Seniority Status and Lists. 4.1 Seniority lists will be posted in the respective Seniority Groups in January of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies of Seniority lists will be furnished to the Local President/Unit Chairperson. 4.2 An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railway. If found unsuitable during such period, such employee will not be retained in the service. 4.3 Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson. 4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes. 4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group. 4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only. (a) When an employee is offered an official or excepted position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority. (b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position. (c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion. (d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply: (i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or (ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment. (e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed from the seniority list.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in the respective Seniority Groups in January of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies of Seniority lists will be furnished to the Local President/Unit Chairperson.
4.2 An employee 3.1 Employees will be considered on probation until he/she has they have completed sixty (60) 90 days of actual work in the service of the RailwayCompany. If found unsuitable during such period, such employee will not be retained in The 90 days is subject to extension after discussions with the serviceRegional Representative.
4.3 Protests in regard to seniority standing must 3.2 Seniority shall be submitted in writing within sixty (60) days established from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error first works in a position covered by this schedule.
3.3 Seniority lists will be corrected maintained for each seniority group showing seniority numbers, names, positions, location, machine classification and machine number when so correctedknown, and date of last entry into the agreed upon Company's service on or for a position covered by such seniority group, from which date seniority will accumulate. Seniority lists shall be finalupdated and posted at the headquarters locations of all employees concerned, annually. No change A copy of said list shall also be made in furnished to the existing status Union representatives of the employees. The date the seniority list is posted at each location will be shown on the seniority list. The Regional Representative of the Union shall, at any time and upon request, be provided with an employee unless concurred in writing by updated copy of the Local President/Unit Chairpersonseniority list.
4.4 3.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) four consecutive annual seniority lists, lists unless the seniority date appearing on such lists was protested in writing within the sixty (60) -calendar-day period allowed for correctional purposes.
4.5 3.5 Employees appointed by bulletin to permanent positions in a seniority group, will be accorded a seniority date in such group effective with the date work commences on such position.
3.6 An employee Employee with one year's seniority or more who, while filling a position under this Scheduleagreement, is promoted to a position covered by accepts non-supervisory work under another wage agreement, may continue agreement shall be permitted to fill perform such position work for a continuous period of up to six (6) months without loss of seniority. However, but provided they can hold work in their own seniority group, they must return to his/her former position at, such group at or prior to, to the expiration of such six (6) months' period, month period or forfeit his/her their seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment agreement and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name their names shall be removed from the seniority list. After return from work under another wage agreement, employees must remain on a position covered by this agreement for a continuous period of at least six months. If they return to work under another wage agreement before the expiration of such six months, except when required for emergency work under another wage agreement, they will forfeit their seniority under this agreement.
Appears in 2 contracts
Samples: Employee Assistance Program Agreement, Employee Assistance Program Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in 11.1 Employees shall accumulate seniority from the respective Seniority Groups in January date of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies Agreement.
11.2 A seniority list will be posted in January of Seniority lists each year and copies will be furnished to the representative of the Local President/Unit ChairpersonUnion and Local Chairperson concerned. Such list will show names and dates from which seniority will accumulate.
4.2 An 11.3 A new employee will shall not be considered on probation regarded as permanently employed until he/she has completed sixty (60) 65 working days of actual work cumulative service. In the meantime, unless removed for cause which, in the service opinion of the RailwayCompany renders him/her undesirable for its service, the employee shall accumulate seniority from the date he/she entered that classification and shall be regarded as coming within the terms of this Agreement. If found unsuitable during such periodWhen a new employee is hired, such the Company will supply the Union with name, employee will not be retained in number, and date of hire of the serviceemployee.
4.3 11.4 Protests in regard to seniority standing status must be submitted in writing within sixty (60) 60 calendar days from the date seniority lists are posted. When proof of error is presented by an employee employees or his/her their representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing seniority status of an employee employees unless concurred in writing by the representative of the Local President/Unit ChairpersonUnion.
4.4 No change 11.5 When two or more employees commence work on the same day, the procedure for establishing their relative seniority shall be made in as follows:
(a) The employee who commenced work at the earliest hour of the day shall be senior;
(b) When the employees commenced work at the same hour, the one who signed the Company's application form for employment first shall be senior;
(c) All other things being equal they shall be placed on the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless list as mutually agreed between the seniority date appearing on such lists was protested in writing within proper officer of the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period Company and the representative of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service onlyLocal Union.
(a) When an employee is offered an official or The names of the employees who have been promoted from a position covered by this Agreement to excepted position positions with the Railway, Company or its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she subsidiaries will be continued on the seniority list for the group from which promoted promoted, and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official official, or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) -year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or his/her promotion.
