be considered an open position to be posted.
SECTION 6. An agreed-to Seniority List shall be made available to the Union and to each employee covered by t...
SENIORITY. 30.1 The Employer will provide the Union President a seniority list for department #1 twice per year, showing names, positions and seniority date of each permanent employee.
30.2 Seniority status once acquired by permanent employees will be lost only for the following reasons:
a) voluntary resignation;
b) discharge for just cause not reversed through the grievance procedure;
c) continuous non-employment by reason of layoff, sickness or accident for a period of time equal to one- half (1/2) the length of their seniority at the time the absence or layoff commenced, or for a period of twenty- four (24) months, whichever is the lesser; unless medical information indicates that a return to work is possible. In this case, the Employer will accommodate the employee to the point of undue hardship.
d) subject to the provisions of Article 14 herein, continuous non-employment for any reason not identified above, for a period of time equal to one-half (1/2) the length of their seniority at the time the absence commenced or for a period of twelve (12) months, whichever is lesser;
e) failure to signify intention to return to work after recall from layoff within seven (7) calendar days following proper notification by the Employer by registered mail sent to the permanent employee at the last address provided by the permanent employee to the Employer, and failure to return to work after an additional seven (7) calendar days following such notification. If a permanent employee notifies the Employer within said seven (7) calendar days that they are unable to return to work within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the family, accident and other legitimate reasons.
f) absence from work without justifiable excuse for a period of three (3) consecutive scheduled working days. In the event that a permanent employee has so lost their seniority status, they shall no longer be regarded as a permanent employee covered by this Agreement, and the Employer shall not be obligated to rehire them.
30.3 If any permanent employee having served their probationary period becomes disabled and unable to continue in their regular job, then preference will be given to them in filling any other job vacancy for which they have the skills, qualifications and abil...
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.
SENIORITY. 1. Except as provided in this article, “seniority” means an employee’s aggregate length of service with the employer as determined in accordance with the provisions of the Previous Collective Agreement.
2. Porting Seniority
a. Effective July 1, 2020 and despite Article C.2.1 above, an employee who achieves continuing contract status in another school district shall be credited with up to twenty (20) years of seniority accumulated in other school districts in BC. [Note: From July 1, 2019 to June 30, 2020 the limit on the number of years which could be ported was ten (10) years.]
SENIORITY. Seniority is defined as the length of service with the Employer, and shall be applied on a bargaining unit wide basis.
SENIORITY. As of the Closing Date, no Indebtedness or other claim against the Company is senior to the Note in right of payment, whether with respect to interest or upon liquidation or dissolution, or otherwise, other than indebtedness secured by purchase money security interests (which is senior only as to underlying assets covered thereby) and capital lease obligations (which is senior only as to the property covered thereby).
