SENIORITY (Continued). Seniority shall continue to accumulate and shall not be lost when an employee is on leave due to an injury or accident which is compensable under the Employer's workers' compensation insurance for a period of up to twelve (12) months; when an employee is on leave to serve in the armed forces of the United States; or when an employee is on any paid leave of absence.
SENIORITY (Continued). 10.07 Unit seniority lists showing company seniority, and identifying unit seniority (if applicable) shall be posted on all bulletin boards and a copy sent to the secretary of the units. This list shall be revised every six (6) months.
SENIORITY (Continued). 46.06 A member will continue to accumulate seniority under the following conditions:
(a) during an absence due to illness or injury;
(b) while on WSIB;
(c) while on an approved leave of absence as provided under this Agreement;
(d) while on Pregnancy or Parental Leave;
(e) while working scheduled time (which includes vacations and holidays);
(f) while on layoff and continues to maintain rights of recall.
46.07 If any employee of the Board who is not covered by this Agreement transfers to a position covered by this Agreement, then their seniority shall commence as of the date of his/her transfer to the Bargaining Unit.
46.08 A member shall lose seniority under the following conditions:
(a) if the member terminates employment with the Board;
(b) if the member fails to return to work after the expiration of any leave granted, without a bona fide reason;
(c) if the member is discharged and such discharge is not reversed through the grievance/arbitration procedure or other legal procedure available to the member;
(d) if the member fails, after a layoff, to return to work within ten (10) working days after the Board has given the member notice of recall by registered mail, unless an extension is granted by the Board due to an emergency or other reason;
(e) if the member is absent from work in excess of five (5) working days without sufficient cause or without notifying the Employer;
(f) if the member is laid off by the Board and has exhausted all rights of recall under Article 47, Layoff and Recall;
(g) if the member accepts a permanent position with the Board outside the Bargaining Unit.
SENIORITY (Continued). 8.10 An employee who is or has been transferred from a position which is not part of the bargaining unit may be returned to the said bargaining unit by the Board and shall retain his/her full accumulated seniority. He/she may not, however, displace any employee as a result unless that employee is the most junior member of the bargaining unit. In such cases the provisions of Article 11.01, Job Posting, will not apply. It is understood that there will be no accumulation of seniority for services outside of the bargaining unit.
8.11 No employee shall be dismissed or have his/her hours reduced due to technological change.
8.12 Subject to Article 8.11, the Board may make adjustment in the number and assignment of its employees as a result of technological changes and may make any such changes which are necessary to maintain efficient operations and optimal service to the public. In recognition of the impact that any such major changes may have upon employees and the concern of the parties regarding employees who may be affected, the following will apply.
a) The employer undertakes to advise the Union as far in advance as feasible of any such changes which the Board has decided to introduce which will result in significant and immediate changes in the employment status of employees.
b) In providing such notice the Board shall advise the Union of the following information:
i) the nature of the change;
ii) the approximate date on which the employer proposes to effect the change;
iii) the approximate number classification and location of employees likely to be affected;
iv) the effects the change may be expected to have on the employees' employment status.
SENIORITY (Continued). 5.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department.
5.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two (2) years of layoff.
5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held.
SENIORITY (Continued). Continuous seniority requires regular full-time employment. Leaves of absence of less than six (6) months shall not interrupt service.
SENIORITY (Continued). The Union will be notified after five (5) days of no report.
10.06 Officers and Shop Stewards of the Union, during their terms of Office in the Union, shall head the seniority list. This clause will not apply when considering seniority for promotion or vacation.
10.07 Unit seniority lists showing company seniority, and identifying unit seniority (if applicable) shall be posted on all bulletin boards and a copy sent to the secretary of the units. This list shall be revised every six (6) months.
SENIORITY (Continued). 11.07 Seniority and the employment relationship will terminate when a Member:
a) Retires or resigns from the bargaining unit;
b) Is discharged and is not reinstated through the grievance procedure or arbitration;
c) Has been on lay-off for a continuous period of thirty-six (36) months;
d) Is absent from work without authorization for three (3) consecutive days upon which the Member is scheduled to perform work. The provision of this clause d) shall not be interpreted as permitting unauthorized absence of any duration;
e) Fails to report for work promptly after the expiration of any leave granted unless the Member is excused by the Board, or if the Member fails to notify the Board’s office of the Member’s intention to return to work within fifteen (15) working days after notice of recall from lay-off is sent by registered mail or telegram to the last address of the person shown on the Board’s records.