(dc) When an employee is Employees referred to in Clauses (a) and (b) above, when released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a)employment, the following will apply:
(i) If he/she is released except at his/her their own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to may, if qualified, exercise full their seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her their seniority group which he/she is qualified to fillby displacing the most junior employee occupying the selected classification on the run of their choice. He/she Such employees must make his/her their choice of position, in writing, within 10 calendar days from date of release from excepted employment and commence work on such position in writing within ten (10) 30 calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment employment, unless he/she can give a satisfactory reason prevented by illness or other cause for not doing sowhich bona fide leave of absence has been granted. Failing thisto do so, he/she they will forfeit their seniority under this Agreement.
(d) Employees promoted to excepted positions for a period of less than 60 days will be allowed to return to their former positions within 10 calendar days from the date of release from excepted employment. The positions so vacated will be considered as temporary vacancies in accordance with Article 12.3.
11.7 Employees awarded in-charge positions as:
(1) Dining Car Stewards will automatically acquire all qualifications of lower rated positions in meal and beverage service cars except as provided for in item (2) of this Article.
(2) Dining Car Chefs will automatically acquire qualifications as Cooks and Kitchen Assistants in any meal service car.
11.8 Employees, while filling positions under this Agreement, who accept positions covered by another wage agreement may continue to fill such positions for a continuous period up to six months without loss of seniority. Provided they can hold work on their own seniority region, such employees shall exercise their seniority at, or prior to, the expiration of such six months' period, or forfeit his/her senioritytheir seniority rights under this Agreement.
11.9 Article 11.8 shall not apply to employees who, while holding seniority rights under another wage agreement, obtain employment and his/her name shall establish seniority under this Agreement. If such employees, while filling positions under this Agreement, exercise their seniority under the provisions of another wage agreement, their names will be removed dropped from the seniority list. Employees shall not be regarded as having exercised seniority rights when used for emergency service only.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in the respective Seniority Groups in January of each year. Such lists will show names, positions, positions and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies of Seniority lists will be furnished to the Local President/Unit Chairperson.from
4.2 An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railway. If found unsuitable during such period, such employee will not be retained in the service.
4.3 Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.position
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a4.7 (a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, request he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, 4.7 he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, this he/she shall forfeit his/her seniority, seniority and his/her name shall be removed from the seniority list.
4.8 The name of an employee transferred with his/her work from a staff covered by this agreement to a staff not covered by this agreement shall be removed from the seniority list.
4.9 An employee who has been discharged and is subsequently returned to the service in a position covered by this Agreement, unless reinstated with his/her former seniority standing, will only be allowed seniority from the date of his/her return to the service. An employee who is not reinstated with his/her former seniority standing within one year of the date of his/her discharge may only be so reinstated by mutual agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in 11.1 Employees shall accumulate seniority from the respective Seniority Groups in January date of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies Agreement.
11.2 A seniority list will be posted in January of Seniority lists each year and copies will be furnished to the representative of the Local President/Unit ChairpersonUnion and Local Chairperson concerned. Such list will show names and dates from which seniority will accumulate.
4.2 An 11.3 A new employee will shall not be considered on probation regarded as permanently employed until he/she has completed sixty (60) 65 working days cumulative service. Probation may be extended upon mutual agreement for a maximum of 130 working days of actual work cumulative service. In the meantime, unless removed for cause which, in the service opinion of the RailwayCompany renders him/her undesirable for its service, the employee shall accumulate seniority from the date he/she entered that classification and shall be regarded as coming within the terms of this Agreement. If found unsuitable during such periodWhen a new employee is hired, such the Company will supply the Union with name, employee will not be retained in number, and date of hire of the serviceemployee.
4.3 11.4 Protests in regard to seniority standing status must be submitted in writing within sixty (60) 60 calendar days from the date seniority lists are posted. When proof of error is presented by an employee employees or his/her their representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing seniority status of an employee employees unless concurred in writing by the representative of the Local President/Unit ChairpersonUnion.
4.4 No change 11.5 When two or more employees commence work on the same day, the procedure for establishing their relative seniority shall be made in as follows:
(a) The employee who commenced work at the earliest hour of the day shall be senior;
(b) When the employees commenced work at the same hour, the one who signed the Company's application form for employment first shall be senior;
(c) All other things being equal they shall be placed on the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless list as mutually agreed between the seniority date appearing on such lists was protested in writing within proper officer of the sixty (60) day period allowed for correctional purposesCompany and the representative of the Local Union.
4.5 An employee who(a) Effective date of ratification, while filling employees accepting a permanent non-union position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position shall have his/her seniority "temporarily suspended" for a continuous period of up to six (6) months without loss and if released or voluntarily returns prior to the completion of six (6) months, only the seniority accumulated while in the bargaining unit shall be taken into consideration when exercising seniority as provided in this or any other Rule. If the employee goes beyond six (6) months, they will be removed from the seniority list.
