SENIORITY AND LAY OFF. (a) For employees employed in a position of the bargaining unit on April 23, 1990 and who maintain continuous service within the bargaining unit, seniority shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor. 9:01 (b) For employees hired in a position of the bargaining unit on or after April 24, 1990, seniority shall be defined as length of continuous service within the bargaining unit. 9:02 Continuous service shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension. 9:03 Seniority lists shall be posted on the fifteenth day of January, April, July and October of each year by the Employer on the bulletin boards herein provided for. Copies of the said seniority list shall be e-mailed to the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- mailed to the Union Recording Secretary of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each employee shall be e-mailed to the Union on the fifteenth day of January, April, July and October of each year. 9:04 A layoff shall be defined as a reduction in the workforce, the elimination of an encumbered position or a reduction in the regular hours of work as described in this agreement. It is understood that reduction by attrition does not constitute a layoff. (a) Seniority shall prevail in the layoff and recall of employees. Prior to the layoff of seniority employees, the employer shall first lay off persons performing bargaining unit work within the affected department who are retirees, part-timers, Temporary Employees, and probationary employees. A meeting shall be convened between the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designate, during which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority in the following manner: (i) the employee may choose to displace (bump) a less senior employee, provided that he/she has the necessary skill and ability to perform the requirements of the position. (ii) the employee may choose to displace (bump) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has the necessary skill and ability to perform the requirements of the position; (iii) the employee may choose to accept the layoff. The following shall apply should the employee choose option (i) bump: Step 1 – On the first working day following the notice of layoff, the employee will request job descriptions for positions to consider for bumping.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAY OFF.
(a) For employees employed in a position of the bargaining unit on April 23, 1990 and who maintain continuous service within the bargaining unit, seniority shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor.
9:01 10:01 (b) For employees hired in a position of the bargaining unit on or after April 24, 1990, seniority shall be defined as length of continuous service within the bargaining unit.
9:02 10:02 Continuous service shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension.
9:03 10:03 Seniority lists shall be posted on the fifteenth day of January, April, July and October of each year by the Employer on the bulletin boards herein provided for. Copies of the said seniority list shall be e-mailed to the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- mailed to the Union Recording Secretary of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each employee shall be e-mailed to the Union on the fifteenth day of January, April, July and October of each year.
9:04 A layoff (a) Any employee will be considered to be on probation and will not acquire seniority status until they have been employed for a period of sixty (60) working days within a consecutive eight (8) month period, at which time their seniority shall be defined as commence from the date of hiring. If extenuating circumstances prevent the University from evaluating any employee during the initial sixty (60) working day period the Department of Human Resources will advise the Union in writing of the intent to extend the probationary period an additional thirty (30) working days. The provisions of this Agreement shall not apply to a reduction in the workforce, the elimination of an encumbered position or a reduction in the regular hours of work as described in this agreement. It is understood that reduction by attrition does not constitute a layoffprobationary employee except where expressly stated.
(ab) Seniority During the probationary period, a probationary employee shall prevail be paid for statutory holidays per the Employment Standards Act. Upon successful completion of probation, a probationary employee shall be paid retroactively for any additional holidays that, as outlined in the layoff and recall of employees. Prior to the layoff of seniority employeesArticle 16:01, the employer shall first lay off persons performing bargaining unit work fell within the affected department who are retirees, part-timers, Temporary Employees, and probationary employees. A meeting shall be convened between the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designate, during which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority in the following manner:
(i) the employee may choose to displace (bump) a less senior employee, provided that he/she has the necessary skill and ability to perform the requirements of the positionperiod.
(iic) A temporary employee if subsequently hired into a position shall be deemed to have been a probationary employee and all days worked from original date of hire shall be applied to probationary period.
10:05 The inability of an employee to work by reason of illness or accidental injury shall not result in the employee may choose to displace loss of seniority rights.
10:06 Where two (bump2) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has more employees have the necessary skill and ability to perform the requirements of the position;
(iii) the employee may choose to accept the layoff. The following shall apply should the employee choose option (i) bump:
Step 1 – On the first working day following the notice of layoffsame hire date, the employee will request job descriptions for positions greater seniority shall be determined by random lot draw, supervised and conducted jointly by Union and the Employer.
