Common use of Seniority Factors Clause in Contracts

Seniority Factors. (a) The Employer and the Union agree that in cases of transfers and promotions (other than promotions to positions outside of the bargaining unit) and demotions, the following factors shall be considered: (i) current: ability, experience, performance and qualifications; (ii) length of continuous service. Where the factors in sub-paragraph (i) are relatively equal, seniority shall govern. This provision shall not be exercised in an arbitrary manner. (b) The Employer and the Union agree that in case of lay-off or recall (other than a lay-off as a result of the elimination of the nurse's position, in which case clause 8.03 applies), length of continuous service shall govern provided the nurses in question have the qualifications, ability and experience to perform the work available.

Seniority Factors. (a) The Employer and the Union agree that in cases of transfers and promotions (other than promotions to positions outside of the bargaining unit) and demotions, the following factors shall be considered: (i) current: ability, experience, performance and qualifications; (ii) length of continuous service. Where the factors in sub-paragraph (i) are relatively equal, seniority shall govern. This provision shall not be exercised in an arbitrary manner. (b) The Employer and the Union agree that in case of lay-off or recall (other than a lay-off as a result of the elimination of the nurse's position, in which case clause 8.03 applies)Article 18 Seniority, length of continuous service shall govern provided the nurses in question have the qualifications, ability and experience to perform the work availableSec.