(b) If released or voluntarily returning from a permanent position within the six (6) months, the employee must within ten (10) days after such release or voluntary return, either displace the junior employee in his/her seniority group on his/her basic seniority territory or exercise seniority to a vacancy or a newly created position at his/her home seniority terminal; if he/she fails to do so he/she shall forfeit his/her seniority. The Local Chairperson shall be advised.
(c) An employee temporarily promoted to a non-union position for less than eighteen (18) months will continue to pay membership dues, but must through payroll deduction, in an amount equal to what the Employee would have paid had they remained in the bargaining unit. On return will revert to his/her former position held prior to promotion. The appropriate officer of the Company shall advise the respective local representative concerned of such promotion, including the expected duration thereof.
(d) Those employees who accepted a non-union position prior to date of ratification, who continue to hold seniority with the Union, and who wish to return to the bargaining unit, will advise the Company within ninety (90) days of ratification. The Company will review all requests and, within six (6) months, advise if such requests can be accommodated.
11.7 Employees awarded in-charge positions as:
(1) Dining Car Stewards will automatically acquire all qualifications of lower rated positions in meal and beverage service cars except as provided for in item (2) of this Article.
(2) Dining Car Chefs will automatically acquire qualifications as Cooks and Kitchen Assistants in any meal service car.
11.8 Employees, while filling positions under this Agreement, who accept positions covered by another wage agreement may continue to fill such positions for a continuous period up to six months without loss of seniority. Provided they can hold work on their own seniority region, such employees shall exercise their seniority at, or prior to, the expiration of such six (6) months' period, or forfeit his/her their seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section 11.9 Article 11.8 shall not apply to an employee employees who, while holding seniority rights under another wage agreement, obtains obtain employment and establishes establish seniority under this ScheduleAgreement. If such an employeeemployees, while filling a position positions under this ScheduleAgreement, exercises his/her exercise their seniority under the provisions of another wage agreement, his/her name their names will be dropped from the seniority list. An employee Employees shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed from the seniority list.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will The right of promotion of shall extend over the entire Railway and shall be posted in the respective Seniority Groups in January of each year. Such lists will show namesgoverned by merit, positionsfitness, and dates of last entry into ability. Where these are sufficient, the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee senior shall be placed on given the seniority list immediately upon being employed on a position covered by this schedulepreference. Copies of Seniority lists will be furnished to the Local President/Unit Chairperson.
4.2 An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railway. If found unsuitable during such period, such employee will not be retained in the service.
4.3 Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted other position with the Railway, its subsidiaries, by the Railway Association of Canada, Canadian Freight Association or Express Traffic Associationnot covered by this schedule, it is not obligatory on him/her to accept. If he/she does so and an agreement understanding is reached between him/her and the proper officer of the RailwayPassenger Services, or Chief Transportation Officer, as applicable, confirmed through the Local President/Unit ChairpersonChief Xxxxxxx, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted other position beyond six (6) months, his/her previous position shall will be bulletined at once, but he/she will be continued may retain standing on the seniority list list. The assignment held by an employee granted leave of absence to act as a full-time representative of the employees will, subject to the approval of the President, be protected during periods of such leave, but during this period the employee concerned will be allowed to bid on other positions. retain seniority for an additional six months after which loses all rights. This is not intended to apply to cases of sickness and/or disability which are, in the group opinion of the Manager of Passenger Care, or Chief Transportation Officer, as applicable, and the Chief Xxxxxxx, bona fide. The seniority of and will date from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted the time they last entered the Railway’s service as such, it being understood that or temporarily out of employment, on account of staff reductions, will not forfeit their seniority, provided they are available when required. The seniority of a or employed on lines under construction, or absorbed by the Railway will date from last appointment as provided a or on such lines. A new employee shall be on probation for in the second sentence days of Article 4.7(a), may resume his/her former position or, merit cumulative compensated service and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority if retained beyond this period will rank on the seniority list from the date first employed in a position covered by this Agreement. In the meantime, unless removed for cause which promoted in the opinion of the Railway renders undesirable for its service, the employee will be regarded as coming within the terms of this Agreement. Senior spare or will be kept working in preference to junior spare or if, in the opinion of the Manager of Passenger Care, or Chief Transportation Officer, as applicable,, they are capable. Lists of all and showing their seniority standing, will be kept on file in their respective headquarters offices open to the inspection of all and concerned. These lists will be subject to correction on proper representation from any or jointly to the Manager of Passenger Care, or Chief Transportation Officer, as applicable, and the Chief Xxxxxxx, and a copy of same, corrected to date, will be furnished to the Chief Xxxxxxx at the beginning of each year. When two or more or are employed on the same day, their seniority standing will be determined by the time they start work, and they will be considered senior in the order shown on the list. Seniority protests by or shall be invalid unless filed jointly with the Chief Xxxxxxx and of Passenger Services, or Chief Transportation Officer, as applicable, within one year from date of first publication of the name in the seniority list. No change shall be made in existing seniority status unless concurred in by Chief Xxxxxxx. Employees hired after April and who are subsequently laid off for a consecutive period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following months will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed from the seniority list.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 (a) Seniority lists will be compiled and posted in respective seniority groups during the respective Seniority Groups in January month of June each year. Such lists will show the names, positionsestablished position dates, group seniority dates and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date Company seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this scheduledates. Copies of Seniority seniority lists will be furnished to the Local President/Unit Chairperson.