10:07 Seniority shall be determinative only as herein provided.
10:08 Any controversy over an employee's seniority shall be subject to consider for bumpingthe grievance procedure herein set forth.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY AND LAY OFF. (a) For employees employed in a position of the bargaining unit on April 23, 1990 and who maintain continuous service within the bargaining unit, seniority shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor.
9:01 (b) For employees hired in a position of the bargaining unit on or after April 24, 1990, seniority shall be defined as length of continuous service within the bargaining unit.
9:02 Continuous service shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension.
9:03 Seniority lists shall be posted on the fifteenth day of January, April, July and October of each year by the Employer on the bulletin boards herein provided for. Copies of the said seniority list shall be e-mailed to the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- mailed to the Union Recording Secretary of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each employee shall be e-mailed to the Union on the fifteenth day of January, April, July and October of each year.
9:04 A layoff shall be defined as a reduction in the workforce, the elimination of an encumbered position or a reduction in the regular hours of work as described in this agreement. It is understood that reduction by attrition does not constitute a layoff.
(a) Seniority shall prevail in the layoff and recall of employees. Prior to the layoff of seniority employees, the employer shall first lay off persons performing bargaining unit work within the affected department who are retirees, part-timers, Temporary Employees, and probationary employees. A meeting shall be convened between the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designate, during which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority in the following manner:
(i) the employee may choose to displace (bump) a less senior employee, provided that he/she has they have the necessary skill and ability to perform the requirements of the position.
(ii) the employee may choose to displace (bump) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has they have the necessary skill and ability to perform the requirements of the position;
(iii) the employee may choose to accept the layoff. The following shall apply should the employee choose option (i) bump:
Step 1 – On the first working day 60 following the notice of layoffxxxxxx, the employee will request job descriptions for positions to consider for bumping.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAY OFF. (a) For employees employed Seniority is defined as the length of service in a position of the bargaining unit on April 23, 1990 and who maintain continuous service within the bargaining unit, seniority and shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor.
9:01 (b) For employees hired in applied on a position of the bargaining unit on or after April 24, 1990, seniority wide basis. Seniority shall be defined as length applied in determining preference for promotions, transfers, demotions, lay-offs, and recalls subject to the senior employee having the required qualification for the job. Should circumstances require a reduction of continuous service employees, probationary employees shall be laid off first and then starting with those with the least seniority. When an employee is laid off under this section and jobs have reopened, the employees shall be called back on a seniority basis. When employees are to be recalled by the Board, they shall be notified by registered mail to their last place of residence known to the Board and if they fail to report within seven (7) days after the bargaining unit.
9:02 Continuous service mailing of such notice, the Board shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves be under no obligation to re-employ them. A seniority list of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension.
9:03 Seniority lists all employees covered by this Agreement shall be posted on in January and June each year. This list will show names, positions, and dates of last entry into the fifteenth day of January, April, July and October of each year service in positions covered by the Employer on the bulletin boards herein provided forthis Agreement. Copies of the said seniority list will be posted on all bulletin boards and one copy will be supplied to the Union. Protests in regard to seniority standing must be submitted in writing to the Home Superintendent within thirty (30) days from the date the seniority list is posted. When proof of error is presented by the employee or his representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be e-mailed to final. No change the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- mailed to the Union Recording Secretary seniority status of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each an employee shall be e-mailed made unless concurred to the Union on the fifteenth day Union. Definition of January, April, July and October of each year.
9:04 A layoff lay-off shall be defined as a reduction in the workforce, the elimination of an encumbered position work force or a reduction in the regular hours of work as described defined in this agreementAgreement. It Advance Notice of Unless legislation is understood that reduction by attrition does not constitute a layoff.
