Common use of Seniority Rules Clause in Contracts

Seniority Rules. a) A seniority list of all Owner Operators who are accumulating seniority, in each local seniority group, showing name and date of last entry into the service in a position covered by this Agreement shall be posted in a place suitable for the Owner Operators concerned. The President and the Unit Chair concerned will be supplied with a copy of the seniority lists. Seniority lists will be revised and posted January 31st of each year, and shall be open for correction for thirty (30) calendar days. For Owner Operators on layoff, personal leave, and Owner Operators covered in Article 3.1 or on authorized leave of absence shall retain all their seniority rights and continue to accumulate seniority on their seniority list and their names shall be continued on such list, the thirty (30) calendar days period shall begin on the date of their return to service. Owner Operators who do not avail themselves of the privilege of correction within the time limit specified shall not be entitled to challenge their seniority date until the thirty (30) day period when the next seniority list is posted. A list reflecting any corrections will be posted by March 31st of each year. No change shall be made in an Owner Operator’s seniority date which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such list was protested in writing within the thirty (30) calendar day period allowed for correctional purposes in the two (2) consecutive years. b) When it is determined in accordance with Article 4.2.1 (a) that a seniority date is in error, such error will be corrected and, when so corrected, the agreed upon seniority date will be final. No change in the existing seniority date for an Owner Operator shall be made unless concurred with by the President and the Vice-President, Operations. c) A new Owner Operator shall not be regarded as permanently contracted until completion of 400 hours of work. In the meantime, unless removed for cause which in the opinion of the Company renders him undesirable for its service, the Owner Operator shall accumulate seniority from the date first contracted on a position covered by this Agreement. An Owner Operator with more than 400 hours of work shall not be discharged without just cause as provided in Article 6 of this Agreement. Owner Operators on authorized leave of absence shall retain all their seniority rights and continue to accumulate seniority on their seniority list and their names shall be continued on such list. An Owner Operator whose leave of absence exceeds 3 months in any one year shall lose his seniority rights unless such leave of absence beyond 3 months is mutually agreed to by the Union and the Company d) Owner-Operator(s) on layoff will be recalled in seniority order on new or re- established positions. e) An Owner-Operator whose position is abolished must displace, within 3 working days, the junior Owner-Operator within his seniority group for which the Owner- Operator is qualified and possess the necessary license and equipment. f) Employees who convert to Owner Operators will have their names removed from the employee seniority list three (3) months following the date of conversion. The individual may revert back to employee status at any time within this period without loss of seniority. g) In the event an Owner Operator transfers back to employee status following expiry of the three-month limit, he will be placed at the bottom of the employee seniority list. h) Owner Operators will be given the opportunity to apply for vacant positions that have not been filled by bid. If selected, the individual will become a new employee placed at the bottom of the local seniority list and will be paid the start rate of the position.