4.2 An Union representative, the grievance chairmen of each vessel and the President of the local. The seniority of any employee entering the Company service prior to May will be considered effective from the date he or she was listed to be called to work. In the event or more employees start working on probation until he/she has completed sixty (60) days of actual work the same date, the employee who was determined to be called first will be the senior employee. Any discrepancy in the service seniority be reported in writing to the Company and the security or representative of the Railway. If found unsuitable during such period, such employee will not be retained in the service.
4.3 Protests in regard to seniority standing must be submitted in writing local within sixty (60) days from the date seniority lists are postedof the posting. When proof of error is presented by an employee or his/her representative, such error The list will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred considered as correct if notice in writing by is not given to the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing Company within the a sixty (60) day period allowed for correctional purposes.
4.5 period. Posted seniority lists cannot be altered after two consecutive years. An employee whowith less than ninety (90) working days seniority will be considered as on probation, while filling a position shall hold no rights under the promotion rules of this ScheduleAgreement, and if found unsuitable, will not be retained. seniority date shall be governed by conditions in and An employee who has been or is promoted to a certificate or official position with the Company, from a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work shall retain his seniority right and continue to accumulate seniority while so employed. Such person when released from the certificated or official position, except by dismissal, may within ten (10) days of such release, exercise his seniority rights to any position in his/her own his seniority group.
4.6 The foregoing Section shall not apply , which he is qualified to an employee whofill, while holding seniority rights under another wage agreementand failing to do so will forfeit his seniority, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her in which event his name will be dropped from placed on the bottom of the seniority list. An employee displaced from his position as a result of this procedure shall not be regarded as having exercised have similar rights of exercising his seniority rights when used for emergency service onlywithin his seniority group, displacing a junior employee, provided he has sufficient ability to perform the work and that he makes application in writing to do so within a period of ten days.
(a) When an employee is offered an official or excepted position with For the Railwaypurpose of any recall, its subsidiariesemployees will be recalled to the Company service in order of established seniority positions, additional positions will next be filled, by laid-off employees in the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her respective seniority groups. The Company will make every effort to acceptgive forty-eight (48) hours notice for such re-call to work. If he/she does so and an agreement is reached between him/her and the proper officer The name of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights laid-off employee who does not report for work to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten five (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official 5)days or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give does not furnish a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed placed at the bottom of the group seniority list. The Company will temporarily fill this position from the next person on the list. Refusal to perform work outside an employee's respective group seniority listwill not constitute violation of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in 11.1 Employees shall accumulate seniority from the respective Seniority Groups in January of each year. Such lists will show names, positions, and dates date of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies agreement.
11.2 A seniority list will be posted in January of Seniority lists each year and copies will be furnished to the representative of the Local President/Unit ChairpersonUnion and Local Chairperson concerned. Such list will show names and dates from which seniority will accumulate.
4.2 An employee 11.3 Employees will be considered as on probation until he/she has they have completed sixty (60) 60 days of actual work in the service of the Railwaya position covered by this Agreement. If Employees found unsuitable during such period, such employee will shall not be retained in entitled to grieve with respect to discharge, but with this exception they shall have access to the serviceGrievance Procedure.
4.3 11.4 Protests in regard to seniority standing status must be submitted in writing within sixty (60) 60 calendar days from the date seniority lists are posted. When proof of error is presented by an employee employees or his/her their representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing seniority status of an employee employees unless concurred in writing by the representative of the Local President/Unit ChairpersonUnion.
4.4 No change 11.5 When two or more employees commence work on the same day, the procedure for establishing their relative seniority shall be made in as follows:
(a) The employee who commenced work at the earliest hour of the day shall be senior;
(b) When the employees commenced work at the same hour, the one who signed the company's application form for employment first shall be senior;
(c) All other things being equal they shall be placed on the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless list as mutually agreed between the seniority date appearing on such lists was protested in writing within proper officer of the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period company and the representative of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service onlyLocal Union.
(a) When an employee is offered an official or The names of the employees who have been promoted from a position covered by this Agreement to excepted position positions with the Railway, company or its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she subsidiaries will be continued on the seniority list for the group from which promoted promoted, and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or his/her promotion.