(a) Seniority shall prevail in the layoff and recall of employees. Prior more favourable to the layoff of seniority employees, the employer Employer shall first lay off persons performing bargaining unit work within the affected department notify full-time employees who are retirees, to be laid off fifteen 5) working days prior to the effective date of lay-off and for part-timerstime employees nine (9) working days prior to the effective date of lay-off where a part-time employee is working twenty-four hours per week or less. If the employee has not had the opportunity to work the days as provided in this Article, Temporary Employees, and probationary employees. A meeting he shall be convened between paid for the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designate, during days for which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority in the following manner:
(i) the employee may choose to displace (bump) a less senior employee, provided that he/she has the necessary skill and ability to perform the requirements of the position.
(ii) the employee may choose to displace (bump) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has the necessary skill and ability to perform the requirements of the position;
(iii) the employee may choose to accept the layoff. The following shall apply should the employee choose option (i) bump:
Step 1 – On the first working day following the notice of layoff, the employee will request job descriptions for positions to consider for bumping.work was not made available,
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAY OFF. (a) For employees employed in a position of the bargaining unit on April 23, 1990 and who maintain continuous service within the bargaining unit, seniority shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor.
9:01 (b) For employees hired in a position of the bargaining unit on or after April 24, 1990, seniority shall be defined as length of continuous service within the bargaining unit.
9:02 Continuous service shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension.
9:03 Seniority lists shall be posted on the fifteenth day of January, April, July and October of each year by the Employer on the bulletin boards herein provided for. Copies of the said seniority list shall be e-mailed to the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- mailed to the Union Recording Secretary of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each employee shall be e-mailed to the Union on the fifteenth day of January, April, July and October of each year.
9:04 A layoff shall be defined as a reduction in the workforce, the elimination of an encumbered position or a reduction in the regular hours of work as described in this agreement. It is understood that reduction by attrition does not constitute a layoff.
(a) Seniority shall prevail in the layoff and recall of employees. Prior to the layoff of seniority employees, the employer shall first lay off persons performing bargaining unit work within the affected department who are retirees, part-timers, Temporary Employees, and probationary employees. A meeting shall be convened between the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designate, during which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority in the following manner:
(i) the employee may choose to displace (bump) a less senior employee, provided that he/she has they have the necessary skill and ability to perform the requirements of the position.
(ii) the employee may choose to displace (bump) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has they have the necessary skill and ability to perform the requirements of the position;
(iii) the employee may choose to accept the layoff. The following shall apply should the employee choose option (i) bump:
Step 1 – On the first working day following the notice of layoff, the employee will request job descriptions for positions to consider for bumping.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAY OFF. (a) For employees employed in a position of the bargaining unit on April 23, 1990 and who maintain continuous service within the bargaining unit, seniority shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor.
9:01 (b) For employees hired in a position of the bargaining unit on or after April 24, 1990, seniority shall be defined as length of continuous service within the bargaining unit.
9:02 Continuous service shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension.
9:03 Seniority lists shall be posted on the fifteenth day of January, April, July and October of each year by the Employer on the bulletin boards herein provided for. Copies of the said seniority list shall be e-mailed to the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- e-mailed to the Union Recording Secretary of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each employee shall be e-e- mailed to the Union on the fifteenth day of January, April, July and October of each year.
9:04 A layoff shall be defined as a reduction in the workforce, the elimination of an encumbered position or a reduction in the regular hours of work as described in this agreement. It is understood that reduction by attrition does not constitute a layoff.
(a) Seniority shall prevail in the layoff and recall of employees. Prior to the layoff of seniority employees, the employer shall first lay off persons performing bargaining unit work within the affected department who are retirees, part-part- timers, Temporary Employeestemporary employees, and probationary employees. A meeting shall be convened between the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designateManager, during which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority within five (5) working days of the notice of layoff in the following manner:.
(i) the employee may choose to displace (bump) a less senior employee, provided that he/she has the necessary skill and ability to perform the requirements of the position.
