WAGE VIOLATIONS Contractor represents and warrants that, during the term of this Master Contract and the three (3) year period immediately preceding the award of the Master Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.
Seniority Roster The District shall maintain an updated seniority roster, indicating employee's class seniority and hire date seniority. Such rosters shall be available to CSEA.
Seniority Date Employees shall acquire seniority upon completion of the probationary period as defined in Article XIII and upon acquiring seniority, the seniority date shall relate back to the first date of continuous service in the bargaining unit. If more than one employee commences work on the same date, lot shall determine seniority ranking for such employees. A District-Wide seniority list will be provided for the exclusive representative no later than November 1 of each year.
SENIORITY AND LAYOFF The first twelve (12) months of continuous employment starting from the date of employment shall constitute a new employee’s probationary period. At the three (3) month point in the probationary period, the DPW Director (for the DPW employees) and the Town Administrator (for the Custodian employees) will meet with the employee for an evaluation in order to inform him/her of any problems with job performance and corrections that need to be made. If the DPW Director or the Town Administrator determines that within or at the end of the twelve (12) month period that the employee is not performing their duties, then said employee can be discharged from said position without recourse from the Union (not subject to the grievance procedure). An employee shall acquire seniority after completing the twelve (12) month probationary period and his/her seniority will revert to the beginning date of employment. During the twelve (12) month probationary period said employee shall be entitled to and receive all the benefits of the Collective Bargaining Agreement as practiced in the past. An employee's full time continuous service with the Town of Pembroke ("Town-wide" seniority) shall determine the employee's seniority for purposes of layoff and recall under this article. Overall seniority will be considered in cases of transfers. Overall seniority within each Division will be considered in preference in choice of vacation periods. In the event that the DPW Director needs to transfer employees from one Division to another, the transfer notification will be posted on the Union Board. The transfer will start with the least senior employee in the Division effected unless a senior employee in the Division requests the transfer in writing. If the Town finds it necessary to lay off employees, the procedures set forth in this article will apply. The employer shall meet with the Union to discuss any impending layoffs at least thirty (30) days prior to such layoff. A "layoff" is hereby defined as a complete termination of employment for economic or other legitimate non-disciplinary reasons. If a layoff is necessary, the Town shall layoff by job classification first, then by seniority, starting with the least senior employee. In all cases, seniority shall be measured by Town-wide service as defined above and not by departmental service. If it is the Highway, Tree, Cemetery budget that is affected by the layoff, the least senior employee will have the right to bump a lesser senior employee in the Water Division. If it is the Water budget that is affected, the least senior employee will have the right to bump a lesser senior employee in the Highway, Tree or Cemetery Division. In the case of the Custodian Classification, if a layoff is necessary, the Town shall layoff in the order of starting with the least senior employee within the Custodian classification. An employee in the Custodian classification will not be permitted to bump any employee within any of the other DPW Divisions. In the event of a layoff, the Custodians shall not be eligible to bump into any other division of the DPW, meaning the Water, Highway, or Cemetery/Tree Divisions. In rehiring in any job classification the Town will offer re-employment to these former employees who have been laid off in the inverse order in which said employees were laid off. There shall be no obligation to offer re-employment to any employee who has been laid off more than three (3) years. The offer of re-employment shall be sufficient if made by certified or registered mail addressed to the laid off employee at his last address of record, as shown by the records of the town. Any such laid off employee must respond and be available for re-employment within seventeen (17) days from the date of mailing of the offer; otherwise the laid off employee shall be deemed to have refused re-employment and the Town's obligation under this article is satisfied.
Non-Violation The execution and delivery of this Amendment and the performance and observance by it of the terms and provisions hereof (a) do not violate or contravene its Organization Documents or any applicable Laws or (b) conflict with or result in a breach or contravention of any provision of, or constitute a default under, any other agreement, instrument or document binding upon or enforceable against it.
Seniority Rosters The Employer agrees to furnish the Union each January 31 and July 31 with rosters of all employees who accrue seniority, their current and prior classifications, and start date in each classification and University start date per Section 1. Employees who have accepted positions outside the bargaining unit do not accrue class seniority in the bargaining unit when employed in positions outside the bargaining unit, but retain prior seniority earned in the bargaining unit. When two (2) or more employees have the same classification seniority date, ties shall be broken by recognizing the employee with the greater University seniority first. If a tie still continues, the employee's seniority position shall be determined by lot.
SENIORITY AND LAYOFFS 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen
Repeat Violations Xxxxxxx agrees to comply with all regulatory requirements and acknowledges that repeat violations could result in increased penalties in the future.
Seniority Retention Laid off employees shall retain their seniority accumulated up to the time of layoff as follows:
(a) If laid off after three (3) months’ continuous employment – up to three (3) months; or
(b) If laid off after twelve (12) or more months’ continuous employment – up to one (1) year.
SENIORITY (a) Newly hired full-time employees shall be considered on a probationary basis for a period of three (3) months from the date of hiring. After three (3) months of continuous service, his/her seniority shall date back to the day in which his/her employment began.
(b) Persons on probation may be terminated without recourse to the grievance procedure. However, such persons shall be given the reason(s) for termination in each case. The rate for probationary employees shall be that of this Agreement.
(a) A seniority list for all full-time employees and a separate seniority list for all part-time employees shall be drawn and posted on the bulletin board. This list shall be revised as of January 1 of each year and forwarded to the Union by the end of February of each year. Employees' names and classifications shall appear on the seniority list in order of their respective dates of employment. Additions and deletions shall be forwarded to the Union as they occur.
(b) The Employer and Union agree to place employees on a seniority list as per Article 11; however, in the event that employees share the same seniority date the following process for placement on the seniority list, in order, will be used: i) date of hire ii) date probation is completed as per article 11.01 iii) first to complete their next scheduled shift iv) time of clock in if worked same shift
11.03 In all cases of lay-off due to lack of work or recall following a lay-off, the employee with the greatest amount of seniority will be retained in employment or recalled to work, whichever is applicable, provided he/she is qualified to perform the work available.
11.04 Seniority previously accumulated will be lost whenever an employee:
(a) quits his/her employment, or retires;
(b) is discharged and not reinstated;
(c) is absent from work without reasonable explanation;
(d) she/he is a part-time employee who has not been available for three (3) consecutive calendar months and is not on an approved absence as per the provisions of this agreement;
(e) is laid off for twelve (12) consecutive months or time equal to the employee's length of service, whichever is greater;
(f) fails to return from lay-off within six (6) days of work after being notified to do so; the employee to be recalled must keep the Employer informed of his/her current address and telephone number. Notice of recall may be by telephone, but in all cases a registered letter shall be used either as notice or confirmation.
11.05 The selection or appointment of employees for supervisory positions, or for any position not subject to this Agreement, is not governed by this Agreement. However, if any employee is or has been transferred or appointed, and later transferred back to a position which is governed by this Agreement, then the seniority which he/she has accumulated under this Agreement shall be credited to the employee. Subject to the time period set out in 11.04 (e) any time spent working outside the bargaining unit shall be deemed a lay-off for the purpose of this article.