(dc) When an employee is Employees referred to in Clauses (a) and (b) above, when released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a)employment, the following will apply:
(i) If he/she is released except at his/her their own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to may, if qualified, exercise full their seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her their seniority group which he/she is qualified to fillby displacing the most junior employee occupying the selected classification on the run of their choice. He/she Such employees must make his/her their choice of position, in writing, within 10 calendar days from date of release from excepted employment and commence work on such position in writing within ten (10) 30 calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment employment, unless he/she can give a satisfactory reason prevented by illness or other cause for not doing sowhich bona fide leave of absence has been granted. Failing thisto do so, he/she they will forfeit their seniority under this Agreement.
(d) Employees promoted to excepted positions for a period of less than 60 days will be allowed to return to their former positions within 10 calendar days from the date of release from excepted employment. The positions so vacated will be considered as temporary vacancies in accordance with Article 12.3.
11.7 Employees awarded in-charge positions as:
(1) Dining Car Stewards will automatically acquire all qualifications of lower rated positions in meal and beverage service cars except as provided for in item (2) of this Article.
(2) Dining Car Chefs will automatically acquire qualifications as Cooks and Kitchen Assistants in any meal service car.
11.8 Employees while filling positions under this Agreement who accept positions covered by another wage agreement may continue to fill such positions for a continuous period up to six months without loss of seniority. Provided they can hold work on their own seniority region, such employees shall exercise their seniority at, or prior to, the expiration of such six months' period, or forfeit his/her senioritytheir seniority rights under this Agreement.
11.9 Article 11.8 shall not apply to employees who, while holding seniority rights under another wage agreement, obtain employment and his/her name establish seniority under this Agreement. If such employees, while filling positions under this Agreement, exercise their seniority under the provisions of another wage agreement, their names will be dropped from the seniority list. Employees shall not be regarded as having exercised seniority rights when used for emergency service only.
11.10 Employees hired after April 1, 1996 and who are subsequently laid off for a consecutive period of twenty-four (24) months will be removed from the seniority list.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in 11.1 Employees shall accumulate seniority from the respective Seniority Groups in January of each year. Such lists will show names, positions, and dates date of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies agreement.
11.2 A seniority list will be posted in January of Seniority lists each year and copies will be furnished to the representative of the Local President/Unit ChairpersonUnion and Local Chairperson concerned. Such list will show names and dates from which seniority will accumulate.
4.2 An employee 11.3 Employees will be considered as on probation until he/she has they have completed sixty (60) 60 days of actual work in the service of the Railwaya position covered by this Agreement. If Employees found unsuitable during such period, such employee will shall not be retained in the service.entitled to grieve with respect to discharge, but with this exception they shall have access to
4.3 11.4 Protests in regard to seniority standing status must be submitted in writing within sixty (60) 60 calendar days from the date seniority lists are posted. When proof of error is presented by an employee employees or his/her their representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing seniority status of an employee employees unless concurred in writing by the representative of the Local President/Unit ChairpersonUnion.
4.4 No change 11.5 When two or more employees commence work on the same day, the procedure for establishing their relative seniority shall be made in as follows:
(a) The employee who commenced work at the earliest hour of the day shall be senior;
(b) When the employees commenced work at the same hour, the one who signed the company's application form for employment first shall be senior;
(c) All other things being equal they shall be placed on the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless list as mutually agreed between the seniority date appearing on such lists was protested in writing within proper officer of the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period company and the representative of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service onlyLocal Union.
(a) When an employee is offered an official or The names of the employees who have been promoted from a position covered by this Agreement to excepted position positions with the Railway, company or its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she subsidiaries will be continued on the seniority list for the group from which promoted promoted, and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-non- scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or his/her promotion.
(dc) When an employee is Employees referred to in Clauses (a) and (b) above, when released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a)employment, the following will apply:
(i) If he/she is released except at his/her their own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to may, if qualified, exercise full their seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her their seniority group which he/she is qualified to fillby displacing the most junior employee occupying the selected classification on the run of their choice. He/she Such employees must make his/her their choice of position, in writing, within 10 calendar days from date of release from excepted employment and commence work on such position in writing within ten (10) 30 calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment employment, unless he/she can give a satisfactory reason prevented by illness or other cause for not doing sowhich bona fide leave of absence has been granted. Failing thisto do so, he/she they will forfeit their seniority under this Agreement.
(d) Employees promoted to excepted positions for a period of less than 60 days will be allowed to return to their former positions within 10 calendar days from the date of release from excepted employment. The positions so vacated will be considered as temporary vacancies in accordance with Article 12.3.
11.7 Employees awarded in-charge positions as:
(1) Dining Car Stewards will automatically acquire all qualifications of lower rated positions in meal and beverage service cars except as provided for in item (2) of this Article.