(ii) the employee may choose to displace (bump) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has the necessary skill and ability to perform the requirements of the position;
(iii) the employee may choose to accept the layoff. An employee who assumes a new position as a result of the above procedure shall be entitled to a period of familiarization and/or orientation of not less than 60 working days. Such person may at their discretion, choose to decline the position at any time during the familiarization period and elect to exercise their seniority again in the procedure laid out above. This option (Test Drive) may only be exercised twice per employee. The following above bumping procedure shall apply should include the right to displace a less senior employee in a higher paid category or classification and the employee choose option shall be paid the higher rate. An employee who bumps into a position with a lower rate of pay, shall be entitled to a wage protection program as follows:
(i) bump:
Step 1 – On For the first working 12 months in the lower paid position, the employee shall maintain their former rate of pay.
(ii) For the next 12 months in the lower paid position, the employee shall be paid a rate which is their former rate minus 50% of the differential between their former rate and the rate of pay of the position(s) that was bumped. For example if a student(s) is bumped then the employee shall be paid their former rate minus 50% of the differential between said former rate and the student rate of pay. Should more than one person be bumped, and their pay rates are different, then the calculation shall be made using an average of the bumped rates.
(iii) In the event that the employee is expected to continue in the position beyond 24 months, the position shall be evaluated as per the terms of the Collective Agreement. It is further agreed that any salary changes which may be necessitated by reason of upward evaluation shall be retroactive to the first day following the notice 24 month period.
(iv) Should the evaluation not be completed prior to the end of the 24 month period then the employee’s pay shall be not less than Classification I of the Collective Agreement, or as in paragraph (ii) immediately above, whichever is highest, until such time as the evaluation is completed.
(v) Should the employee continue in the new position for a period exceeding five years, inclusive of the first 24 months set out herein, said position shall be deemed a bargaining unit position. When vacated the position shall be posted subject to the posting provisions of the collective agreement. If the employee vacates the position(s) prior to the five year period, the University may revert to the former type of work and staffing arrangement in effect prior to the bumping, or any other arrangement it may deem appropriate in its sole discretion, regardless of the provisions of article 10:01(a) of the Collective Agreement, but subject to all other terms of the Collective Agreement should a bargaining unit position be created.
(b) Recall shall be by seniority provided the laid off employee has the skill and ability to perform the available work. Employees retain the right to recall for twenty-four (24) months and maintain full benefit coverage as provided in this Agreement and in accordance to the group plan from their most recent date of layoff. Vacancies that the Employer intends to fill will be filled through the job posting procedure unless an employee has been displaced or laid off from that position within twenty-four (24) months of the vacancy, at which time a recall shall occur. Should the employee refuse the recall to his/her previous position, the employee’s right to recall to the previous position will then be exhausted. An employee who is recalled to a job which they have not previously performed shall be placed on probation for a trial period per 10:03. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, such employee shall be returned to layoff.
(c) No new employees shall be hired until those employees on layoff have been given an opportunity of recall. No retired employees or part-time employees or students will request job descriptions be hired if there are laid off employees who have the skill and ability to perform the available work.
(d) In order that the operation of the Union will not become disorganized when layoffs are being made, the President, Vice-President, Secretary-Treasurer, Secretary and Stewards of the Union, who are full-time permanent employees as defined in Article 26:01(a), shall be the last eleven (11) persons laid off during their term of office, so long as bargaining unit work which they are qualified to perform is available.
9:06 The seniority of an employee shall terminate if:
1. He/She is discharged for positions just cause and not reinstated;
2. He/She resigns;
3. He/She is absent from work in excess of three (3) working days without notifying the Employer unless such notice was not reasonably possible;
4. After a lay off he/she fails to consider return to work within seven (7) calendar days after being notified by registered mail so to do, addressed to his/her last residence address unless he/she is unable so to do by reason of sickness or other reasonable cause. It shall be the responsibility of the employee to keep the Employer informed of his/her current residential address;
5. He/She is laid off for bumping.a period longer than two (2) years which period shall be from the effective date of lay off unless the employee shall have been recalled from the initial lay off for a period in excess of six
Appears in 1 contract
Samples: Collective Agreement
SENIORITY AND LAY OFF. Section 1: Seniority shall be recognized upon successful completion of an employee’s probationary period retroactive to their date of entry into the Bargaining Unit.
