SENIORITY Clause Samples
The SENIORITY clause establishes the order of precedence or ranking among parties, obligations, or financial instruments within an agreement. In practice, this clause determines which debts or claims are to be satisfied first in the event of liquidation, bankruptcy, or distribution of assets, often distinguishing between senior and subordinated creditors. By clearly defining the hierarchy of claims, the clause helps manage risk and ensures all parties understand their position relative to others, thereby reducing disputes and uncertainty in the event of financial distress.
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SENIORITY. (a) The seniority date of all Regular Employees shall be the date upon which the Regular Employee commenced in the Bargaining Unit, including all prior periods of uninterrupted service as a Casual, Temporary, or Regular Employee.
(b) Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the seniority date established pursuant to clause 9.0l(a).
9.02 Seniority shall be considered in determining the following:
(a) preference of vacation time;
(b) ▇▇▇▇▇▇▇ and recalls;
(c) promotions, transfers, and in filling all vacancies within the Bargaining Unit;
(d) scheduling of shifts including;
(i) shift schedule changes, or
(ii) the selection of available shifts based upon a new master rotation;
(e) distribution and allocation of additional hours of work for Part-time employees who have designated in writing their availability;
(f) distribution and allocation of overtime hours;
(g) assignment of the hourly premium for in charge, security, pager and any other responsibilities, which may be waived by a senior employee, provided there is a less senior qualified employee on duty.
9.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:
(a) when the employment relationship is terminated by either the Employer or the Employee;
(b) upon the expiry of fifteen (15) months following the date of initial layoff, if during such time the Employee has not been recalled to work;
(c) if an Employee does not return to work when recalled, as provided in the "Layoff, ▇▇▇▇▇▇ and Severance" Article.
(a) Seniority lists shall be provided by the Employer to the Union two times (2X) a year in January and July or when Employees have been served notice pursuant to the provisions of the "Layoff, Recall and Severance" Article. The Employer shall also post a copy of the seniority list on the joint bulletin board provided two times (2x) a year in January and July.
(b) Employees will have four (4) weeks to take issue with any changes made to the seniority list since the last list was provided to the Union, otherwise the seniority list will be deemed correct.
9.05 The seniority list shall contain the name of each Regular Employee, their employment status, position/ job title(s), their date of hire and FTE hours.
9.06 Should a difference arise regarding an Employee's seniority, the Employer will provide the Employee with the information necessary to establ...
SENIORITY. 10.01 A new employee shall be considered a probationary employee and shall have no seniority for the first three (3) months of employment at which time he shall be considered a regular employee and shall be placed on the seniority list at that time with seniority from the original date of employment. The time limit in this section may be extended by mutual agreement of the Company and the Union for a period of no more than three (3) months.
10.02 In respect to promotions, demotions, up-gradings, or transfers of Employees, seniority and ability shall be the guiding factors in selecting the employee who is regarded the most suitable. Where the ability is relatively equal between two or more employees, seniority in this bargaining unit shall be the deciding factor.
(i) Any position that becomes vacant or created by the company shall be posted for a period of ten (10) calendar days.
(ii) The company also agrees to a promotion board consisting of three (3) members representing the company and two (2) employees representing the union. One of the company representatives shall act as Chairman and will have no voting power except in the case of a tie vote. The company agrees that the Union may select their board members at random and that these members may change from time to time, as required. This board will meet as necessary to consider all matters relating to promotions, demotions, and out of town transfers of employees. The action of the board shall be posted on union bulletin boards provided by the company within three (3) working days of their meeting.
(iii) The line of promotion will be from Serviceperson II to Serviceperson I, to Senior Technician, unless otherwise agreed to by the promotion board.
(a) In all cases of lay off and rehiring, employees shall be laid off and rehired in order of their bargaining unit seniority and shall retain seniority for a period of two (2) years from the date of lay off. Sickness and accident benefits and group insurance will not apply during layoff. If an employee withdraws his pension contributions during this period, he shall re-enter the pension plan immediately.
10.04 Any employee laid off due to a shortage of work who has been notified in writing by registered letter at his last known address to return to work, and who within seven (7) calendar days has failed to return shall be considered to have quit his employment voluntarily and his existing seniority rights shall be terminated. When notice of aforesaid is sent to...
SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit.
9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02.
9.03 Seniority shall be broken and all rights forfeited when:
(a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement;
(b) an employee voluntarily leaves the service of the Co-operative;
(c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff;
(d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address;
(e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason.
9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part- time, where reverse order of seniority shall apply.
9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits.
9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time an...
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. 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. 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. 18.01 Seniority shall only be effective after an employee has completed his probationary period.
(a) Persons who were previously employed within the Bargaining Unit, or the area presently covered by the Bargaining Unit, may return to positions within the Bargaining Unit with seniority for the purposes of this Clause based on their length of service in the Bargaining Unit provided they do not return to a position higher than the one previously held and further provided that no Bargaining Unit member is demoted or laid off.
(b) Employees from outside the Bargaining Unit may be transferred into the Bargaining Unit to fill a specific position with seniority for the purposes of this Clause based on their starting date with the Company where the Company is unable to fill the position with an employee in the Bargaining Unit. In such case, the employee will not exercise seniority accumulated outside the Bargaining Unit for a period of eighteen (18) months.
18.03 In cases of promotions, lay-offs, recall from lay-offs, and vacations, where ability and qualifications are approximately equal, seniority shall prevail. The Company agrees to exercise the greatest care when deciding questions of employee qualifications to ensure that its decisions are neither arbitrary nor unfair. In cases of layoff, employees can bump employees in Chief Clerk, Dairy Department Head, and Deli Operator positions provided they are qualified as outlined above. In addition, qualified employees can bump "red circled" employees. In such case, the employee doing the bumping shall not assume the "red circled" position, but shall be classified in accordance with the job function he will be performing.
18.04 Any deviation from the principle of seniority as stated above shall be subject to the grievance procedure.
18.05 Seniority lists shall be prepared and a copy supplied to the Union Office each May and October.
18.06 Seniority shall be considered broken and service terminated if an employee:
(a) is duly discharged by the Company.
(b) voluntarily quits or resigns.
(c) has been laid off continuously for a period of more than one (1) year, but in no case to exceed his bargaining unit seniority at the time of his lay-off, or if he is called back to work by registered mail during the recall period and does not return to employment within two (2) weeks of the mailing of such notice.
(d) is absent for any reason for a period of over three (3) days without a written leave of absence, except in case of pr...
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. 10.01 For Employees who are employed in the bargaining unit on the date of ratification of this Collective Agreement, seniority shall be defined as their total length of service with the Company in positions now covered by this Collective Agreement. For Employees who are hired or who transfer into the bargaining unit after the date of ratification, seniority shall be defined as their total length of service in the bargaining unit, dating from their first date of employment in the bargaining unit.
10.02 Seniority shall be defined as the total length of service in the bargaining unit dating from the Employee’s first date of employment in the bargaining unit.
10.03 An Employee who transfers or is re-hired to a position outside the bargaining unit shall, if the Employee returns to the bargaining unit, retain all seniority that the Employee had prior to leaving the bargaining unit, including the first six (6) consecutive months of time spent out of the bargaining unit.
10.04 Employees will lose their seniority and their name will be removed from the seniority list and their employment will be considered terminated under the following circumstances:
(a) When discharged for just cause and not reinstated;
(b) When an Employee voluntarily leaves the Company;
(c) When laid off for a period in excess of their recall rights as set out in Article 11.04;
(d) Desertion of service;
(e) When retired;
(f) When an Employee is absent from work without notice to the Company for two (2) or more consecutive scheduled shifts;
(g) When an Employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the Company; unless an explanation satisfactory to the Company is given by the Employee;
(h) When an Employee utilizes a leave of absence for reasons other than those for which it was granted;
(i) When an Employee fails to return to work immediately after the Company has been notified by a doctor or WSIB that the employee is able to return to work;
(j) When an Employee receives notice of recall to work following a layoff, by telephone or by email or registered mail, and fails to advise the Company if the Employee wishes to accept the recall within twenty (24) hours after having received such telephone call or notice, or fails to report to work within ten (10) calendar days from the date of advising the Company of the Employee’s intent to return. Such mailing or email shall be to the last address or email address of the ...