(2) Dining Car Chefs will automatically acquire
11.8 Employees while filling positions under this Agreement who accept positions covered by another wage agreement may continue to fill such positions for a continuous period up to six months without loss of seniority. Provided they can hold work on their own seniority region, such employees shall exercise their seniority at, or prior to, the expiration of such six months' period, or forfeit his/her senioritytheir seniority rights under this Agreement.
11.9 Article 11.8 shall not apply to employees who, while holding seniority rights under another wage agreement, obtain employment and his/her name establish seniority under this Agreement. If such employees, while filling positions under this Agreement, exercise their seniority under the provisions of another wage agreement, their names will be dropped from the seniority list. Employees shall not be regarded as having exercised seniority rights when used for emergency service only.
11.10 Employees hired after April 1, 1996 and who are subsequently laid off for a consecutive period of twenty- four (24) months will be removed from the seniority list.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in the respective Seniority Groups in January of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies of Seniority lists will be furnished to the Local President/Unit Chairperson.
4.2 An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railway. If found unsuitable during such period, such employee will not be retained in the service.
4.3 Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.this
(a) When an employee is offered an official or excepted position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed from the seniority list.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 23.1 Seniority lists will be posted in the respective Seniority Groups seniority groups in January of each year. Such lists will show names, positions, the names and dates of last entry into the service in positions appointed to position covered by this Schedule (due regard being had to the provisions of Articles 7.9agreement, 7.10 and 7.11) from which date dates seniority will accumulate. The name Copies of an employee seniority lists shall be placed on the seniority list immediately upon being employed on posted in a position covered by this schedule. Copies of Seniority lists will convenient location in each yard office and copies shall be furnished to the Local President/Unit Chairpersonand General Chairman. Temporary service as Yardmaster shall not establish a seniority date as Yardmaster for the individual so used.
4.2 An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railway. If found unsuitable during such period, such employee will not be retained in the service.
4.3 23.2 Protests in regard to involving seniority standing status must be submitted filed in writing within sixty (60) days from the date seniority lists are posted. Such protests shall be addressed to the Area Manager and the General Chairman and must contain a concise statement of claim over the personal signature of the Yardmaster submitting the protest. If protest is not filed prior to the expiration of the sixty days after the seniority list has been posted, the seniority list shall be considered as approved. When proof of error is presented by an employee a Yardmaster, or his/her his representative, such error will be corrected and and, when so corrected, corrected the agreed agreed-upon seniority date shall be final. No change shall be made in the existing seniority status of a Yardmaster unless concurred in by the General Chairman.
23.3 The name of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, who is promoted to from a position covered by another wage agreement, may continue this collective agreement to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted non-unionized position with the RailwayCorporation on or after November 22, its subsidiaries1989, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the proper seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, they shall continue to accumulate seniority on in the seniority list group from which promoted for a period of two (2) consecutive years. Following this two (2) two-year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is accumulated. Such employee, when released from excepted employment under conditions other than provided for in the second sentence non-unionized employment, may within 30 days of Article 4.7(a)such release, the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her his seniority rights to any position in his/her his seniority group which he/she he is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns fill and, failing to a schedule position from an official or excepted position under this Article 4.7do so, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall will forfeit his/her his seniority, and his/her in which event his name shall will be removed from the seniority list.
23.4 A Yardmaster who has been discharged, and is subsequently returned to the service in a position covered by this agreement, unless reinstated with his former seniority standing, will only be allowed seniority from the date of his return to the service. A Yardmaster who is not reinstated with his former seniority standing within six months of the date of his discharge, may only be so reinstated by agreement between the proper officer of the Corporation and the General Chairman.
Appears in 1 contract
Samples: Collective Agreement
Seniority Status and Lists. 4.1 Seniority lists Lists will be posted in the respective Seniority Groups in January of each year. Such lists will show names, positions, positions and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies of Seniority lists will be furnished to the Na- tional Representative of the Brotherhood and to the Local President/Unit Chairperson.
4.2 Chairmen. An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railway. If found unsuitable during such period, such employee will not be retained re- tained in the service.
4.3 . Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representativerepre- sentative, such error will be corrected and when so corrected, corrected the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 National Representative. No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority senior- ity date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 . An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' ’ period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 . The foregoing Section section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions pro- visions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted position with the Railway, its subsidiariessub- sidiaries, the Railway Association of Canada, Canadian Cana- dian Freight Association or Express Traffic AssociationAssocia- tion, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit ChairpersonNational Representative, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official offi- cial or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, once but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) . An employee released from excepted employmentemploy- ment, as provided for in the second sentence of Article 4.7(a(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) . An employee promoted to a permanent non-non- scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) two-year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) . When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a(a), the following will apply:
(i) : If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/he/ she is eligible to exercise full seniority rights in bidding bid- ding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/he/ she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she request may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) . In all cases where an employee returns to a schedule position from an official or excepted position posi- tion under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, this he/she shall forfeit his/her seniority, seniority and his/her name shall be removed from the seniority list. The name of an employee transferred with his/ her work from a staff covered by this agreement to a staff not covered by this agreement shall be re- moved from the seniority list. An employee who has been discharged and is subsequently returned to the service in a position covered by this Agreement, unless reinstated with his/her former seniority standing, will only be allowed seniority from the date of his/her return service. An employee who is not reinstated with his/her former seniority standing within one year of the date of his/her discharge may only be so reinstated by mutual agreement.