Section 2: Absence from the job that exceeds fifteen (a15) For working days without pay, excluding FMLA, shall be considered lost time for the purpose of calculating seniority; upon return, previous bargaining unit service shall count toward seniority.
Section 3: Seniority shall terminate if:
1) the employee is discharged;
2) the employee quits voluntarily;
3) the layoff is for a period of twenty-four (24) months or more;
4) the employee fails to accept and report to work within ten (10) working days after notification of recall; or
5) the employee obtains a leave of absence by false or misleading statements.
Section 4: Employees scheduled to be laid-off shall be given at least twenty (20) working days notice.
Section 5: Lay-offs shall be in order of seniority within the budgeted department; that is the employee last hired shall be the first released. Employees who are laid-off may then bump the least senior employee within the Bargaining Unit provided they meet the minimum qualifications of the position. Only one (1) laid-off employee may bump into a department per contract year.
Section 6: All laid-off employees employed will be placed in a Recall Pool for up to two (2) years. The Recall Pool will be maintained by the Employer. When a position of the bargaining unit on April 23, 1990 and who maintain continuous service opens within the bargaining unitBargaining Unit, seniority shall be defined as the last date of hire by Assumption College, Assumption University of Windsor, Essex College and the University of Windsor.
9:01 (b) For employees hired in a position of the bargaining unit on or after April 24, 1990, seniority shall be defined as length of continuous service within the bargaining unit.
9:02 Continuous service shall mean unbroken employment and shall include vacations and holidays, scheduled days off, approved leaves of absence, absence because of illness or injury, pregnancy, adoption and parental leaves, layoffs and suspension.
9:03 Seniority lists it shall be posted on the fifteenth day of Januaryinternally. If no qualified internal candidates apply, April, July and October of each year by the Employer on shall offer the bulletin boards herein provided for. Copies of the said seniority list shall be eposition to laid-mailed to the Union Recording Secretary on such dates. A list indicating each employee’s name, position, and classification shall be e- mailed to the Union Recording Secretary of the Union by the fifteenth day of January, April, July and October of each year. The current address and telephone number for each employee shall be e-mailed to the Union on the fifteenth day of January, April, July and October of each year.
9:04 A layoff shall be defined as a reduction off employees in the workforce, the elimination Recall Pool by order of an encumbered position or a reduction in the regular hours of work as described in this agreement. It is understood that reduction by attrition does not constitute a layoff.
(a) Seniority shall prevail in the layoff and recall of employees. Prior to the layoff of seniority employees, the employer shall first lay off persons performing bargaining unit work within the affected department who are retirees, part-timers, Temporary Employees, and probationary employees. A meeting shall be convened between the affected employee, an administrative representative from where the position is being eliminated, a union representative and the Employee Relations Manager or designate, during which time the employee’s layoff or bumping opportunities will be explored. An employee laid off or displaced may exercise seniority in the following manner:
(i) the employee may choose to displace (bump) a less senior employeeseniority, provided that he/she the recalled employee has the necessary skill demonstrated ability and ability minimum qualifications to perform the requirements available work as determined by the Employer. No bargaining unit position will be filled by outside applicants, nor will any position be advertised before the Recall Pool has been exhausted. Additionally, temporary, seasonal, or emergency positions within the Bargaining Unit will be offered to the Recall Pool first. Section 7: Whenever the Employer determines that it is necessary to involuntarily transfer an employee to fill a temporary need in another department, the least senior qualified employee in the Bargaining Unit shall be the one transferred. Any employees subject to involuntary transfer shall be provided with notice ten (10) working days in advance of the positiontransfer.
(ii) the employee may choose to displace (bump) any retiree, part-timer, student, temporary employee, or probationary employee, provided that he/she has the necessary skill and ability to perform the requirements of the position;
(iii) the employee may choose to accept the layoff. The following shall apply should the employee choose option (i) bump:
Step 1 – On the first working day following the notice of layoff, the employee will request job descriptions for positions to consider for bumping.
Appears in 1 contract
Samples: Collective Bargaining Agreement
