Common use of SENIORITY AND LAY OFF Clause in Contracts

SENIORITY AND LAY OFF. (a) Seniority shall mean the length of continuous service in the employ of the Board, inside the Bargaining Unit, since the first date of paid employment. This shall be called the "seniority date. Unless specifically otherwise provided, no approved absence (with or without pay) shall constitute a break in continuous service for the purposes of seniority. (b) Where a provision of this Agreement provides that a period of time shall not count towards seniority or that seniority shall not accrue or accumulate during a period of time, the seniority date shall be adjusted to reflect such period(s) of time. This adjustment shall be done by moving the seniority date towards the present by the number of calendar days in said period(s) of time. (c) Where a provision of this Agreement provides that a period of time or a portion of a period of time which would otherwise not count towards seniority or during which seniority would not accrue or accumulate shall be included in seniority, the seniority date shall be further adjusted following application of (b) above to reflect such period(s) of time This adjustment shall be done by moving the seniority date away from the present by the number of calendar days in said period(s) of time. (d) Except as provided in Clause 15.05, time on lay off shall accrue towards seniority. (e) Ties shall be broken by lot at the time the tie first occurs. (f) Notwithstanding (e) above, should a tie occur in seniority and one or more of the tied ECEs have worked within the Bargaining Unit as a long-term occasional ECE, the number of days for such occasional work shall be used to break tie. This shall have the effect of ranking new permanent employees who share the same date as per Article 15.01(a) with employees with previous Bargaining Unit experience ahead of other new permanent employees, within a grouping sharing the same date of first paid employment.