Appears in 1 contract
Samples: Collective Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted 16.1 When two or more employees commence work in the respective Seniority Groups in January same seniority group on the same day the procedure for establishing their relative seniority shall be as follows:
(a) The employee who commenced work at the earliest hour of each year. Such lists will show namesthe day shall be senior;
(b) When the employees commenced work at the same hour, positions, and dates of last entry into the service in positions covered by this Schedule one who signed the Company's application form for employment first shall be senior;
(due regard c) All other things being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee equal they shall be placed on the seniority list as mutually agreed between the proper officer of the Company and the USW President, Local 2004 or designated representative
a) For Bridge and Structures and Track Forces employees and except as otherwise provided in Article 7.12, new employees shall not be regarded as permanently employed until they complete 90 working days' service, which service must be accumulated within the preceding 24 months. Within such period they may, without investigation, be removed for cause which in the opinion of the Company renders them undesirable for its service. If removed for cause, they shall be provided with a written notice following a written or verbal request. Note: Extra Gang Labourers and Attendant must, before completion of probationary period, undergo medical examination as required by the Company.
b) For Steel Bridge and Masonry employees and Mechanics A In addition to the 90 days set out in Article 16.2a) the Company will have an additional 40 working days during which, it may remove new employees from service account of qualifications. If retained their seniority shall commence from the date of entry into the service in any one of these classifications. The 24
c) The names of employees shall be placed on the seniority lists immediately upon being employed on after they are accepted for a position covered by this schedule. Copies of Seniority lists Agreement, and seniority will accrue from such date in the classification in which employed, except that if employed either as Assistant Steel Bridge Foreperson or as Xxxxxxx Xxxxxxxxxx, a corresponding seniority date will be furnished accorded to the Local President/Unit Chairperson.
4.2 An employee will be considered on probation until he/she has completed sixty (60) days of actual work in the service of the Railwaythem as Steel Bridge Worker or Masonry Worker respectively. If found unsuitable during such period, such employee will not be retained in the service.
4.3 Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on him/her to accept. If he/she does so and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights to the position previously held for a period of six (6) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed from the seniority list.Probationary Employees
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in the respective Seniority Groups in January of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies of Seniority lists will be furnished to the Local President/Unit Chairperson.
4.2 An A new employee will shall not be considered on probation regarded as permanently employed until he/she has completed sixty (60) 65 working days cumulative service. Probation may be extended upon mutual agreement for a maximum of 130 working days of actual work cumulative service. In the meantime, unless removed for cause which, in the service opinion of the RailwayCompany renders him/her undesirable for its service, the employee shall accumulate seniority from the date he/she entered that classification and shall be regarded as coming within the terms of this Agreement. If found unsuitable during such periodWhen a new employee is hired, such the Company will supply the financial secretary of the CAW Unifor Local 103 with the name, employee will not be retained in number, and date of hire of the serviceemployee.
4.3 Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date seniority lists are posted. When proof of error is presented by an employee or his/her representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing status of an employee unless concurred in writing by the Local President/Unit Chairperson.
4.4 No change shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months not less than the applicable probationary period without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' probationary period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
(a) When an employee is offered an official or excepted Effective date of ratification, employees accepting a permanent non-union position with the Railway, its subsidiaries, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory on himshall have his/her to accept. If he/she does so seniority "temporarily suspended" for six (6) months and an agreement is reached between him/her and the proper officer of the Railway, confirmed through the Local President/Unit Chairperson, he/she may retain rights if released or voluntarily returns prior to the position previously held for a period completion of six (6) months, only the seniority accumulated while in the bargaining unit shall be taken into consideration when exercising seniority as provided in this or any other Rule. If he/she remains in such official or excepted position the employee goes beyond six (6) months, his/her previous position shall be bulletined at once, but he/she they will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise his/her seniority on any position in his/her group which was bulletined while he/she occupied such official or excepted position.
(c) An employee promoted to a permanent non-scheduled, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name shall be removed from the seniority list.
(b) If released or voluntarily returning from a permanent position within the six (6) months, the employee must within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Seniority Status and Lists. 4.1 Seniority lists will be posted in 11.1 Employees shall accumulate seniority from the respective Seniority Groups in January date of each year. Such lists will show names, positions, and dates of last entry into the service in positions covered by this Schedule (due regard being had to the provisions of Articles 7.9, 7.10 and 7.11) from which date seniority will accumulate. The name of an employee shall be placed on the seniority list immediately upon being employed on a position covered by this schedule. Copies Agreement.