11.08 It shall be the duty of the Member to notify the Board promptly, in writing, of any change of address. If a Member should fail to do this, the Board will not be responsible for failure of notice to reach such Member, and any notice sent by the Board by registered mail or telegram to the address of the Member which appears on the records filed in the Human Resources Department, shall be conclusively deemed to have been received by the member.
11.09 All cases of lay-off and recall after lay-off shall be based on seniority in the classification. Where seniority is equal, the following tiebreakers shall be applied. Where two (2) or more Members are tied in seniority within a discipline, the Member who is the more senior shall be the Member who:
1. Has the most seniority with the Halton District School Board as indicated on the seniority list within the discipline and where equal
2. Has the most number of years of actual experience in a permanent position in the Halton District School Board within the discipline and where equal
3. Has the most number of years of experience in the discipline with appropriate qualifications and where equal
4. Has the most number of years of contractual experience in the Halton District School Board in the discipline with appropriate qualifications and where equal 5. Lots will be drawn to determine the more senior Member.
SENIORITY (Continued). (b) Seniority of each employee shall be established upon successful completion of three (3) months of employment. There shall be a probationary period of three (3) months from the date of employment. Probationary employees may be terminated within the three (3) months at the discretion of the Company. A review of each new employee’s performance shall be done on the following basis:
1. At the end of the first (1st) month of employment.
2. At the end of the third (3rd) month of employment. Probationary employees will be placed in a department once the probationary period has been completed.
(c) It is agreed that employees with the least seniority will be first affected in the case of lay-off whereas employees with the greatest seniority will be given preference in recall providing the employee is satisfactorily able and willing to learn to efficiently perform the work available (as decided by the Joint Management Shop Committee).
(d) Employees shall lose seniority rights for any of the following reasons: quitting, discharge for just cause, lay-off of longer than seniority retention periods, listed absence from work for more than one (1) week without satisfactory explanation or a Doctor’s certificate.
(e) If an employee is moved to an administration level, he/she shall retain seniority for a period of three (3) months and then shall cease to be a member of the said bargaining unit, while in Management. Further, if the employee wishes to return to the bargaining unit they may return within three (3) months to the production category lead hand through PW6 and retain continuous seniority. Said transfer will not necessarily be based on the seniority of the employee. This may only be used once.
(a) Employee shall retain his seniority for the following period: Up to 12 months worked - 3 months 13 to 24 months worked - 6 months 25 - 60 months worked - 12 months Over 61 months - 24 months Any employee with seniority standing when recalled for work shall have the right to compare the length or type of work involved with his present employment to decide on a bypass with no loss of seniority. After bypassing the work once, the Employee shall lose his seniority standing if he does not come in on the next call. There shall be at least two (2) weeks between the calls. Recall by registered mail.
(b) No Production Worker covered under this Agreement shall have a temporary layoff or termination to create employment for workers in another section of the trade.
SENIORITY (Continued). 8.03 An employee’s seniority shall not be deemed to be broken under the following conditions:
a) by an absence granted in writing and approved by Human Resources Department;
b) by an absence caused by illness or accident where the employee provides medical
c) documentation supporting the absence for up to a period of two years;
d) by an absence granted through Pregnancy or Parenting Leave or Adoptive Leave;
e) by an absence while on Lay-Off for less than one school year;
f) by an absence due to a legal Strike or Lock Out as outlined in Article 6.
g) by an approved leave of absence by the Employer of not more than twelve (12) months, and is returned to a position as an Educational Assistant with the Board, shall be credited with the seniority held at the time of such an approved leave.
8.04 The Board shall establish a seniority list and shall forward it to the President of the Association by January 31st of each year.
8.05 A seniority list shall include employee’s name, date of hire, and work location and classification. The names of the employee’s shall be listed in seniority order by classification.
8.06 No employee with seniority will be laid off or have their hours reduced as a result of the Board contracting out any work or service presently assigned to a member of the Association.