Appears in 1 contract

Samples: Collective Agreement

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SENIORITY AND LAY OFF. (a) Seniority shall mean the length of continuous service in the employ of the Board, inside the Bargaining Unit, since the first date of paid employment. This shall be called the "seniority date. Unless specifically otherwise provided, no approved absence (with or without pay) shall constitute a break in continuous service for the purposes of seniority. (b) Where a provision of this Agreement provides that a period of time shall not count towards seniority or that seniority shall not accrue or accumulate during a period of time, the seniority date shall be adjusted to reflect such period(s) of time. This adjustment shall be done by moving the seniority date towards the present by the number of calendar days in said period(s) of time. (c) Where a provision of this Agreement provides that a period of time or a portion of a period of time which would otherwise not count towards seniority or during which seniority would not accrue or accumulate shall be included in seniority, the seniority date shall be further adjusted following application of (b) above to reflect such period(s) of time This adjustment shall be done by moving the seniority date away from the present by the number of calendar days in said period(s) of time. (d) Except as provided in Clause 15.05L15.5, time on lay off shall accrue towards seniority. (e) Ties shall be broken by lot at the time the tie first occurs. (f) Notwithstanding (e) above, should a tie occur in seniority and one or more of the tied ECEs have worked within the Bargaining Unit as a long-term occasional ECE, the number of days for such occasional work shall be used to break tie. This shall have the effect of ranking new permanent employees who share the same date as per Article 15.01(aClause L15.1(a) with employees with previous Bargaining Unit experience ahead of other new permanent employees, within a grouping sharing the same date of first paid employment.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY AND LAY OFF. (a) Seniority shall mean the length of continuous service in the employ of the Board, inside the Bargaining Unit, since the first date of paid employment. This shall be called the "seniority date. Unless specifically otherwise provided, no approved absence (with or without pay) shall constitute a break in continuous service for the purposes of seniority. (b) Where a provision of this Agreement provides that a period of time shall not count towards seniority or that seniority shall not accrue or accumulate during a period of time, the seniority date shall be adjusted to reflect such period(s) of time. This adjustment shall be done by moving the seniority date towards the present by the number of calendar days in said period(s) of time. (c) Where a provision of this Agreement provides that a period of time or a portion of a period of time which would otherwise not count towards seniority or during which seniority would not accrue or accumulate shall be included in seniority, the seniority date shall be further adjusted following application of (b) above to reflect such period(s) of time This adjustment shall be done by moving the seniority date away from the present by the number of calendar days in said period(s) of time. (d) Except as provided in Clause 15.05, time on lay off shall accrue towards seniority. (e) Ties shall be broken by lot at the time the tie first occurs. (f) Notwithstanding (e) above, should a tie occur in seniority and one or more of the tied ECEs have worked within the Bargaining Unit as a long-term occasional ECE, the number of days for such occasional work shall be used to break tie. This shall have the effect of ranking new permanent employees who share the same date as per Article 15.01(a) with employees with previous Bargaining Unit experience ahead of other new permanent employees, within a grouping sharing the same date of first paid employment. 15.02 An occasional employee shall not acquire seniority unless said employee becomes permanent immediately following the occasional assignment in which case seniority shall date back to the start of the occasional assignment. 15.03 Each employee with seniority shall appear on a Seniority List in order of decreasing seniority. (a) The Board shall publish the Draft Seniority List of Clause 15.03 by January 31st of each year. Copies of the Draft Seniority List shall be posted in each location where employees named on the Seniority List are employed. (b) The Bargaining Unit President shall be provided with a copy of the Draft Seniority List. The Bargaining Unit President shall have ten (10) working days to submit, in writing, any objections to the Draft Seniority List. (c) Within twenty (20) working days of the posting, the Human Resources Department will issue a revised seniority list. 15.05 An employee shall lose all seniority and shall have employment terminated in the event that the employee: (a) resigns; (b) is discharged for just cause and not reinstated; (c) fails to return to work within seven (7) calendar days following a lay off and after being notified by registered or certified mail to do so unless through illness or other just cause; (d) is laid off for a period longer than two (2) years; (e) fails to return to work after completion of a leave of absence (with or without pay) which was granted by the Board unless a reasonable explanation is submitted and accepted by the Board; (f) utilizes a leave of absence for purposes other than those for which the leave of absence was granted by the Board unless a reasonable explanation is submitted and accepted by the Board; (g) accepts permanent full-time employment with another employer. 15.06 The Board agrees that no employee or staff shall be laid off, have hours of work reduced or be relocated as a result of contracting out work customarily performed by an employee covered by this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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SENIORITY AND LAY OFF. (a) Seniority shall mean the length of continuous service in the employ of the Board, inside the Bargaining Unit, since the first date of paid employmenthire. This shall be called the "seniority date. Unless specifically otherwise provided, no approved absence (with or without pay) shall constitute a break in continuous service for the purposes of seniority. (b) Where a provision of this Agreement provides that a period of time shall not count towards seniority or that seniority shall not accrue or accumulate during a period of time, the seniority date shall be adjusted to reflect such period(s) of time. This adjustment shall be done by moving the seniority date towards the present by the number of calendar days in said period(s) of time. (c) Where a provision of this Agreement provides that a period of time or a portion of a period of time which would otherwise not count towards seniority or during which seniority would not accrue or accumulate shall be included in seniority, the seniority date shall be further adjusted following application of (b) above to reflect such period(s) of time time. This adjustment shall be done by moving the seniority date away from the present by the number of calendar days in said period(s) of time. (d) Except as provided in Clause 15.05L15.5, time on lay off shall accrue towards seniority. (e) Ties shall be broken by lot at the time the tie first occurs. (f) Notwithstanding (e) aboveFor employees hired prior to June 1, should a tie occur in 1993, the seniority and one or more of date shall be computed using the tied ECEs have worked within above rules except service shall include employment with the Board outside the Bargaining Unit as [including service with the Board prior to the certification of the Bargaining Unit], and broken service will be included unless the reasons for the break in service was a long-term occasional ECEresignation (or deemed resignation) by the employee or the period of break exceeds the time limit set out in Clause L15.5 (d). (a) During the probationary period set out in Clause L9.2, the number of days for such occasional work shall be used to break tie. This employee shall have no seniority and no right of access to the effect procedures in this Article. (b) A temporary employee shall not acquire seniority unless said employee becomes permanent immediately following the temporary assignment in which case seniority shall date back to the start of ranking new permanent employees who share the same date as per Article 15.01(a) with employees with previous Bargaining Unit experience ahead of other new permanent employees, within a grouping sharing the same date of first paid employmenttemporary assignment.

Appears in 1 contract

Samples: Collective Agreement

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