11.2 A seniority list will be posted in January of Seniority lists each year and copies will be furnished to the representative of the Local President/Unit ChairpersonUnion and Local Chairperson concerned. Such list will show names and dates from which seniority will accumulate.
4.2 An 11.3 A new employee will shall not be considered on probation regarded as permanently employed until he/she has completed sixty (60) 65 working days of actual work cumulative service. In the meantime, unless removed for cause which, in the service opinion of the RailwayCompany renders him/her undesirable for its service, the employee shall accumulate seniority from the date he/she entered that classification and shall be regarded as coming within the terms of this Agreement. If found unsuitable during such periodWhen a new employee is hired, such the Company will supply the Union with name, employee will not be retained in number, and date of hire of the serviceemployee.
4.3 11.4 Protests in regard to seniority standing status must be submitted in writing within sixty (60) 60 calendar days from the date seniority lists are posted. When proof of error is presented by an employee employees or his/her their representative, such error will be corrected and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the existing seniority status of an employee employees unless concurred in writing by the representative of the Local President/Unit ChairpersonUnion.
4.4 No change 11.5 When two or more employees commence work on the same day, the procedure for establishing their relative seniority shall be made in the seniority date accredited an employee which has appeared on two (2) consecutive annual seniority lists, unless the seniority date appearing on such lists was protested in writing within the sixty (60) day period allowed for correctional purposes.
4.5 An employee who, while filling a position under this Schedule, is promoted to a position covered by another wage agreement, may continue to fill such position for a continuous period of up to six (6) months without loss of seniority, but must return to his/her former position at, or prior to, the expiration of such six (6) months' period, or forfeit his/her seniority rights under this Agreement, provided he/she can hold work in his/her own seniority group.
4.6 The foregoing Section shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority under this Schedule. If such an employee, while filling a position under this Schedule, exercises his/her seniority under the provisions of another wage agreement, his/her name will be dropped from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.follows:
(a) The employee who commenced work at the earliest hour of the day shall be senior;
(b) When an employee is offered an official or excepted position with the Railway, its subsidiariesemployees commenced work at the same hour, the Railway Association of Canada, Canadian Freight Association or Express Traffic Association, it is not obligatory one who signed the Company's application form for employment first shall be senior;
(c) All other things being equal they shall be placed on him/her to accept. If he/she does so and an agreement is reached the seniority list as mutually agreed between him/her and the proper officer of the Railway, confirmed through Company and the representative of the Local President/Unit ChairpersonUnion. r
11.6 (a) Effective December 14, he/she may retain rights to the position previously held for a period of six (62015, employees accepting position(s) months. If he/she remains in such official or excepted position beyond six (6) months, his/her previous position not covered by this Collective Agreement shall be bulletined at once, but he/she will be continued on the seniority list for the group from which promoted and shall continue to accumulate seniority.
(b) An employee released from excepted employment, as provided for in the second sentence of Article 4.7(a), may resume his/her former position or, merit and ability being sufficient, may exercise have his/her seniority on any position in his/her group which was bulletined while “temporarily suspended” until such time as he/she occupied returns to the bargaining unit. In such official or excepted position.
(c) An employee promoted to a permanent non-scheduledevent, official or excluded position subsequent to December 8, 1978, shall continue to accumulate seniority on only the seniority list from which promoted for a period of two (2) consecutive years. Following this two (2) year period in such capacity, such employee shall no longer accumulate seniority but shall retain the seniority rights already accumulated up to the date of his or her promotion.
(d) When an employee is released from excepted employment under conditions other than provided for while in the second sentence of Article 4.7(a), the following will apply:
(i) If he/she is released at his/her own request, he/she will be required to render thirty (30) days cumulative service as a spare employee before he/she is eligible to exercise full seniority rights in bidding on vacancies or newly created positions. Under no circumstances will such employee be allowed to displace any regularly assigned employee until he/she has been assigned by bulletin to a position other than a temporary position in his/her own group; or
(ii) If released at other than his/her own request, he/she may exercise his/her seniority rights to any position in his/her seniority group which he/she is qualified to fill. He/she must make his/her choice of position in writing within ten (10) calendar days from the date released from excepted employment.
(e) In all cases where an employee returns to a schedule position from an official or excepted position under this Article 4.7, he/she shall commence work on such position, or be available for duty if he/she only stands for spare work, within thirty (30) calendar days of release from excepted employment unless he/she can give a satisfactory reason for not doing so. Failing this, he/she shall forfeit his/her seniority, and his/her name bargaining unit shall be removed from the taken into consideration when exercising seniority listas provided in this or any other Rule.
Appears in 1 contract
Samples: Collective Bargaining Agreement